4 Steps to Navigate Your Dismissed Asylum Case (Caso de Asilo Desestimado)

Introduction

Many individuals who are seeking asylum feel lost after their case is closed by a U.S. immigration court. This guide will outline the process for reapplication and the documentation required in order to assist individuals whose asylum application has been denied and whose immigration status has been affected. Importantly, this guide will also outline the steps and ways in which an individual can seek the assistance of an experienced immigration lawyer to assist with their asylum application as well as their status within the U.S. immigration system.

Understand the Asylum Process and Your Case Status

You just found out that your immigrant petition case was closed by USCIS as an immigration case closed by USCIS. Get control of your case now and find out what steps you can take next in your quest for lawful permanent resident status.

1. Check the Status of Your Immigrant Petition: You can check the status of your pending immigration application on the USCIS website at uscis.gov. You can also check the current dockets of individual Immigration Courts on the eoir.gov website. This will help you determine whether your terminated asylum application was dismissed with prejudice or not.
2. A razão da feitura do CASO DE ASILO DESESTIMADO? Foi por que? Nunca sabe o imigrante que faliu um simples ato de fazer um defensor para defender suas alegações - pois aplicou para salvoamento às mãos de um imigrante ré pro actually-Charged-of-immigration-removal-allegations.
3. Know Your Rights as a refugee applicant. Your termination of your asylum case will likely detail what you are able to do after your case has been closed, including the possibility of reapplying for asylum or even trying to reverse your termination of asylum of your case. We are available 24/7/365 to deal with an urgent immigration law matter. We are happy to service the English speaking immigrant as well as the Spanish speaking immigrant. We have sufficient staff to deal with a translation problem as needed.
4. Follow recent changes: Recent amendments in immigration laws are in full force. In some instances such amendments only apply to future cases, whereas others apply to all pending cases as of a date in the recent past (as of October 16, 2023, for example). It is heartening to note that numbers have been steadily increasing recently in terms of numbers of individuals that have been granted protection in the US. Importantly, however, application for protection can take years to reach a decision. There are currently significant backlogs with affirmative protection applications. The average time to decision for pending applications for protection is shown to the right. The bilingual staff at the Vasquez Law Firm are ready to assist in translation of required documents and otherwise.

After reading this guide to refugee rights, you will know more about your current situation and how to continue down the road that best suits you. At the Vasquez Law Firm, we have many clients that speak little to no English and we have a staff of bilingual staff members to assist with translation as needed.

Collect Necessary Documentation and Evidence for Your Defense

Reapplying for protection of status as a refugee requires re-gathering documentation and evidence for the asylum seeker’s application for refugee status.

1. Identify Required Documents: Find out which documents are required for your protection claim and start gathering them:

• Personal Identification: Copies of applicant’s and derivative’s (if any) passport(s), birth certificate(s), etc. (for each applicant listed on the Form I-589).
• Evidence of Persecution: i.e. police reports, medical reports from treatments suffered due to persecution and affidavits from family and friends and also experts in fields related to applicant’s experience of persecution.
• Country Conditions Reports: Gather reports regarding current country conditions from organizations like NGOs, UN reports, etc.

2. Organize Your Evidence: Be sure to create a file for all of the above mentioned documents to easily locate them when needed. Organizing all of your supporting documentation for asylum in advance will help to streamline the asylum application process and can help to alleviate stress and anxiety that is often associated with searching for relevant documentation when needed.

• Supporting Affidavits: Detailed declarations outlining your experiences and your fears. Supporting affidavits from your friends and family members or from experts in specific areas can also be useful in preparing your application for reevaluation.
• Supporting Affidavits: Get statements from your friends and family or from experts that can testify on your behalf.

3. Make Sure All Documents Are Presented: The application process for reapplication of protection is also plagued by a huge backlog of asylum cases. In order to avoid additional time delays and possible denial of your individual application for asylum, make sure that all required documents are presented to the relevant government agencies. Our skilled immigration lawyers have a 49% success rate with such cases as opposed to 18% if you were to apply individually for asylum. We would be happy to meet with you for free and assist you with all of the necessary documentation in both English and Spanish. We are available 24 hours a day, 7 days a week for any urgent immigration matters that require immediate attention and we have flexible payment plans in place to meet the financial needs of our clients.
4. Make Copies of the original documents that you send. This way you will have proof that you have sent the required documents and be able to trace them in case they get lost in the postal system. These copies can also be useful in case you need to present additional evidence at a subsequent hearing or interview in support of your application for asylum.
5. Time needed to complete refugee petition: To complete a refugee petition and collect all required documentation can take a skilled immigration lawyer up to 75 hours or more of time and effort. You should plan accordingly and allow lots of time to prepare the required documentation.

Your future is worth it! Contact the Vasquez Law Firm today to speak with an expert immigration lawyer to assist with the reapplication for protection. We have FREE virtual consultations via Zoom or even a FREE phone call. Let us do the work to help you gather and organize the necessary documents for your asylum application. Don’t let this prevent you from reaching your dreams in the U.S.

Seek Professional Legal Assistance for Your Asylum Case

If your case for asilo was recently denied in a caso de asilo desestimado and you need help with the rest of the refugee process, we can help. We can refer you to an appropriate professional to continue your case.

1. Find Immigration Lawyers: Start by searching for a good number of Immigration Lawyers. Use our free Immigration Lawyers Directory to find qualified attorneys practicing in your area. Many lawyers listed on this site specialize in Immigration Law and have plenty of experience dealing with refugees and other individuals seeking asylum.
2. Check Credentials: The attorney’s education, work experience and client reviews are crucial elements to consider when choosing the right lawyer to handle your caso de asilo desestimado. Make sure that the attorney has handled other asylum cases in the past. For example, Vasquez Law Firm has handled over 30,000 cases with a 98% success rate in a wide variety of legal matters and has been practicing immigration law since 1992.
3. Schedule a Consultation with Possible Immigration Attorneys: Most Immigration Attorneys offer free initial consultations to discuss your case and recommend possible ways to best represent you in your refugee and or immigration proceedings. The Vasquez Law Firm offers free initial consultations regarding all types of refugee and or immigration matters and can communicate with you in the English language and in the Spanish language.
4. What are their fees and payment terms? It is very important to us that we can afford to pay for the lawyer we choose to represent us in our asylum application and refugee status proceedings. Ask the lawyer about their usual and specific fees for services, and ask about any payment plans they offer. For example, the Vasquez Law Firm offers flexible payment options for immigration services, and works on a contingency fee basis for personal injury and workers’ compensation cases.
5. Communication: You need to be able to call your attorney and have your attorney return your call within 24 hours. You need to be able to ask questions. We answer all of your questions every step of the way so that you can know exactly what’s going on.

Finding an attorney to represent you through the refugee process can be the difference between being granted asylum and not. Statistics show that individuals seeking asylum with legal representation have a better chance of being granted asylum than those who do not. In fact, many detained asylum seekers never even complete their applications for asylum because they do not have an attorney to represent them. The current state of the U.S. immigration system is at a historic high of 3,287,058 cases currently pending as of the end of December 2023. It would be wise to seek the advice of an immigration attorney as soon as possible. At the Vasquez Law Firm, we are available 24 hours a day, 7 days a week for urgent immigration matters.

Prepare for Hearings and Interviews Effectively

For many individuals and their families awaiting a decision for their immigration application, a hearing can evoke much fear and anxiety. However, in preparation for the hearing, there are several steps that an individual can take to better prepare himself or herself for the proceedings and to alleviate much of the fear of the unknown.

1. Be informed about the proceedings: Knowing what kind of questions are usually asked in similar situations will ease your anxiety. Being prepared for your hearing will show that you are serious about your case and are willing to do whatever it takes to present your application in the best possible way.
2. Practice Your Testimony: Go through as many questions as possible and prepare answers in relation to your asylum, immigration, or other relief application. This will make you a very powerful witness and help ensure approval of your case.
3. Bring Documents: List out all documents that will be needed for the hearing or interview. This includes completed forms for applications for immigration, evidence that will support claims made in the application, and identification documents. Make sure all documents and corresponding information are organized and ready to present.
4. Dress Appropriately: It is very important that you dress properly for your immigration hearing. This shows that you are serious about your immigration case and that you are seeking refuge for legitimate reasons and that you respect the process.
5. Stay Calm and Composed: When going through the hearing or interview take deep breaths. Keep calm and listen to the questions and respond accordingly. Make sure to take time to fully answer the questions so you can make sure you are effectively conveying your experiences and circumstances.
6. Bring Support: Bring a friend or family member that you trust to immigration hearings and other parts of your application process. Having the people you love there to support you through this process can make it even easier for you to handle the process through to the interview.

With proper preparation for your hearing you can secure your future. Read Immigrantconnect.org’s interview with Allen Schwartz, a former USCIS Asylum Officer, for some helpful advice on how to manage your nerves and project credibility in your asylum interview.

Conclusion

While your asylum case is pending with the immigration court it could always get dismissed. Get current on your case, gather necessary documents to practice your case and prepare for your hearings with the assistance of an experienced asylum attorney.

Remember your rights. We can help you gather documentation needed to prepare for your hearing. Have you found an attorney for your asylum case yet? We can assist you with your asylum case in Spanish. We offer free initial consultations and creative payment plans.

Getting help with your asylum case is a step in the journey to hope and to a better future for you and your family. Getting help with your asylum case can make a big difference in your case and can help get you to a safe and stable future with your loved ones.

Frequently Asked Questions

What should I do if my immigrant petition case was closed by USCIS?

You should check the status of your immigrant petition on the USCIS website at uscis.gov and review the current dockets of individual Immigration Courts on eoir.gov to determine if your terminated asylum application was dismissed with prejudice.

Why might my asylum case have been dismissed?

Your asylum case may have been dismissed due to a failure to present a defense or other procedural issues. It's important to understand the reasons for the dismissal as outlined in the termination notice.

What are my rights as a refugee applicant after my asylum case is closed?

The termination notice will detail your rights, including the possibility of reapplying for asylum or attempting to reverse the termination of your case.

How can I get assistance with my immigration case?

The Vasquez Law Firm offers 24/7 assistance for urgent immigration matters and provides bilingual services in English and Spanish to help with translation and communication.

Are there recent changes in immigration laws that I should be aware of?

Yes, recent amendments in immigration laws are in effect, with some applying to future cases and others to all pending cases as of specific dates, such as October 16, 2023. It's important to stay informed about these changes as they may affect your case.

How long does it typically take to receive a decision on an application for protection?

The application for protection can take years to reach a decision, and there are currently significant backlogs with affirmative protection applications.

What resources does the Vasquez Law Firm provide for clients who speak little to no English?

The Vasquez Law Firm has a bilingual staff ready to assist with translation of required documents and provide support throughout the immigration process.

List of Sources

1. Understand the Asylum Process and Your Case Status
   • Asylum in the United States - American Immigration Council (https://americanimmigrationcouncil.org/fact-sheet/asylum-united-states)
   • USCIS Announces Rule Change to Asylum System to Reduce Backlog | USCIS (https://uscis.gov/newsroom/news-releases/uscis-announces-rule-change-to-asylum-system-to-reduce-backlog)
   • USCIS Issues New Instructions for Filing Asylum Applications with USCIS After EOIR Dismissal or Termination of Removal Proceedings | USCIS (https://uscis.gov/newsroom/alerts/uscis-issues-new-instructions-for-filing-asylum-applications-with-uscis-after-eoir-dismissal-or)
   • How are laws changing for asylum seekers? (https://asaptogether.org/en/law-changes)
   • USCIS Provides Updated Guidelines for Asylum Applications After EOIR Dismissal or Termination of Removal Proceedings | Yasrebi Law (https://yasrebilaw.com/blog/uscis-provides-updated-guidelines-for-asylum-applications-after-eoir-dismissal-or-termination-of-removal-proceedings)
2. Collect Necessary Documentation and Evidence for Your Defense
   • Immigrants seeking asylum face dim hopes in Carolina court (https://carolinapublicpress.org/26055/immigrants-seeking-asylum-face-dim-hopes-in-carolina-court)
   • What Evidence Is Needed to Win an Asylum Case? (https://herhuskylawoffice.com/what-evidence-is-needed-to-win-an-asylum-case)
   • Explainer: Asylum Backlogs - National Immigration Forum (https://forumtogether.org/article/explainer-asylum-backlogs)
   • New USCIS Asylum Interview Rule Could Speed Up Deportations of Asylum Seekers - American Immigration Council (https://americanimmigrationcouncil.org/blog/new-uscis-asylum-interview-rule)
   • Asylum Process in Immigration Courts and Selected Trends (https://congress.gov/crs-product/R47504)
3. Seek Professional Legal Assistance for Your Asylum Case
   • Asylum Cases Statistics in the US | Jeelani Law Firm, PLC (https://jeelani-law.com/articles/asylum-cases-statistics)
   • Too Few Immigration Attorneys: Average Representation Rates Fall from 65% To 30% (https://tracreports.org/reports/736)
   • Phony Immigration Attorney Who Filed Hundreds of Fraudulent Asylum Applications Sentenced to More Than 20 Years in Federal Prison | USCIS (https://uscis.gov/archive/phony-immigration-attorney-who-filed-hundreds-of-fraudulent-asylum-applications-sentenced-to-more)
4. Prepare for Hearings and Interviews Effectively
   • New USCIS Asylum Interview Rule Could Speed Up Deportations of Asylum Seekers - American Immigration Council (https://americanimmigrationcouncil.org/blog/new-uscis-asylum-interview-rule)
   • How are laws changing for asylum seekers? (https://asaptogether.org/en/law-changes)
   • Prepare For Asylum Interview with a Former USCIS Asylum Officer | Jeelani Law Firm, PLC (https://jeelani-law.com/articles/prepare-for-asylum-interview-with-a-former-uscis-asylum-officer)
   • Asylum Interview 2026: How to Prepare for Your Credible Fear Interview (https://lawofficeimmigration.com/blog/asylum-interview-preparation.html)
   • Understanding the Asylum Interview Process and How to Prepare (https://espinozalawgroup.com/blog/understanding-the-asylum-interview-process-and-how-to-prepare)