Is it becoming more difficult for Chinese people to obtain political asylum? Lawyer: Don’t wait for rejection to make up for it

Just because the political asylum application has been submitted and the work card has been obtained, does not mean that the application has been passed. TwoSugar going to visit soonAirport During the trip, he was detained by Immigration and Customs Enforcement (ICE) at Los Angeles International Airport. Both of them were from political asylum background. Immigration lawyer Hao Qi reminded that some applicants apply for asylum through an agency, thinking that getting a work permit is a success. They do not realize the problem of inadequate initial preparation until their application is rejected and they face deportation.

Hao Qi said that one of the Chinese women had lived in the United States for more than ten years, had no criminal record, and filed taxes every year, but her asylum application and appeal were rejected; The other party was married to a citizen and had applied for marriage.green card The application is still under review, and there is a record of the deportation order and asylum denial.

The outcomes of asylum cases have indeed changed. A report released a month ago by TRAC, a non-profit data research organization, showed that the asylum approval rate in immigration courts fell from 32% at the end of Biden’s term to 5.5% in June this year, and the rejection rate reached 94.1% that month. However, this aggregate data alone cannot be used to determine why a case was dismissed. TRAC explained that factors such as the type of case, whether anyone is detained, the presence of counsel, and policies will affect the outcome.

In addition to decision data, the procedures for determining asylum eligibility and processing have also been adjusted. The Justice Department reinstated stricter processing standards last September, making it more difficult for people applying for asylum based on domestic violence or other experiences to prove their eligibility. The rules, which took effect on July 28 this year, allow the Immigration Bureau to transfer cases to immigration court without first conducting an interview under certain conditions; The transfer itself is not equivalent to a final deportation order.

For applicants, even if they have obtained a work permit during the waiting period, it cannot be considered as asylum clearance. According to the Bureau of Citizenship and Immigration Services (USCIS), applicants can generally apply for a work permit 150 days after filing an asylum application, and it may not be approved until 180 days later. Some delay will affect the calculations. Therefore, a work permit may be issued before an asylum decision is made.

Hao Qi said that some people find intermediaries and hope to spend less money, just filling out forms, delivering documents, and obtaining work cards, but ignore the follow-up review. When she takes over some unsuccessful cases originally handled by an agency, she is often required to reorganize personal statements, gather evidence, and prepare for interviews. This is their experience in handling cases and cannot be considered as the failure rate of all arbitration cases.

“Each asylum case is different.” Hao Qi noted that he had handled cases in the past that were ultimately granted asylum based on his experience in family planning under China’s one-child policy. Whether a case can be successful must still be examined based on specific experience, legal basis and evidence, and cannot be judged from a brief statement of the reasons for the application alone.

He emphasized that case preparation is very important. In addition to sorting out the experiences of the parties involved, we must also understand the relevant background and policy changes, and gather as much evidence as possible to support the claims. He suggested that people who have submitted documents should ask a lawyer to review them as soon as possible to confirm whether they need to supplement the documents or take other measures, and not wait until they are rejected or detained.