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Guillermo J. Senmartin, Esq.
Guillermo J. Senmartin, Esq., Immigration Lawyer
Category: Immigration Law
Satisfied Customers: 108323
Experience:  10+ years of experience in various aspects of U.S. Immigration Law.
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Guillermo, Thank you help. I gave you a positive rating.

Customer Question

Guillermo, Thank you for your help. I gave you a positive rating. although, i am still confused. the link from that immigration justice manual contained a chart on page 24, which noted that even for a defensive application, unaccompanied children must file their asylum with USCIS. Does this mean I need to send asylum to both court and USCIS? Also, if I file the asylum with only the court, when I have not yet had a master, will it be considered 'lodged not filed?' If that's the case, does that mean it will not be considered filed for the purposes of meeting the 1 year deadline. Thanks again.
Submitted: 2 years ago.
Category: Immigration Law
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.

Thank you for the positive rating and requesting me by name. Please reread the bottom of page 37 and the top of page 38 in this link:

http://immigrantjustice.org/sites/immigrantjustice.org/files/NIJC%20Asylum%20Manual_11%202014%20final.pdf

It clearly says that an additional step must be taken to make sure it is considered "filed". Lodged is not filed. So take that additional step to make sure it is considered filed.

As far as the children, if they are already in the U.S. and will be separate from the parent's Asylum application, then yes, separate I-589s must be filed. Here is a link:

http://www.uscis.gov/humanitarian/refugees-asylum/asylum/minor-children-applying-asylum-themselves

If they are outside of the U.S., then a following to join process would be done if the parent wins the Asylum.

Let me know if you need anything else, but please do not forget the positive rating. Thank you!

Customer: replied 2 years ago.

ok, 1 year deadline is approaching on monday. my master is in 11/2019.

I need to have this filed. tomorrow, I can mail to USCIS. certainly, I can leave the 589 with a cover letter indicating the asylum is lodged at the court window (with copy to ICE); however, as you indicated that is not filed.

If I leave the 589 with a cover letter and a Motion for leave to file, is it then considered filed? Also, is such a motion even necessary? Won't court be able to determine if 1 year deadline has been satisfied if I send a receipt notice from USCIS as soon as I receive it?

thanks again.

Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
It's amazing how people often wait until the last minute to file something. I would contact the ICE Trial attorney and make sure that they get a copy of the I-589 and contact the judicial assistant of the Immigration Judge and also make sure that they get a copy of the I-589. Explain to all parties what the situation is and that you need that filed before the deadline. Let me know if you need anything else, but please do not forget the positive rating. Thank you.
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!
Expert:  Guillermo J. Senmartin, Esq. replied 2 years ago.
Hello. I'm just following up with you to see how everything is going. Did my answer help? Please let me know. Thank you!