Just got a notice of intent to deny on my asylum application, what are the chances still getting an approval?

Nothing "guarantees" success, but you definitely should hire an experienced immigration attorney immediately. Please click the link below for additional information. --------- Carl Shusterman, Esq. Former INS Trial Attorney (1976-82) Board Certified Immigration Attorney (1986 - Present) Subscribe to our Free Immigration Newsletter 600 Wilshire Blvd., Suite 1550 Los Angeles, CA 90017 (213) 394-4554 x0 Web: www.shusterman.com (English) www.inmigracion-abogado.com (Spanish)

Thanks for your inquiry. This is one of those questions that we get all of the time and the answer is, no attorney who is half way competent will guarantee anything to you other than the attorney will do his/her best to handle the work that the attorney is hired to do. We do not make decisions in cases and we do not have the authority to tell an officer, an Immigration Judge or anyone with the authority to make a decision to make the decision that you would like to have entered in your case. Rather, our job as your advocate is to assist the decision maker to get to the response that we would like them to have. Attorneys do not make the decisions, they work to persuade the decision maker that the decision which a client would like is the correct decision to be made through the application of applicable guidance. Having listened to many clients tell me many stories about many attorneys, I am always amazed at why clients believe that I am in a position to guarantee anything regarding the outcome in the case. I am hired to assist the decision maker to make what I believe is a decision which is in my client's best interest. But I am not hired to obtain a particular decision in a case such that I can tell a client with any sense of certainty exactly what the outcome is going to be in a case. Sounds like there are some issues in your case with regards to credibility. You indicate that your interview did not go all that well because you were nervous. Credibility is the most important part of any application for any immigration benefit. It does not matter how good your story is regarding why you believe that you would be harmed if you were to return to Belarus if the Asylum Officer does not believe that your story is the real thing. Belarus is one of those countries where the current country conditions are such that applications for asylum are someone easy to make out. In other words, there are severe limitations on the freedoms that we have here in the US and those that speak out against the Lukashenko government are very frequently punished in a way which is part and parcel of the protections which the US asylum laws are there to provide. And your story provides some of the basics which would suggest a decent application. But if you are not prepared to explain your case in a way which an Asylum Officer understands as being objectively reasonable in light of current country conditions, you will not find success with your case. And if you cannot provide an internally consistent recollection of the events which form the basis of your claim, the Asylum Officer will have an issue with believing that your story is believable. Asylum applications are won and lost on the ability of the applicant to recite his story and to inform the Asylum Officer why the applicant cannot return to his native country (or country of last habitual residence) on account of one of the five enumerated grounds. The conditions in the target country can be horrible, just like they are in Belarus, and if the applicant cannot tell his story in a way where the officer walks away believing the claim that application is doomed to fail. Rather than looking for someone who is going to promise you something that cannot be promised, find an attorney who will spend the time reviewing your application, reviewing the details of the notice of intent to deny (NOID) and who can provide a detailed response to the NOID. Truth is that if there are major credibility concerns with the application which have resulted in the NOID, it is going to take a whole heck of a lot to undo those credibility issues. Any potential applicant for asylum reading this response should seriously consider hiring an attorney BEFORE going to an interview and not being prepared to recount the asylum claim. Do it right from the beginning and consult with someone who can advise you correctly. Find the right attorney, draft a good response and hope for the best. Good luck.

This is the best example (and a valuable lesson) that one cannot think to be "so smart" as not to need the expert guidance of an attorney during an asylum claim.. I am eminently familiar about Russian speaking clients' quasi-obsession with "guarantee" on legal work. Snap out of it. There is no such thing here in the West. No lawyer can "guarantee" you a favorable outcome to your case (and whoever will, is simply lying to you..) , given that we lawyers are not the ones making the decision. Once we submit or present a case, the "ball is in the other court" (the government's) . What a competent asylum lawyer can do for you, however, even at this juncture, is to perhaps still win and reverse the Notice of Intent to Deny, and if that fails (and if you truly have a meritorious claim) win your asylum case in the immigration court to which you case will be "referred" in case the Notice of Intent To Deny will not be reversed. A good lawyer will always be able to explain why you were "all over the place" and often contradicted your testimony during the asylum office interview. Perhaps I myself can help you: my law partner is a highly, highly experienced Russian speaking asylum law litigator and as luck will have it, we'll be in Chicago for 3 days (Tue, Wed, Thu) next week to appear at immigration and meet with clients there. We can have a consultation with you in downtown Chicago. Call our office ASAP to set up an appointment.

At the asylum office, no. But at the immigration court your chances are nearly 50%. Yes, get a lawyer.

If any lawyer gives you a guarantee then you should find one who is being more ethical and honest with you. If a lawyer is willing to say or do anything to get your business then how do you know anything he is telling you is truthful? What you should ask an attorney before you hire him is, have you done this before? What are the problems you foresee with my case? How do you plan on getting me past those problems? Can I speak to a former client of yours that you have done this type of work before? And to answer you question, based on what you are saying - you should be able to succeed at an asylum case but I am making some assumptions here because I do not know the full details. Best, Khaja M. Din, Esq. Free Consultation For Your Immigration & Deportation Issues www.dinmemmen.com Khaja Din is an immigration attorney specializing in deportation defense and the immigration consequences of criminal conduct. He has offices in Chicago, IL and Madison, WI. Din | Memmen, Inc. Chicago Office 4518 North Kedzie Avenue Chicago, IL 60625 P.312.878.2357 F.312.794.1813