Immigration Information
Limited Scope / Asylum FAQ’s
You want to win asylum protection in the United States. You need to get a work permit fast. You present a plan for what the immigration court calls relief. You will have complied with the one-year filing deadline.
It doesn’t; it only gets an asylum case started. But it gets started in a number of key ways: the I-589 application is filed within the one-year deadline, it’s a high quality document that will serve as a foundation for a winning case, and it will help the applicant to qualify for a work permit as soon as possible after the 6 month waiting period. You can move ahead to other phases of your asylum case when you can better afford it.
Limited scope representation has been prohibited by the regulations governing immigration lawyers and their practice within the Immigration Court. In November of 2022, the rules in Immigration Iourts changedand private attorneys were allowed to offer limited scope legal services.
First, we meet with you in order to help you tell your story and file Form I-589. Second, we obtain the evidence needed to prove your case, including your sworn statement. Third, we help you obtain any witnesses and prepare for the Immigration Court trial or Asylum Officer interview. Fourth, we enter our formal Immigration Court appearance and present your case before the Immigration Judge.
Access 61 will be able to help you with the next steps of your case, but you will need to retain us again. If you decide you want to hire a traditional attorney at any step of the process, we will be happy to provide you with a referral.
Statistically speaking, its quite difficult. Legal representation increases your odds of winning by a large margin. We recommend hiring a lawyer for all four phases of your asylum case. This guide can help you understand how we approach cases and win them.
Unfortunately we do not.
Understanding the U.S. Asylum Process
The U.S. asylum process offers protection to foreign nationals who are in the U.S. or at the border and cannot return to their country due to persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The process can be complex, but understanding its key components, including affirmative and defensive asylum, the importance of Form I-589, and the one-year filing deadline, can provide clarity.
Affirmative vs. Defensive Asylum
The U.S. asylum process is bifurcated into two primary types: affirmative and defensive asylum, each with distinct pathways and procedures.
Affirmative Asylum
This process is for individuals who are not in removal proceedings. To seek affirmative asylum, one must be physically present in the U.S. and apply regardless of how they arrived in the country or their current immigration status. The process involves filing an application with U.S. Citizenship and Immigration Services (USCIS), attending an interview with an asylum officer, and awaiting a decision. If the application is not approved and the applicant does not have a legal status in the U.S., they may be referred to immigration court to continue their asylum request through the defensive process.
Defensive Asylum
This process occurs in Immigration Court, when an individual who is in removal proceedings requests asylum as a defense against removal from the U.S. Defensive asylum applications are filed by individuals who are placed in removal proceedings after they were apprehended (either at the border or in the U.S. interior) without proper legal status or because they violated the terms of a lawful status. In this scenario, an Immigration Judge decides the asylum claim, and the process is adversarial, involving a prosecutor from the U.S. Department of Homeland Security (DHS) who argues for the individual’s removal.
Form I-589, Application for Asylum and for Withholding of Removal
The starting point for both affirmative and defensive asylum applications is Form I-589. This form is critical as it officially requests asylum, withholding of removal, or protection under the Convention Against Torture. Applicants must provide detailed information about themselves, their family, their background, and the reasons for their asylum claim, including the persecution they already have faced or fear they will face if forced to return to their home country.
The One-Year Filing Deadline
A pivotal aspect of the asylum process is the one-year filing deadline. Generally, asylum seekers must apply for asylum within one year of their arrival in the U.S. Failing to meet this deadline can result in the denial of the asylum application, barring proof of certain exceptions for extraordinary circumstances or changed circumstances.
Conclusion
Navigating the U.S. asylum process can be daunting, but understanding its basic elements is the first step toward seeking protection. Whether through affirmative or defensive asylum, it is;crucial to properly complete and submit Form I-589, being mindful of the one-year filing deadline.
Limited Scope Representation History
Limited scope representation allows immigration practitioners to assist clients with specific aspects of their immigration cases rather than representing them for the entire process.
EOIR Forms 60 and 61 are the core documents governing limited scope representation:
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Form EOIR-60
(Notice of Entry of Limited Appearance for Document Assistance Before the Board of Immigration Appeals) should be used in cases before the Board of Immigration Appeals (BIA). -
Form EOIR-61
(Notice of Entry of Limited Appearance for Document Assistance Before the Immigration Court) should be used in cases before the immigration court.
Limited scope representation is designed to support people who are representing themselves in immigration court. Due to the regulatory change, lawyers can now prepare written filings to aid these self-represented (or pro se) immigrants. This form of representation can include every aspect of an immigration case from initial motions like motions to dismiss, motions for a continuance, and motions for a change of venue, to written documents – that address the most critical aspects of the case such as evidentiary filings and legal briefs and appeals.
The flexibility of limited scope representation creates exciting new opportunities for clients and lawyers alike. That’s why Access 61 was created. We provide low cost, high quality, effective legal services that allow us to assist more clients, and tackle – the rapidly increasing backlog in Immigration Court. This approach can be extrapolated when combined with recent technological advancements. That’s why we believe our solution can help millions of immigrants achieve their dreams.