“This Will Not Be Like Your Other Asylum Cases”

The Project supports pro bono attorneys in a variety of ways through toolkits, trainings, weekly office hours, and an incredibly knowledgeable staff. I had the opportunity to join the Project on the ABA side and take on my own local pro bono case. Even though I have been practicing immigration law for years, the expeditious processing for Afghans was new to me. With the expeditious processing, the U.S. Citizenship and Immigration Services has 45 days to conduct the initial interview on the asylum application from the date it is filed and 150 days to issue a final decision from the date the asylum application is filed. I devoured the toolkits and support offered by the Project. I was, and still am, always learning something new from the expert staff and the other volunteer lawyers at the weekly office hours. The information served me and my client well because the expeditious processing was faster than I had imagined. And certainly faster than what my client expected!

Seven days after I electronically filed my client’s I-589, Application for Asylum, we received an interview notice for one month later. Once scheduled, the Project was even able to connect me with an attorney who practices in my local jurisdiction, so I could glean his insights. One of the first things he said to me was “this will not be like your other asylum cases.” And he was right. He confirmed the whispers I had heard from other jurisdictions about hours-long interviews and additional screening questions for terrorism-related inadmissibility grounds (TRIG). It was difficult to hear not only as an experienced immigration lawyer who had never faced this in previous cases, but also because many of these folks were evacuated by and because of their ties to the United States. I relayed the information to my client and a few weeks later I saw first-hand what the attorney was referencing during my client’s asylum interview.

It is heartbreaking to tell clients repeatedly that a strong case does not guarantee success. Immigration laws were largely created to keep non-white immigrants out, with clear racism and xenophobia officially codified in the Chinese Exclusion Act. Many of us in the field still cling to the hope of having a sympathetic immigration judge, opposing counsel, and/or USCIS official/officer assigned our individual cases. While the ultimate decision is never ours as advocates to make, representing asylum-seekers, whether by limited scope or full representation, permits us a compelling opportunity to empower clients and help them navigate a system that was not created for them.

My participation in the Pro Se + Project as a volunteer reignited my passion for immigration justice and advocacy. I aspire to uplift and support the work of others to inch us closer to a more just system, even if I am only able to help one client at a time.