Last week, we met with a client who wanted to appeal an Immigration Judge’s denial
of their asylum. They hired us for the appeal, but they initially needed to bring all their
documents, and we got their records three days before the deadline.
I reviewed their documents; they didn’t have a trial. They accepted voluntary
departure. That means they chose to abandon their asylum claim and pay the costs
to return to Brazil. They also waived their right to appeal. More importantly, if they
now challenge that decision, their voluntary departure will automatically become an
order of removal. If the Judge denies their motion, they will be deported. They didn’t
know any of this.
We dug further. The asylum application and affidavit only had basic information
without any corroborating evidence. The prior attorney didn’t explain the process to
them and didn’t ask them for any proof. They now had to fix everything in a short
period. But their case now got harder. Not only did they have to prove they were
entitled to asylum they had to explain that either:
1.The Judge made a mistake in the instructions when giving them voluntary
departure, we had 3 days for the motion to reconsider, or
2.Their attorney gave them ineffective assistance, and we had 63 days to prepare
the motion to reopen.
The first option wasn’t realistically possible in three days. Blaming your attorney, even
if accurate, is complex and adds an unnecessary complication. They chose to do
neither and opted to leave the U.S. They had options and a viable case for asylum but
needed the right advice. Who you work with and how your claim gets prepared
matters.
If you know someone in immigration proceedings, ensure they get the right help.
Don’t let them make the same mistake as this couple.
Andres “Your Attorney” Mejer
P.S. If you want to work with me…. here are three ways we can help:
- Get a copy of my book “Do You Qualify For U.S. Legal Status?.” You’ll discover the 9 principal paths to your Green Card, including U-visa and VAWA. Go here
- Go here Watch our videos. Go into depth about the principal paths to get your Green Card through U-visa or VAWA. Subscribe to our Youtube Channel here and follow our Facebook page to get our weekly content.
- Work with the team one-on-one. If you are ready to start your Green Card journey, you can call 732-962-6233 or go here to schedule a meeting directly with our team.
