Practical Tips In Representing Asylum Seekers

1. Practical Tips In Representing Asylum Seekers

2. EWI ENTRY

3. Affirmative Filing Procedures Filing asylum affirmatively is a 2-step process: Step 1: File I-589 If client lives in NY/NJ, file with: Vermont Service Center Attention: Asylum 75 Lower Welden Street St. Albans, VT 05479-0589 • No filingfee • Makesureall boxes are completed • At time ofinitialfiling, no needtoincludeevidenceotherthan (for primaryapplicant): • Original and 1 copyofsignedform I-589 (withclient’sattachedpassport-sizephoto) • Two copies ofclient’spassportorothertraveldocument + (ifavailable) two copies ofanyother ID docs (birthcert, etc)

4. Affirmative Filing Procedures Filing asylum affirmatively is a 2-step process: Step 1: File I-589 And (for anyincludedderivatives): • An additional copy of the main applicant’s completed Form I-589 • A passport-size photograph of the derivative • Two copies of primary or secondary evidence ofrelationshipbetweenprimaryapplicant and includedderivative

5. Considerations in Including Derivatives • Derivative will be expected to appear and may be asked questions to corroborate claim at interview • If case referred, NTA will be issued for derivative as well as for Applicant • Much faster adjudication that I-730 process

6. Affirmative Filing Procedures Step 2: • Complete biometrics • File evidence • Attend interview

7. Filing Procedures Differ by Asylum Office An Asylum Office’s Jurisdiction is established by the Applicant’s place of residence: New York Asylum Office Jurisdiction is: • Dutchess, Kings, Nassau, Orange, Putnam, Queens, Richmond, Rockland, Suffolk, Sullivan, Ulster, and Westchester counties. • Newark Asylum Office Jurisdiction is: Connecticut, Delaware, Maine, Massachusetts, New Hampshire, New Jersey, Rhode Island, and Vermont. • And the following counties in the state of New York:Albany, Allegany, Bronx, Broome, Cattaraugus, Cayuga, Chautauqua, Chemung, Chenango, Clinton, Columbia, Cortland, Delaware, Erie, Essex, Franklin, Fulton, Genesse, Greene, Hamilton, Herkimer, Jefferson, Lewis, Livingston, Madison, Monroe, Montgomery, New York (Manhattan), Niagara, Oneida, Onondaga, Ontario, Orleans, Oswego, Otsego, Rensselaer, Saint Lawrence, Saratoga, Schenectady, Schoharie, Schuyler, Seneca, Steuben, Tioga, Tompkins, Warren, Washington, Wayne, Wyoming, Yates. • And the following counties in the state of Pennsylvania: Adams, Berks, Bucks, Cameron, Carbon, Centre, Chester, Clinton, Columbia, Cumberland, Dauphin, Delaware, Franklin, Fulton, Huntingdon, Juniata, Lackawanna, Lancaster, Lebanon, Lehigh, Luzerne, Lycoming, Mifflin, Monroe, Montgomery, Montour, Northampton, Northumberland, Perry, Philadelphia, Pike, Potter, Schuylkill, Snyder, Sullivan, Susquehanna, Tioga, Union, Wayne, Wyoming, York.

8. New York Asylum Office Filing Procedures Require 2 copies of any supporting evidence. Accept additional documentation on the day of. Officer will review any documents immediately prior to interview. Organize materials in order of importance. The best practice is to submit additional materials at the check-in desk; not during the interview itself.

9. Newark Asylum Office Filing Procedures Require 2 copies of any supporting evidence All evidence must be filed to the asylum office at least a week in advance of the interview. The cases are preassigned. The officer is supposed to have time to review file prior to the day of interview If applicants submit lots of additional materials the day of, then a reschedule may be necessary. If submitting any materials on the day of interview, best practice is to submit additional materials at the check-in desk, not during the interview itself.

10. Asylum Office Contacts USCIS, Newark Asylum Office1200 Wall Street West, Fourth FloorLyndhurst, NJnewarkasylumofficemailbox@uscis.dhs.gov Phone: (201) 508-6114 (front desk)Phone: (201) 508-6100Fax: (201) 531-1877 *Prefers contact by email to thenewarkasylumofficemailbox@uscis.dhs.gov email address. Best practice is to always copy the public email inbox even if contacting a specific asylum officer’s email address. This will ensure that your email is handled in the event that your asylum officer is not available. USCIS New York Asylum Office1065 Stewart AvenueSuite 200Bethpage, NY 11714NewYork.Asylum@uscis.dhs.govPhone: (516) 261-0000Fax: (516) 261-0141 *Prefers contact by mail or fax. If need to escalate an issue, or if you have not received a response within two weeks, contact Patricia Mengues, the Director, by mail

11. Challenges: Adjudication Delays Short list: New York: No short list. Newark: Short list exists. To get on the list, send a letter in writing. No need to establish hardship; you can just ask. If on the short list, you waive 21-day notice of interview. If they call you from the short list a number of times but can’t reach you (about 6 times, for example), you will be taken off the list. Newark seldom uses the short list. Expedite list: Reserved for extreme humanitarian/financial/medical hardship. Write a letter giving reasons and supporting documentation.

12. Work Authorization Current timeline: Able to apply 150 days after I-589 is received by USCIS. Applications generally adjudicated in approx. 30 days.

14. Thank you! • Carmen Maria Rey • Assistant Professor of Clinical Law • Brooklyn Law School • 250 Joralemon Street • Brooklyn, NY 11201 • P: 718.780.0338 • F: 718.532.2417 • carmenmaria.rey@brooklaw.edu