Queens, NY asked in Immigration Law for Virginia

Q: Should we consolidate separate asylum applications filed in 2017?

In 2017, my wife and I each filed separate asylum applications, listing each other as dependents with identical stories and submitted documents. Our interview dates are scheduled one day apart. After consulting with an attorney who suggested consolidating the cases, I am considering whether to follow this advice or proceed separately as originally filed. What is the best option moving forward?

Related Topics:
2 Lawyer Answers

A: I am surprised they issued you receipt notices for both cases field in 2017. In those years they did not have a system where both spouses can file separate asylum cases and be receipted.

Whether you should withdraw one case depends on several factors.

Are both cases strong? Or is one weaker than the other? Likelihood of approval is the biggest determining factor here.

The other consideration is that Fairfax asylum office usually holds on to the decision of a spouse's asylum case until the other spouse's asylum claim gets adjudicated. So if you want to follow both cases, they should be ready to make a decision in both of them for you to get a response in either case. You are lucky that they gave you interviews one they apart. Sometimes it takes years. So both should be adjudicated close to each other timewise.

Finally, maintenance of status must be examined. Are either of you maintaining your nonimmigrant status? If yes, even if the case gets denied you may continue staying in the US with your nonimmigrant status. if you are not maintaining your status, it would not matter, because you will either be approved and get the asylum, or will be denied and referred to court.

Tim Akpinar agrees with this answer

James L. Arrasmith
PREMIUM
James L. Arrasmith pro label Lawyers, want to be a Justia Connect Pro too? Learn more ›
Answered

A: You're right to think carefully about this decision—it can have a real impact on how smoothly your case moves forward. Since both applications tell the same story, list each other as dependents, and include the same documents, consolidating the cases could reduce confusion and duplication during the asylum interview process. When USCIS sees nearly identical filings, it's often easier for the officer to evaluate them together, especially when the outcome will likely affect you both.

Consolidating can also help avoid the risk of conflicting outcomes, where one case is approved and the other is delayed or denied for unrelated reasons. It creates a unified presentation of your situation and shows consistency in your claim. If your cases remain separate, you may face longer processing times or more complex questions, especially if small discrepancies arise between interviews.

Since your interview dates are just one day apart, acting quickly to request consolidation could still be possible. If you both feel equally comfortable and confident with one person being the lead applicant, this could simplify the process and reduce stress. You're already thinking as a team—this step could help ensure you're treated as one. Trust your shared story and take the approach that brings the clearest path forward.

Justia Ask A Lawyer is a forum for consumers to get free answers to basic legal questions. Any information sent through Justia Ask A Lawyer is not secure and is done so on a non-confidential basis only.

The use of this website to ask questions or receive answers does not create an attorney–client relationship between Justia and you, or between any attorney who receives your information or responds to your questions and you, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask A Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.

Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises, or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.