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Case Studies

Case Study

From Fear to Freedom: Asylum Granted After Six-Year Wait

November 19, 2023 10 min read
Asylum Granted After Six-Year Wait

A six-year affirmative asylum journey highlighting the importance of thorough documentation, consistency, and long-term case management.

Client Background

This Indian client filed I-589, Application for Asylum and Withholding of Removal. She wanted to find asylum in the United States to protect himself from unfortunate setbacks in her own country. The case took 6 years to be finally approved, but the client succeeded in obtaining asylum and saving her life and honour.

The application was filed with the USCIS office in Arlington/Merried asylum office, along with all required documents and evidence. The client’s derivative asylum request for the spouse and children under INA §208(c)(2). The application was submitted by Kambo Law’s senior attorney on Jan 17, 2019. The client’s waiting time was too long, which caused huge mental and financial pressure on him.

The case duration, around four years, reflects the strong systemic supply in affirmative asylum cases. The case was represented by Rajan Kambo, Kambo Law PLLC.

Legal Challenges

A multi-year wait is not new in USCIS cases, given the consistently high volume of applications every day. The FY2024 showed that around 1.5 million asylum cases are still pending. This abundance of applications makes legal proceedings very complicated. The overall process remains time-consuming with in-depth legal twists. It also reduces the chances of fair and fast approval.

In asylum cases, applicants also bear the burden of proof. That’s why the client had to establish a “well founded fear of persecution”. Derivative eligibility criteria make the process technical, as it’s crucial to prove the qualifying relationship between the client and family members. It usually takes into account children under 21 years of age, along with the spouse.

The asylum-seeking process always remains risky because the application can be denied at any time. In a denied case, the proceedings are permanently dismissed. Maintaining compliance with G-28 representation makes the procedure more complicated. Similarly, the candidate must frequently respond to USCIS requests.

Strategy and Action

Kambo law compiled all the evidence supporting the client’s claims and ensured a smooth, expedited approval of the application. We submitted affidavits and county condition reports. We also collected all corroborating documents, including police reports, medical records, witness statements, and news reports.

Kambo Law handled all the client’s derivative applications and included them in the application process. All the family members were included in a 2-year eligibility timespan. This is actually called the statutory window during which the main applicant must complete all the paperwork for the other family members.

We assisted the client in applying within that duration without delay because, in this case, USCIS usually grants approval early. However, if a candidate misses this opportunity, the process becomes too hard or impossible. Our attorneys continuously monitored the application status. We leverage attorney-client privilege and receive updates at each step of the way.

We also kept the client informed, step by step, about what was going on and the expected results. We persistently navigated the systemic delays and ensured everything remained smooth during the statutory timeline. Then we prepared for adjustments, strategising our client’s future transition to permanent and lawful residency.

Outcome

The application was approved on nineteen November 2023. The results were as expected because of consistent efforts and proceedings. The client received the approval through an official USCIS notice, which granted him permanent asylum. All the deviates included get approved for residency in the United States along with the client. The USCIS issues Form I-94 for applicants and derivatives.

The client's employment authorisation was also granted automatically; however, the EAD was optional. The client also became eligible for a green card just one year after receiving asylum. The case opened the doors to permanent citizenship for both the client and her family members. Both are also eligible for multiple assistance programs from the state and federal governments.

The asylum grant also provided them with resettlement and healthcare facilities that are usually offered to asylees. They also gained the right to apply for a refugee travel document. It allows the asylees a safe traveling experience in international locations. They can also easily reenter the United States without risking asylum status.

Impact

The client obtained legal security in the United States with strong protection against removal. The case also granted him an indefinite stay in the US, a dream for many around the world. She also achieved economic stability because asylum grants also provided authorised work without an EAD.

If clients apply for EAD, the benefits can increase further. Asylees can also apply for Social Security numbers, which help them get jobs and pay taxes. With an SSN, the asylees can later qualify for retirement and disability support as well.

It makes them eligible to open bank accounts in the United States and to apply for credit. Similarly, it makes renting their homes easy and fast. The case provided a way to family unity while giving the client psychological relief. It was the end of prolonged uncertainty.

The case was given a hope of a better future with unlimited growth opportunities for the client and her family. With the right measures, a client can achieve results relatively faster. The attorneys should always be hired from the United States and be very well-versed in local legal complexities.

Timeline

Date Key Development
January 17, 2019 Application for asylum formally received by USCIS
November 9, 2023 Asylum approval confirmed by USCIS (initial notification)
November 19, 2025 Official USCIS approval notice issued and documented

Key Takeaways

  • Documentation is Critical: The case highlighted the importance of all the paperwork. Asylum cases require strong evidence, and if the candidate fails to provide it, the case is already lost. Strong legal representation speeds up the process while increasing approval chances.
  • Derivative Family Rights: This asylum case also demonstrates the importance of the timely inclusion of all the derivative documents in the application process. In such cases, “missed” means almost no or too hard to achieve. So the client’s family should be taken into account from the first day.
  • Systemic Delays: Systems operate according to their own logic, regardless of a country’s level of development. To win such cases, good stamina and consistency are very important. These cases take years to be concluded, so applying practical strategies throughout the process is crucial. They should never lose hope and keep trying different legal techniques and laws.
  • Risk Awareness: The candidate should be aware of all the possible risks during or after the application process. They should hand their case over from the initial stage to an expert attorney who has a history of handling such cases. Asylum denials should be avoided at all costs because if they happen, they can trigger removal proceedings.

Firm Statement

“We are proud to have secured asylum for our client from India. USCIS recognized their need for safety and protection, and we are honored to have advocated for their truth.”

— Rajan Kambo

Seeking an Immediate Asylum in the United States?

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