Immigration attorney Willy Allen is urging Cubans currently navigating the asylum process in the United States to thoroughly review their applications. Allen emphasizes the importance of being prepared for any question related to the contents of their application during the interview process.
In August, the Board of Immigration Appeals (BIA) issued a ruling that grants judges the authority to dismiss asylum claims if they are incomplete. This often occurs when applicants rely on attached documents instead of filling out all sections of the form. Allen advises, "We need to brace ourselves a little tighter and prepare more diligently."
The Impact of the BIA's August Decision
Allen highlights the significance of this BIA decision, cautioning viewers of his Monday program on CiberCuba at 11:00 AM Miami time. He stresses that if any questions on the asylum application are left unanswered or lacking in detail, immigration judges now have the discretion to automatically dismiss the asylum claim due to its incompleteness.
Following this ruling, Allen's office is meticulously scrutinizing all asylum applications. He explains, "Often, people would write 'see attached' or 'explained in attachment' for certain questions that might not apply directly. Now, in light of the BIA's decision, immigration judges may start dismissing asylum cases before they even reach a hearing. This is crucial information."
Steps to Ensure a Complete Asylum Application
Allen's advice is straightforward: "If you've filed for asylum in court, ensure your application is up-to-date on the immigration court website, but more importantly, thoroughly review your application. Make sure every question is answered with as much detail as possible because judges may use the application's completeness as grounds for denial."
Allen notes that he's read discussions among lawyers where some have already experienced cases being dismissed before hearings due to incomplete applications. He warns, "If you have a future court date or have already submitted your asylum application, take the time to review it. Amend it if necessary, as you don't want to face a judge only to find out your application can't even be presented."
Allen believes this is a particularly sensitive time to avoid such errors, especially given that Stephen Miller, the architect of the Trump administration's immigration policies, is suspicious of all asylum claims made by individuals entering through the border.
Cuban Asylum Applicants: Navigating New BIA Rules
What recent change has the BIA made regarding asylum applications?
The BIA has issued a ruling allowing judges to dismiss asylum applications if they are incomplete, emphasizing the importance of providing thorough and detailed responses to all questions on the application.
Why is it important to review your asylum application according to Willy Allen?
Willy Allen advises reviewing your asylum application to ensure all questions are answered in detail, as judges may dismiss incomplete applications before they reach a hearing.
What should asylum applicants do if they find their application incomplete?
If an asylum application is incomplete, applicants should take the time to amend it, ensuring that all questions are fully answered to avoid dismissal by immigration judges.