Substantive or Individual Hearing (Individual Hearing)
The individual interview, also known as a merits hearing, is a key stage in the asylum process. During this hearing, you will present your case to the Judge, explaining your story and the reasons why you are seeking protection. You will also have the opportunity to present evidence to support your case, such as documents and witness statements.
A limited number of people will be allowed to attend the individual hearing, including you, the judge, the judge's clerk, the prosecutor, and an interpreter if necessary. You will not be allowed to discuss your story outside the courtroom. During the hearing, the judge is likely to ask you questions, and the prosecutor may also present arguments against granting you asylum.
The asylum decision will be based on the outcome of the hearing. Although many people consider the merits hearing to be the final court hearing, sometimes follow-up hearings are necessary.
If you are able, it is recommended that you find an attorney to represent you at the interview. Historical evidence suggests that it can be very difficult to obtain asylum in immigration court without legal representation.
If you are unable to find an attorney to represent you at an individual interview, you have the option of representing yourself. However, it is important to remember that if the judge denies your application at this hearing, you have the right to appeal to the Board of Immigration Appeals (BIA). You will not be deported while your appeal is pending, but it is important not to delay and to start the appeal process within 30 days of the judge's decision!
A limited number of people will be allowed to attend the individual hearing, including you, the judge, the judge's clerk, the prosecutor, and an interpreter if necessary. You will not be allowed to discuss your story outside the courtroom. During the hearing, the judge is likely to ask you questions, and the prosecutor may also present arguments against granting you asylum.
The asylum decision will be based on the outcome of the hearing. Although many people consider the merits hearing to be the final court hearing, sometimes follow-up hearings are necessary.
If you are able, it is recommended that you find an attorney to represent you at the interview. Historical evidence suggests that it can be very difficult to obtain asylum in immigration court without legal representation.
If you are unable to find an attorney to represent you at an individual interview, you have the option of representing yourself. However, it is important to remember that if the judge denies your application at this hearing, you have the right to appeal to the Board of Immigration Appeals (BIA). You will not be deported while your appeal is pending, but it is important not to delay and to start the appeal process within 30 days of the judge's decision!