Our FirstCall lawyers have extensive experience in representing immigration cases in front of Immigration Courts and the United States Immigration and Citizenship Services (USCIS). Whether you are located in San Diego, Vista, Escondido, Orange, Anaheim, Tustin, Santa Ana, or Los Angeles or anywhere in the United States, our lawyers are ready to assist you with your immigration matter.

Asylum procedure

5) Consideration of asylum applications

(A) Procedures

The procedure established under paragraph (1) shall provide that-

(i) asylum cannot be granted until the identity of the applicant has been checked against all appropriate records or databases maintained by the Attorney General and by the Secretary of State, including the Automated Visa Lookout System, to determine any grounds on which the alien may be inadmissible to or deportable from the United States, or ineligible to apply for or be granted asylum;

(ii) in the absence of exceptional circumstances, the initial interview or hearing on the asylum application shall commence not later than 45 days after the date an application is filed;

(iii) in the absence of exceptional circumstances, final administrative adjudication of the asylum application, not including administrative appeal, shall be completed within 180 days after the date an application is filed;

(iv) any administrative appeal shall be filed within 30 days of a decision granting or denying asylum, or within 30 days of the completion of removal proceedings before an immigration judge under section 1229a of this title, whichever is later; and

(v) in the case of an applicant for asylum who fails without prior authorization or in the absence of exceptional circumstances to appear for an interview or hearing, including a hearing under section 1229a of this title, the application may be dismissed or the applicant may be otherwise sanctioned for such failure.

(B) Additional regulatory conditions

The Attorney General may provide by regulation for any other conditions or limitations on the consideration of an application for asylum not inconsistent with this chapter.

(6) Frivolous applications

If the Attorney General determines that an alien has knowingly made a frivolous application for asylum and the alien has received the notice under paragraph (4)(A), the alien shall be permanently ineligible for any benefits under this chapter, effective as of the date of a final determination on such application.

(7) No private right of action

Nothing in this subsection shall be construed to create any substantive or procedural right or benefit that is legally enforceable by any party against the United States or its agencies or officers or any other person.

(e) Commonwealth of the Northern Mariana Islands

The provisions of this section and section 1159(b) of this title shall apply to persons physically present in the Commonwealth of the Northern Mariana Islands or arriving in the Commonwealth (whether or not at a designated port of arrival and including persons who are brought to the Commonwealth after having been interdicted in international or United States waters) only on or after January 1, 2014

• 1159. Adjustment of status of refugees

(a) Inspection and examination by Department of Homeland Security

(1) Any alien who has been admitted to the United States under section 1157 of this title-

(A) whose admission has not been terminated by the Secretary of Homeland Security or the Attorney General pursuant to such regulations as the Secretary of Homeland Security or the Attorney General may prescribe,

(B) who has been physically present in the United States for at least one year, and

(C) who has not acquired permanent resident status,

shall, at the end of such year period, return or be returned to the custody of the Department of Homeland Security for inspection and examination for admission to the United States as an immigrant in accordance with the provisions of sections 1225, 1229a, and 1231 of this title.

(2) Any alien who is found upon inspection and examination by an immigration officer pursuant to paragraph (1) or after a hearing before an immigration judge to be admissible (except as otherwise provided under subsection (c)) as an immigrant under this chapter at the time of the alien’s inspection and examination shall, notwithstanding any numerical limitation specified in this chapter, be regarded as lawfully admitted to the United States for permanent residence as of the date of such alien’s arrival into the United States.

Because of the complexity of immigration matters it is imperative that you connect with one of our knowledgeable and competent FirstCall lawyers. FirstCall serves all of Southern California, from San Diego and North County to Orange, Anaheim, Tustin, Santa Ana and Los Angeles. FirstCall serves immigration clients in many States in the United States.

One of the major mistakes some immigration applicants make is to attempt to represent themselves. This is no different that trying to perform a surgery on oneself. The immigration law is very complex, changes very often, and therefore, only with the assistance of an experienced lawyer, the person can navigate the maze of immigration laws. Our FirstCall lawyers are super knowledgeable, and can identify the best options for you under the circumstances of your case. FirstCall represents clients throughout Southern California, from San Diego to Los Angeles, and in between, Vista, Escondido, Orange, Anaheim, Santa and Tustin, as well as in many States of the US.