AsylumCaseStudy3

A procedural hurdle delayed part of this family’s asylum process in the United States: the

husband’s court case remained unopened because his Notice to Appear (NTA) had not yet

been filed with the Immigration Court, while his wife and children’s cases had already

proceeded to the merits hearing stage. Our firm assumed representation, persistently

communicating with the relevant agencies to secure the NTA filing. We submitted the requisite

legal motions and ultimately obtained asylum for the entire family.

When the husband retained our firm, his Form I-589 asylum application had been submitted to

USCIS, but no Immigration Court proceedings had been initiated. Soon after, his wife and

children arrived in the U.S. and became clients as well; their cases advanced quickly in

Immigration Court and were scheduled for a merits hearing.

However, the husband’s case could not proceed without his NTA being properly filed. For nearly

eight months, our office consistently contacted and followed up with the local ERO office

responsible for filing the NTA. After receiving no response, our inquiry was redirected to the

ERO office with jurisdiction over the client’s residence. There, a new officer rescinded the

original NTA, issued a new one, and filed it with the court—officially initiating the husband’s

case.

By the time the husband’s NTA was filed, his wife and children were already preparing for their

merits hearing. While advocating for the husband’s case to be opened, we also compiled and

submitted all evidentiary materials for the wife and children’s hearing.

Once the husband’s court case commenced, we filed a motion to consolidate the family’s cases.

The court granted the motion just 15 days before the hearing. At the 45-minute hearing, the

Immigration Judge granted asylum, designating the husband’s case as the principal, with his

wife and children included as derivatives.

Overcoming Obstacles: A family’s Fight for Asylum