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Results 1 to 4 of 4

Thread: Asylees/anybody, I need advice from your experience please!

  1. #1
    My brother has been granted on 31st oct 2003 but did not get original decision from the IJ, The IJ said the original stays in ROP. He cant apply for SS (unrestricted) since he needs either Original Decision for IJ, I-94 stamped "Asylee". He does not get that either. Now a company offer him a job but cant do anything about it. He wanted to apply for EAD but some friends told him that EAD is not needed since he is an asylee now and also it takes 90 days or more.I have been trying to help him since he does not know about computer. Please anyone help or let us know what / when will he received I-94 again cuz I only know that I-94 is issued at the port of entry. Mohan, Sammy, Umesh, Asylee if you have time please respond,
    thank you so much

  2. #2
    My brother has been granted on 31st oct 2003 but did not get original decision from the IJ, The IJ said the original stays in ROP. He cant apply for SS (unrestricted) since he needs either Original Decision for IJ, I-94 stamped "Asylee". He does not get that either. Now a company offer him a job but cant do anything about it. He wanted to apply for EAD but some friends told him that EAD is not needed since he is an asylee now and also it takes 90 days or more.I have been trying to help him since he does not know about computer. Please anyone help or let us know what / when will he received I-94 again cuz I only know that I-94 is issued at the port of entry. Mohan, Sammy, Umesh, Asylee if you have time please respond,
    thank you so much

  3. #3
    Danny:

    When your brother was granted asylum by the IJ, he was given a copy of the form captioned:"Order of the Immigration Judge" (with the 4th box checked and the box before "granted" checked) All he needs is THAT copy of the form. What will not be accepted is a copy of THAT copy. Hope I have not confused you.

    Okie Celt

  4. #4
    Thanks for your reply okie, finally.
    All he got is a copy of the written decision which does not have a colored seal of US Dept. of justice or the embossed seal like any other government document. The copy was handed to his lawyer after being asked. When asked again about the original decision, The immigration clerk wrote "The original decision stays in ROP" (Record of proceeding). I do not know whether only this judge practices this way, or the system has changed now.
    This were what happened :
    1. Asylum interview - was rejected by INS officer so the case was reffered to the IJ (nov 2001)
    2. After 3 continuation he went to the individual hearing on Oct 29 '03 (the case was in removal proceeding)
    3. Like usual his lawyer brought some arguments, witness, doctors and expert's testimony
    4. Then the government's attorney made some cross examination to the witness, doctors and expert.
    5. The judge asking the government position towards the case
    6. The government opposed it
    7. The IJ needed some time before entering her ruling, she will sent the decision before feb 12 '04.
    8. On nov 1st, my brother checked the 1-800 number, found out that the IJ granted his case. (not knowing whether it was asylum or witholding of removal)
    9. My brother contact his lawyer to find out, but could not. His lawyer called the IJ's clerk to find out, at that time the clerk said that the written Decision was sent to my lawyer's office on monday nov 3rd 03. (The lawyer never received it)
    10. My brother waited for 2 weeks but no news about the written decision, so he asked his lawyer to ask the IJ clerk. The IJ's clerk sent the copy of the written decision with the clerk's signature on a piece of paper stating that attached is the copy of the written decision from the IJ and granted asylum. cc : DHS attorney .... His lawyer sent the paper to my brother and keep a copy for his office.
    11. My brother waited until 31 days just in case the government attorney appeal the decision. In the mean time kept bothering his lawyer about getting the original written decision. His lawyer forwarded all his email corespondings with the IJ's clerk (to me).
    The IJ's clerk wrote :" To my knowledge this copy is sufficient"
    His lawyer replied :" according to all the cases that I handled, each evryone of my clients received originals not copy "
    IJ's clerk wrote :" The originals stays in ROP" (Record of Proceeding)
    12. My brother went to the SSA office to request an SSN, not successful. He was asked to get an I-94 stamped "ASYLEE".

    To my knowledge I-94 is issued at the port of entry. His I-94 is the same like mine F1 visa. I have been searching for help how to apply or to get another I-94 but no luck. I called the INS office but they said my brother will not get another I-94 but suggested to apply for EAD, which take approximately 90days or more. The problem is he has to work because he got wife and kid to support, and I dont want him to work without paying tax. I helped him apply EAD 2 days ago though. I just dont know what else I can do to help. Poor him, got his status back but unable to use it. Any advice appreciated.

    Thanks so much for replying

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