My friend and office mate Sheryl Winarick is an immigration attorney, advocate and entrepreneur based in Washington, DC and Austin, TX. Before starting her own immigration law practice in 2007, she spent eight years working for national non-profit organizations–Catholic Legal Immigration Network and the Justice For Our Neighbors program of the United Methodist Committee on Relief. She is currently in Residence at the TED office in New York and serves on HIAS’ Public Policy Committee. Here, she writes about her experience as an attorney-volunteer assisting refugee women and children at the Southern border:
Stories of the European refugee crisis continue to flood the headlines, but mass media seems to forget we have a refugee crisis in America, too. Since the beginning of fiscal year 2014, over 120,000 unaccompanied children and an additional 120,000 people in family units–mostly young mothers with children–have arrived at the U.S. border seeking protection from violence in Central America.
In March, I spent a week volunteering for the Refugee and Immigrant Center for Education and Legal Services (RAICES)–one of several partner organizations that comprise the CARA Pro Bono Project. I was assigned to represent women and children before the immigration court in San Antonio, Texas. Karnes County Residential Center, operated by the U.S. Department of Homeland Security, houses these refugees in harsh conditions while they wait for a judge to determine their fate. Their stories are tragic, as is the reality that most of these desperate human beings do not qualify for protection under U.S. law, despite the well-documented probability that they will face severe violence and harm if they are returned to their countries of origin.
General violence, extortion, corruption and impunity are endemic in countries like Honduras and El Salvador. However, in order to qualify for political asylum, an applicant must demonstrate that the persecution or harm she fears is targeted against her specifically “on account of” her race, religion, nationality, political opinion, or membership in a particular social group (PSG). Usually, PSG is the only hope, and eligibility hinges on a combination of the facts unique to each case, access to representation, and the appointed judge’s interpretation of PSG (which is not strictly defined).
As I sat in the courtroom while my clients spoke to a judge via video conference from the Karnes detention center, I imagined how they must feel and the thoughts that might race through their minds. Karnes is about 60 miles southeast of the court in San Antonio, so it made more sense for other RAICES volunteers to prepare them for court. That means they had never met me in person, and here I was representing them in what could be the most important hearing of their life.
How could they comprehend who I am, why I am there, and how I could know best what to say to the judge? Imagine, these desperate women, completely dependent on the help of strangers speaking a strange language in a strange land. They don’t understand our legal system, and how can they possibly trust institutions of justice here in the U.S. when parallel institutions in their own countries are so corrupt? To make matters worse, the first thing we do to them (and their 3, 4, 5-year-old kids) is lock them up in detention facilities. The only truth they know is that they had no choice but to leave home if they wanted to live and to give their children a fair shot at life.
There are no easy answers. My hope is for our elected officials and for individuals like you and me to confront our collective reality with courage and compassion. People all over the world are wrestling with these very real issues daily; some of us from the comfort of our homes and others from jail cells in unfamiliar places. We must seek solutions for those in need and fight for rights and dignity for all people.
For a minute, close your eyes and imagine if this was your story, simply to be born into a hostile environment. Say a prayer for those in need, definitely give thanks for the freedom and relative comforts you enjoy, and do whatever you can to make a positive impact in this world we share.
This article originally appeared on the HIAS website.
Generous refugee policy isn rsquo;t just a way to feel better. It rsquo;s a way for America to maintain its leadership in a dangerous world.
Hello Jason,
I have received an intent to denial (NOID) today for my case, and in the notice I was asked to provide more evidence within 16 days period in order to get the final decision. I very disappointed and frustrated as to what might be the final outcome of my case even after sending the additional documents. My question is, What are my options if my case got the final denial? will I be able to proceed through court or appeal? knowing that I’m already on TPS status, would that also affect my chances to appeal my case?
Thank you and I really hope you can help me out with some answers on this,
John
Maybe you can still win your case – if you can respond to the NOID and satisfy their concerns. We have won in about 50% of the NOID cases we did, so it is possible. If the case is denied, it sounds like you will not go to a judge; you will just continue in the US in your current status. When that status expires, you can file for asylum again (though the filing procedure is a bit different for a second application), and the case will – eventually – be denied (unless there are changed circumstances, in which case maybe it would be granted). After it is denied, and assuming you are out of status, then you will go to a judge where you can present the case again and try to win. Unfortunately, for people who lose their case and who are in status, there is no good solution. Of course, you can also look for an alternative route to remain in the US. You may want to talk to a lawyer about all this; maybe the lawyer can advise you based on your specific situation, or maybe the lawyer can even help you answer the NOID and get approved. Good luck, Jason
Thank you very much for you quick reply. I will definitely talk to a lawyer, but at least I know what are my options now. Since I have filed my case without a lawyer previously, Do you know or recommend any law firm/lawyer in Chicago that can help me out in this?
Thanks
Sorry, I do not have a lawyer to recommend there. Take care, Jason
I wasn’t sure, but does your firm work on cases like mine remotely? I’m in Chicago, and I was wondering if you/the firm can handle my case?
We do, though it is often more convenient to find a local lawyer. If you cannot find someone and want to talk, let me know. Take care, Jason
Hi, thank you for all your help.
I feel so ashamed of myself to ask this here so please forgive me.
i have this situation i came to the us and applied for asylum.
( LGBT ), when i was back home i know someone whom i really loved and wish to be with, we got lost than i found him Online so we talked and we are planing to get married but now that am here and he on the other side of the world can i add him to my case as my husband, if so what do i need to provide papers to show that we are married as such a thing back home is prohibited can you please help me. Thank you so much
This situation is a problem under US immigration law. You have to legally marry him in order to bring him to the US if you win your case, but you cannot do that most places in the world. It seems to me, you have two choices – he can try to get a visa to the US and you can marry here, or you can meet in a third country where such marriages are legal. Good luck, Jason
Hi Jason. Thanks for your great work for asylum seekers. I’m medical dr from Pakistan also worked as executive in a nonprofit for 8 yrs. i had to flee with my wife in emergency due to religious persecution. we applied for asylum on 11/17/2015. i got interview at Chicago asylum office on 5/2/2016 after that we did not receive decision till now.
With help of some of our friends we incorporated a 501(c)(3) nonprofit and approved on 02/18/2016 under the same name as of Pakistan.
on 7/27/2016 i recieved our EAD.
My question is:
1) can we apply for other type of immigrant visa like EB1-C (Multinational Executives or Managers) as we both are executives in both Countries (USA & Pakistan).
2) If yes, will both type of visas affect each other ?
Thanks in advance for your reply.
1 – You can apply, but if you get it, you might need to leave the US to actually collect the visa, and this could be a problem depending on your situation; 2 – asylum and an EB1 visa are compatible, in that you can do both – if you are eligible. You should talk to a lawyer about the specifics of your situation before you start the EB1 process. Take care, Jason
Hi Jason
If the request of expedite interview approves, Does it minimize the chances of approval in interview ? If IO thinks applicant is impatient other than the given reason.
Thnx in advance.
The expedite should have no effect on the results of the interview. Of the cases I have worked on, I have not seen any negative effect of expedite requests, though I do think the asylum officer know that the case has been expedited. Take care, Jason
Hi Jason. Thanks for your great work for asylum seekers. I’m medical dr from Pakistan also worked as executive in a nonprofit for 8 yrs. i had to flee with my wife in emergency due to religious persecution. we applied for asylum on 11/17/2015. i got interview at Chicago asylum office on 5/2/2016 after that we did not receive decision till now.
With help of some of our friends we incorporated a 501(c)(3) nonprofit and approved on 02/18/2016 under the same name as of Pakistan.
on 7/27/2016 i recieved our EAD.
My question is:
1) can we apply for other type of immigrant visa like EB1-C (Multinational Executives or Managers) as we both are executives in both Countries (USA & Pakistan) although our asylum application is pending?
2) If yes, will both type of visas affect each other ?
Thanks in advance for your reply.
Potentially you can qualify for other types of visas, but most likely, you would need to leave the US and re-enter in order to actually get the visa. This may or may not be possible, depending on your situation. You would need an attorney to assist you with that, and I suggest you talk to a lawyer to evaluate whether you can do it before you begin the process. Take care, Jason
Hi Jason,
How is it possible that they applied Nov15 and got interview whereas Chicago Office is interviewing oct13 cases.
Thanks for the reply sir.
I am not sure who you are referring to, sorry, Jason
I was wondering the same. The person that wrote in the previous comment soomro
Yes Sir we are referring to Mr. Soomro he said they applied in Nov-2015 and got interview even though asylum offices have changed last in first out policy since Dec14.
I do not know how that happened – maybe he asked to expedite the case, or maybe he is a minor child (minor children get priority). It’s a good question. Take care, Jason
Dear jason
I got a recommended approval and am thinking to visit a thierd country to meet my wife And ny children and mother what i need to go and come back ??!! Is it advance parole ? How can i apply for it ,? Or can i apply it through your office if u can send me your office contact number , i live in portland ( Oregon )
It is probably better to do it on your own, using form I-131, available at http://www.uscis.gov (we can do it, but we would charge for it). You have to give a “humanitarian” reason for the travel. Maybe that could be that your family is missing you, but if someone is sick and you can get a letter from the doctor about it, then you should have an easier time being approved. Take care, Jason
Good evening Jason, uscis approved my request to expedite my case. They sent an approval letter for case expedite on 23,July 2016. But they haven’t scheduled an interview yet. How long does it take to schedule an interview after they approved expedite application? I am also from your area means Arlington .
Congratulations If I may ask when did you apply for asylum and did it took for them to give you a really expedite your case thank you
Hi Jack! Hope and wish you to get final case approval!
Tell us , please, what was your reason for expedition? (i apologize in advance for curiosity, but sharing information is the only way to help each other). Thank you.
Thanks Lover us . I applied asylum in November 2014.. My health problem was the reason that I asked them to expedite my case. They approved my expedite request after 4 months.
I do not know. We are also waiting for someone who was approved in mid-July. My understanding is that they will scheduled you when they have an opening, and I would think that normally would only take a few weeks. It is summer, though, and so things move a bit slower, but even so, I expect it will be in the next several weeks. Take care, Jason
Now one month gone since my case is expedited but nothing is heard from uscis about my interview. By the way Jason is your Client interview scheduled? As you told his case was also expedited on mid July. Just asking you that to figure out how long I have to wait
This seems typical. My client has not yet been interviewed, but I do expect that even expedited cases are not moving all that quickly. Hopefully, you will get an interview soon. Good luck, Jason
Hello Jason. What are the states that allow asylum seekers to receive General Public assistance(Food, rent,…). I was told in Portland Maine asylum seeker can get the assistance. Is is just Maine ? Thank you.
I have no idea, sorry. You would have to check with each state, and I do not know of a single source where you can do that. If you find one, please let us know. Take care, Jason
Thank you again Mr. Jason I want to ask have I received a recommendation approving a month ago, is there a specific time in order to contact the USCIS and ask them about the final Approval ???
I tried many time to check my stauts on line by typing my recipt number but there is no answer !!!!
Thanks for your concern
You cannot check your asylum status on-line. There is no time limit between a recommended approval and a final approval. It can be very fast or (unfortunately) it can take several years. It is probably not helpful, but you can contact the local asylum office or the USCIS Ombudsman ( link is at right). Take care, Jason
This is an excellent piece giving valuable insight to the real life problems before us. Having said that, the fact is that the overwhelming majority of those discussed are purely economic refugees. If we are being honest, this means an “economic need” category being added to the definition of “refugee”. If we think our genuinely persecuted clients have to wait a long time NOW for due process, just wait until we start extending status to every economically needy person in the world. I’ve represented refugees for almost 15 years, and my personal opinion is that it is a grave disservice to legitimately persecuted persons to lump them with those seeking almost exclusively economic benefits. Again, I have complete respect for Ms. Winarick’s work and dedication.
Most of the Central Americans I have spoken to express of a fear of harm, and so I am not convinced that most of them are coming for purely economic reasons. That said, they generally do not fall into the traditional protected categories, and so the harm they fear usually does not easily qualify them for asylum. I would like to see Congressional action to make a decision about how to treat these applicants – I think we as a country need to have a discussion and make a decision about how to respond to the crisis. I am not all that optimistic that we would collectively reach the decision that I favor (protecting people who face harm), but I think this should be decided democratically. Thank you for the comment, Jason (PS: I took the liberty of combining your two posts since it looked like you accidently hit the enter key in the middle)