Can I Move Asylum Case to Another State?

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A single mother of a newborn asked if she could move her asylum case from Houston Immigration Court to Miami Immigration Court. She moved to be close to her aunt, and her baby’s father, who found a job in Florida. I understand. Planes take me to my two adult daughters, to my ailing mother. Where our heart goes, we go. My answer would have been the same if she moved from the Dallas Immigration Court to Miami Immigration Court. Or if she moved from El Paso to the Orlando Immigration Court.

Moving has a strong effect on an asylum case. It could determine whether you win or lose. More on that later. First the answer to the question: what do I need to do to move my asylum case to another state?

Forms to file with Immigration Court

Foreigners with asylum cases in Immigration Court must file a change of address with the court. This is a special form. Also, a copy of that form must be sent to the government’s attorney. Information can be found in the website of the Executive Office of Immigration Review. We do address change forms for Blandon Law clients, of course.

Request to move case to another Immigration Court

When a person in Immigration Court has requested asylum and moves, the case does NOT always transfer to a different city if they move. The applicant has to ask the judge for permission to transfer the case, known as a Motion for Change of Venue. Blandon Law had an extremely complex case in Miami; we won it on appeal and the case was returned to the same Miami judge who denied it.

The client then moved to Chicago and we requested the case be transferred there BUT the Chicago judge refused to take the case. The Chicago Immigration Judge returned it to the Miami Immigration Judge. Finally, after this comedy of errors, we won the asylum in front of the original Miami Immigration Judge. We helped our client all the way to the win.

Forms to file with USCIS for Affirmative Asylum

For those persons applying for asylum with US Citizenship and Immigration Services, and not the court, the process is similar. Foreigners can change their address online or through the mail. They are not required to send a separate letter to the local asylum office. To give our clients first rate service, however, Blandon Law does send out both the form and the letter to the local asylum office.

As with a judge in Immigration Court, each local asylum office – and each different asylum officer – decides cases differently. The only guarantee is that over 20 years of asylum experience will increase your likelihood of success. Call or click to schedule a consult today.

Disclaimer – These entries are based on real life events. Family member names, when used, are real. Client names are changed for privacy.

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