The Indian Business Owner TIBO Magazine - Volume 003 | Page 13
same level of acceptance of Indian asylum cases as they
did twenty years earlier. A recently retired immigration
judge, Hon. Bruce Solow, was quoted saying, “Word
gets back to similarly situated individuals – ‘Oh, if you
say X, Y, and Z in the courts they’re going to believe
you.’ Then you get the copycat cases, and every damn
case coming down the pipe is the same story and fact
pattern.”
Despite these bleak statistics, there has been an
exponential increase in Indian nationals coming through
the Mexican border in the last two years. Attorneys
are now experiencing the impact of a new unofficial
policy implemented by the Trump administration.
Immigration and Customs Enforcement (“ICE”) has
virtually stopped granting detained asylum seekers a
bond, thus keeping them in jail through the entirety of
their case, unless they successfully appeal to a judge.
Previously, asylum seekers could leave detention after
demonstrating fear of persecution in a “credible fear
interview”.
Sometimes a 50/50 shot of getting a green card is worth
the tens of thousands of dollars in legal fees incurred
by applying for asylum. However, the employer and
asylum seeker should have a realistic expectation on
their chances of success. The only way to predict this
is to seek reliable legal advice with an experienced
immigration attorney that can present a fact pattern
specific to the asylum seeker, and not one that has been
used hundreds of times before. And for the lucky few
that do get their asylum cases approved, it’s probably a
bad idea to go back to India to celebrate your new legal
status.
Jesse S. Atwal
Attorney at Law
[email protected]
Only the immigrant that suffers through the treacherous
journey to the United States knows the hardships their
family faces to successfully settle down in this country.
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