The Affirmative Asylum Process SO

Transcription

1 Chapter 7 The Affirmative Asylum Process SO The average pro bono takes about three months to complete the affirmative asylum case with billable hours averaging between 40 and 60 hours. O ne of the most common questions the client will ask the pro bono is when will my application be filed? The client is often experiencing uncertain living conditions and is extremely worried about securing their safety and the safety of his/her spouse and children. However, asylum claims are extremely complex and the process should not be rushed. This chapter will answer some of the most common questions concerning the timeline and procedures for assembling the affirmative asylum package. 7.1 Suggested Timeline for Affirmative Asylum Cases: Day 1 Week 1 Week 1 Week 2/3 Week 3-7 Week 8 Accept case. Receive copy of file from HRI, review documents, and client s initial statement. Contact client and schedule initial appointment to meet. Meet with Client for initial appointment: - Introductions; - Handwrite I-589 Application; - Review original documents with client. Meet with client weekly: Type I-589 (this can be done online at: Draft Affidavit with client; Determine country research for package; Draft Index of Exhibits. or forward a copy of the I-589 Application, Affidavit, and Index of Exhibits to HRI. 7-1

2 Week 9 Week 10 Week 11 Week 12 Week 14 Week 15 Week 16 Week 18 Meet with HRI or receive returned I-589 Application, Affidavit, and Index of Exhibits from HRI. Revise I-589 Application and Affidavit with client. Client signs final I-589 Application and Affidavit. Prepare final package in triplicate along with an extra copy for you, the client, and HRI. Forward triplicate package and HRI copy to HRI. HRI files case with CIS. Client and Pro bono receive receipt notice, interview notice, and fingerprint notice. Client is fingerprinted and makes arrangements to travel to Houston. Client is Interviewed at the Houston Asylum Office. Client is mailed results or picks up results in Houston. 7.2 Preparing and Filing the Affirmative Asylum Package When filing the affirmative asylum package, please note the following items/tasks are required in the Package: 1. Cover Page. A cover page should be included on the top of the original package, stating I-589 Application for Asylum. The preferred Texas Service Center color at this time is green. 2. Exhibit List. An exhibit list should be included. A complete description of each document along with the page numbers they can be found at should be listed on the exhibit list. See Appendix 7-A for a sample Exhibit List. 3. Tabs. Each pertinent document in the original package should be tabbed; e.g. each copy of the I-589, birth certificate, marriage certificate, entry document, and each exhibit. 4. Triplicate. The I-589 package must be sent triplicate. The duplicate and triplicate copy should be labeled. 5. Highlight. All pertinent information in the I-589 package should be highlighted. This includes the original, duplicate and triplicate package. This should include pertinent information on the passport, birth certificate, and marriage certificate as well as information on the exhibits. Pertinent information on the country conditions should also be highlighted. Do not highlight anything on affidavits or on the I Bates Stamp. Each page of the package, excluding the I-589 and the attached affidavit, must be numbered. HRI recommends bates stamping in the bottom right hand corner. The page number should also be indicated on the Index of Exhibits. 7. Hole Punched. The package should be two hole punched at the top center and pronged together. 7-2

3 8. Paper Length. Every page in the package should be standard letter size. Do not send anything to TSC that is legal sized. All copies should be reduced to fit 8-½ x Head to Foot. The I-589 form is head to foot; i.e. when page one is flipped onto page two from the bottom, the top of page two is visible. 10. One-sided. Each page in the package, excluding the I-589 Application, should be one-sided. 11. Capitalize. Last names must always be capitalized on the I-589 and other CIS forms. This includes not only the applicant, but all other family members as well. 7.3 Order of Package Please place package in the following order: 1. Green Cover Sheet stating I-589 Application for Asylum (Affirmative Only) 2. Cover Letter (see Appendix 5-F) 3. G-28 Attorney Representation Form (preferably printed on blue paper) 4. I-589 Application for Asylum 5. Client s Affidavit (we recommend stapling the I-589 and Affidavit) (see Appendix 5-A for sample) 6. Index of Exhibits (see Appendix 7-A for sample) 7. Exhibits (arranged by importance, ex. passport with I-94, birth document, marriage document, birth documents of dependent family members, proof of past persecution, country information specific to claim, general country information) 8. Duplicate Copy of entire package 9. Triplicate Copy of entire package 7.4 Common Problem Areas Great care should be given to completing the I-589 since it is the document most relied upon during the asylum process. Note Sometimes the local TSC office returns packages due to small administrative errors. An application is incomplete and will be returned by CIS if: 1. Questions are left blank. There must be a response to each of the questions on the I-589. Even if the item is not applicable to the particular client, it must be completed. 2. The applicant does not sign the application. 3. It is sent without the correct number of copies of supporting documentation. 4. The preparer failed to sign the I-589 in the appropriate location. 5. Pertinent documents are missing (See Chapter 5 for complete list of required documents). 6. Pertinent documents are not easily accessible or are not properly labeled. 7.5 Dependent Family Members Package 7-3

4 The asylum seeker may include in the application spouses and unmarried children under the age of twenty-one who are in the United States. These family members are eligible for derivative asylum status if the principal applicant (the parent or spouse) is granted asylum. Children married or over the age of twenty-one must file a separate I-589 application, establishing his or her own claim for asylum. Even if applicant s children/spouse are not included in the application, or not present in the United States, they MUST still be listed on the I-589. Note Each dependent family member present in the United States included on the principal applicant s I-589 must file a derivative I-589 package in triplicate. The dependent family member s package must include: 1. Cover Page. A cover page should be included on the top of each dependent family member s package stating, I-589 Application for Asylum Dependent Family Member. The preferred TSC color at this time is green. 2. G-28 Attorney Representation Form. Include a copy of the principal applicant s G I-589 Application. Include a copy of the principal applicant s I-589 application with two photographs attached in the appropriate location as stated in the I-589 application for each dependent family member. See Appendix 1-A for a copy of the I Exhibit List. An exhibit list should be included. A complete description of each document along with the page numbers they can be found at should be listed on the exhibit list. See Appendix 7-B for a sample Exhibit List for a dependent family member. 5. Proof of Relationship. Include copies of all documents, which prove the relationship between the applicant and the dependent family member; e.g. birth certificate, marriage certificate, etc. See for evidence that can be used to establish relationships between an applicant and his/her family. 6. Entry Document. Copy of entry document/passport and I-94. See for evidence of items that can be used to evidence entry. 7. Miscellaneous. Any supporting documents. 8. Tabs. Each pertinent document in the original package should be tabbed; e.g. each copy of the I-589, birth certificate, marriage certificate, entry document, and each exhibit. 9. Triplicate. The I-589 package must be sent triplicate. The duplicate and triplicate copy should be labeled. 10. Highlight. All pertinent information in the I-589 package should be highlighted. This includes the original, duplicate and triplicate package. This should include pertinent 7-4

5 information on the passport, birth certificate, and marriage certificate as well as information on the exhibits. Do not highlight anything on affidavits or on the I Bates Stamp. Each page of the package, excluding the I-589 and the attached affidavit, must be numbered. HRI recommends bates stamping in the bottom right hand corner. The page number should also be indicated on the Index of Exhibits 12. Hole Punched. The package should be two hole punched at the top center and pronged together. 13. Paper Length. Every page in the package should be standard letter size. Do not send anything to TSC that is legal sized. All copies should be reduced to fit 8-½ x Head to Foot. The I-589 form is head to foot; i.e. when page one is flipped onto page two from the bottom, the top of page two is visible. 15. One-sided. Each page in the package, excluding the I-589 Application, should be one-sided. 16. Capitalize. Last names must always be capitalized on the I-589 and other CIS forms. This includes not only the applicant, but all other family members as well. 7.6 Completing the Asylum package. Before the pro bono completes the package, he/she should: Please make a complete copy of the package for HRI to place in the client s file. Once the pro bono has completed the package, he/she should forward the package to HRI for review. HRI will then mail the package directly to CIS. The pro bono should never send a package to CIS before HRI reviews and approves it. 7.7 Where to File the Affirmative I-589 Package. HRI mails most I-589 packages to CIS for its pro bonos. The pro bono should not mail the package unless HRI had directed him/her to do so. In instances where the pro bono is submitting the package him/herself the I-589 should be filed at the appropriate service center with jurisdiction over the state the applicant lives in. For Texas the I-589 package should be sent to: Texas Service Center P.O. Box Mesquite, Texas Since the timeline for filing asylum is so time sensitive, the package is sent priority, certified mail, return receipt requested. On the outside of the package write I-589 in large letters to assure that the package will be processed expediently. In time sensitive situations, the package can also be hand-delivered by an authorized professional delivery service to: Texas Service Center 4141 St. Augustine Rd. Dallas, TX

6 Chapter 7 The Affirmative Asylum Process Index of Appendices Appendix 7-A Appendix 7-B Sample Index of Exhibits Sample Index of Exhibits for Dependent Child residing in the United States 7-6

7 Appendix 7-A CHAVARRO, Martha INDEX OF EXHIBITS EXHIBIT NUMBER DESCRIPTION EVIDENCE OF ENTRY PAGES 1. Copy of Martha Chavarro s (hereafter Applicant ) I-94 and Colombian passport, evidencing Applicant s entry into the United States as December 17, EVIDENCE OF APPLICANT S IDENTITY 2. Copy of Applicant s Colombian Citizenship Card along with translation and certificate of translation Copy of Applicant s Colombian Driver s License along with translation and certificate of translation Copy of Applicant s Marriage Certificate which evidences her marriage to Marco Tulio Aldana Garzon along with translation and certificate of translation EVIDENCE OF FAMILY S IDENTITY AND THEIR RELATIONSHIP TO THE APPLICANT 5. Copy of Mario Alvarez Chavarro s Birth Certificate which evidences his relationship to his mother, the Applicant along with translation and certificate of translation Copy of Paula Andrea Aldana Chavarro s Birth Certificate which evidences her relationship to her mother, the Applicant along with translation and certificate of translation Letter from Applicant s husband, Marco, which evidences the persecution against the Applicant and her family, along with translation and certificate of translation. 8. Letter from Applicant s son, Mario, which attests to the persecution against the Applicant and her family, along with translation and certificate of translation

8 APPLICANT S PROFESSIONAL DOCUMENTS 9. Copy of Applicant s Professional Lawyer s Card along with translation and certificate of translation Copy of Applicant s Judicial and Police Certificate along with translation and certificate of translation Copy of Applicant s Employment History in the Judicial Branch ( ) along with translation and certificate of translation Copy of Applicant s Disciplinary Records issued by the Disciplinary Department of the Supreme Council of the Judiciary, along with translation and certificate of translation. 13. Copy of Applicant s Disciplinary Records issued by the General Prosecutor s Office of Colombia, along with translation and certificate of translation. DOCUMENTS REGARDING FARC S PERSECUTION OF APPLICANT 14. Letter from the Legal Delegate of Giganté, Colombia, which attests to the threats and harassment against the Applicant and her family, accompanied by translation and certificate of translation. 15. Letter from the Legal Delegate for Human Rights in Bogotá, Colombia, which attests to Applicant s statement and application to the Social Solidarity Network for internally displaced person status, accompanied by translation and certificate of translation. 16. Letter from Coordinator of the Social Solidarity Network, which evidences the registration of the Applicant and her family as internally displaced persons, accompanied by translation and certificate of translation. 17. Copy of the complaint Applicant submitted to the Fiscalía [Public Prosecutor s Office] in Bogotá, Colombia, on September 19, 2003, outlining the persecution she had suffered from FARC, accompanied by translation and certificate of translation. 18. Copy of the certification that the Fiscalía [Public Prosecutor s Office] in Neiva, Colombia, opened the local inquiry into Applicant s complaint, accompanied by translation and certificate of translation. 19. Cover letter from the Fiscalía in Bogotá to the National Unit Against Abductions and Extortion in Neiva, regarding the Applicant s complaint, accompanied by translation and certificate of translation Letter from the Fiscalía in Neiva to the B2 Intelligence Unit requesting evidence for the inquiry into Applicant s complaint, accompanied by translation and certificate of translation

9 21. Cover letter from the Fiscalía in Neiva to the Urban Gaula Investigative Unit in Bogotá regarding the Applicant s complaint, accompanied by translation and certificate of translation Cover letter from the Fiscalía in Neiva to the Gaula Investigative Unit regarding the Applicant s complaint, accompanied by translation and certificate of translation Cover letter from the National Police s GAULA Office in Bogotá regarding the Applicant s complaint, accompanied by translation and certificate of translation Transcript of a statement made by Raul Chavarro Benjumea, Applicant s father, to the National Police GAULA Office in Bogotá, accompanied by translation and certificate of translation Transcript of a statement made by Mariela Mahecha de Chavarro, Applicant s mother, to the National Police GAULA Office in Bogotá, accompanied by translation and certificate of translation MEDIA RESOURCES RELATED TO FARC S PERSECUTION OF APPLICANT S COLLEAGUES 26. La Nación. Impunidad en la muerte de ex alcalde de Gigante [Impunity in the death of the ex-mayor of Gigante], September 7, Colombian news article evidencing murder of Applicant s friend and colleague, along with translation and certificate of translation MEDIA RESOURCES RELATED TO FARC S PERSECUTION OF SIMILARLY SITUATED COLOMBIANS 27. BBC Mundo. Mayors under FARC s watch, June 21, British news article evidencing the forced resignation and harassment of regional officials in Colombia, along with translation and certificate of translation. 28. BBC Mundo. Mayors are resigning in Colombia, June 2, British news article evidencing the forced resignation of regional officials, along with translation and certificate of translation. 29. New York Times. Rebels in Colombia Kill 3 Town Officials, October 20, North American news article evidencing the murder of Colombian officials who would not resign on FARC s orders

10 30. La Nacion. Asesinados Alcalde y dos concejales de Campoalegre [Mayor and two council members assassinated in Campoalegre], October 19, Colombian news article evidencing FARC s assassination of regional leaders, along with translation and certificate of translation. 31. La Nación. Consuelo González de Perdomo, un año en manos de las FARC [Consuelo González de Perdomo, one year in the hands of FARC], September 11, Colombian news article evidencing FARC s abduction of regional leaders, along with translation and certificate of translation. 32. La Nacion, Renuncian funcionarios del municipio de Oporapa, October 24, Colombian news article evidencing FARC s intimidation of regional leaders, along with translation and certificate of translation OTHER FARC-RELATED MEDIA RESOURCES 33. Orlando Sentinel. Colombia s FARC Rebels Vow to Kidnap Top Officials, June 20, North American news article evidencing FARC s strategy of targeting regional officials mid-june Guardian. Troops close in on Colombia s rebel haven, January 12, British news article depicting the FARC safe haven Explosión en Gigante: Más Pánico que Daños [Explosion in Gigante: More Panic than Damage], September 13, Colombian news article evidencing FARC activity in Giganté, Huila department GENERAL COUNTRY CONDITIONS 36. U.S. State Department, Bureau of Democracy, Human Rights, and Labor, Colombia: Country Report on Human Rights Practice for 2003, February 25, U.N. High Commissioner for Refugees (UNHCR), International protection considerations regarding Colombian asylum-seekers and refugees, September INS Resource Information Center, Colombia: Information on Prospects for Avoiding Threats from Armed Groups by Relocating In-Country, May 20, International Commission of Jurists, Colombia Attacks on Justice 2002 Colombia, August 27, Amnesty International, Colombia, Report Verdad Colombia [Truth Colombia], Mayors Under Threat

11 MAPS 42. Map identifying Gigante, Colombia, and the surrounding region, Mapquest Map detailing the FARC safe haven in Colombia, Guardian

12 Appendix 7-B Name of Child EXHIBIT NUMBER INDEX OF EXHIBITS DESCRIPTION PAGES EVIDENCE OF ENTRY INTO U.S. 1. Copy of I-94 and Zimbabwean passport of Principal Applicant, Client s Name, evidencing legal entry into the United States on April 2, Copy of I-94 and Zimbabwean passport of Ms. Daughter, Principal Applicant s daughter, evidencing legal entry into the United States on April 2, Copy of I-94 and Zimbabwean passport of Mr. Son, Principal Applicant s son, evidencing legal entry into the United States on April 2, EVIDENCE OF IDENTITY AND ESTABLISHING RELATIONSHIP 4. Copy of Principal Applicant s certified Notary Deed of Change of Name to Client s Name Copy of Principal Applicant s Birth Certificate Copy of Principal Applicant s Marriage Certificate evidencing marriage to Wife s Name Copy of Daughter s Birth Certificate Copy of Son s Birth Certificate Copy of Divorce Order issued by the High Court of Zimbabwe awarding Mr. Client custody of children