On the other hand, traveling to my country is too risky. Refugee Admissions Program and provide for the swift processing . Once you are in streamlined removal proceedings, if the IJ also does not grant you asylum and issues you a final order of removal, the IJ may confirm the asylum officers determination that you demonstrated eligibility for withholding of removal or protection under CAT. You will then be asked to wait for your interview. Jason Dzubow, Esq. Deferral of removal is subject to review and termination if it is determined that it is no longer more likely than not that you would be tortured in the country to which your removal is deferred or if you request that your deferral be terminated. Asylum officer will ask a series of 'yes or no' questions to make sure you are not barred Allen Schwartz, a former USCIS Asylum Officer, offers insight and information about the Asylum Interview process. Make sure to do this as soon as possible. Review our. The burden of proof is on you to establish that you are eligible for asylum or other protection in the United States. Typically, rescheduled interview dates are within a month or two after the original interview date. Witnesses can be family members or anyone who has firsthand knowledge of the story. Your asylum interview is an important part of your asylum application, and it is important to be prepared. During the interview, the AO will ask you questions about your identity, information you had provided in your asylum application, any applicable bars to your eligibility for asylum, and any documents you had submitted in support of your application. If you do not contact the asylum office or you do not establish exceptional circumstances related to your failure to appear, you will be removed from the Asylum Merits Interview process and placed in removal proceedings in immigration court. You may apply for asylum, withholding of removal, or protection under CAT before the IJ by filing Form I-589. According to the annual report of the Department of Homeland Security ( DHS ), in 2020 asylum was granted to 31,429 individuals. Citizenship and Immigration Services ("USCIS"), it will schedule you for an interview with an Asylum Officer ("AO") at your local asylum office. For more details, see Timing of the Affirmative Asylum Application Process. I applied for Asylum in the a US last July and completed my interview September 2013 as well but then I emailed the asylum office requesting expedited processing of my case in order to get my remaining son out of Liberia due to this outbreak of ebola in my country. If you are sick with any contagious illness, USCIS definitely prefers you cancel the appointment, for others' sake. You will be called for an affirmative asylum interview with an Asylum officer (not a judge!) How to Prepare an Affirmative Asylum Application | Nolo It can be a very long and difficult interview. The Convention Against Torture, or CAT, refers to the United Nations Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. Interviews usually occur within one day, but sometimes a second interview may be scheduled if there are lingering questions about . If an IJ finds that you have a credible fear of persecution or torture and vacates the asylum officers negative credible fear determination: An official website of the U.S. Department of Homeland Security, An official website of the United States government, To protect your privacy, please do not include any personal information in your feedback. I really do not know about that, but maybe it is possible to give power of attorney to someone in your country so they are authorized to get your records, or maybe you have a friend working at the college who can help. If your rescheduling request is granted, you will receive a notice about four weeks before your new interview date. You will receive a Notice to Appear in streamlined removal proceedings before an IJ for consideration of your asylum, withholding of removal, and CAT protection claims. In fact, you might want to prepare a written list of these to give to the officer, particularly if the changes are extensive. Remember that inconsistencies between what you say at a second interview and what you said at the first interview might cause the AO to conclude that you are not telling the truth, so be careful about how you answer questions. You may provide this written testimony to USCIS as additional evidence in compliance with the requirements stipulated in the Amending or Supplementing Application for Asylum section above. If you do not know the answer or do not remember, inform the AO. I always follow this topic - If anyone says same happen to them you don't have to worry, it is common system issue. Same Here, the office called my Lawyer to schedule a Second Interview - my First one went well without having my Lawyer ( my Lawyer didn't want to attend after i had moved to Different State) - so he asked the officer to call me Directly ( this happened three days ago and i haven't received any call yet) - so not sure what the reason behind the second interview and i don't know if i can bring a New Lawyer at this point. To be granted withholding of removal to a country under Article 3 of CAT, as implemented in U.S. law, you must show that it is more likely than not that you would be tortured in that country. The asylum officer generally conducts the interview and makes a decsion.The meetings generally are to hand over the decision. The immigration bureau office at Suan Phlu The purpose of the independent basis determination is to allow your dependents to pursue their own claim if the IJ does not grant you asylum once you are in streamlined removal proceedings and your dependents are unable to derive asylum from you. When you file, Your case may be referred back to and accepted by USCIS for an Asylum Merits Interview; or. Which state are you in? The idea is to make sure that you're believable, and to evaluate whether you merit a grant of asylum. If the application is denied by the IJ, the Board of Immigration Appeals, or a Federal court, the employment authorization terminates when the employment authorization document expires, unless the applicant has filed an appropriate request for administrative or judicial review. Other times, the security background check reveals information that requires further explanation, or the Asylum Office discovered new facts that they want to ask you about. If any bars to eligibility for asylum might apply to you (such as the possibility that you were involved in the persecution of others or have a criminal record), the AO will also likely ask questions about them. You may not be granted asylum or withholding of removal if: See Immigration and Nationality Act (INA) sections 208(b)(2)(A) and 241(b)(3)(B) and 8 CFR 208.16(d). In terms of what to expect at a second interview, you might be asked only a few perfunctory questions. In addition, if you think additional evidenceincluding country condition evidencewould be beneficial for your case, you should gather and submit that. In person, you must submit it no later than 7 calendar days before the scheduled Asylum Merits Interview; or. SeeFamily of Refugees & Asyleesfor more information on immigration benefits for your spouse and children. What Will Happen if USCIS Retains my Asylum Application After an Asylum Officer Finds I Have a Credible Fear? If you have any additions, changes, or corrections to your asylum application (for example, correcting a factual mistake or adding new supporting documents), make sure to tell the AO at the beginning of your interview. By mail, it must be postmarked no later than 10 calendar days before the scheduled Asylum Merits Interview. At the end of the interview, you can (politely) ask the AO about the time frame for a decision. An interpreter must be at least 18 years of age. How to answer questions at the Asylum interview in USA - YouTube A. Allen Schwartz now has a private business helping Asylum Seekers prepare for their interview and application process.This is the shortened overview of the webinar. Find 24 ways to say ASYLUM, along with antonyms, related words, and example sentences at Thesaurus.com, the world's most trusted free thesaurus. You must submit a separate Form I-485 application packet for yourself and, if applicable, for each family member who received derivative asylum based on your application. Why USCIS would request a 2nd asylum interview and what type of - Avvo First, refugees may get stuck in transit because their asylum claims are rejected, or because . Q. Can I Affirmatively Apply for Asylum Twice (After a Denial) If I'm For more information about Green Cards, seeourGreen Cards for Asyleespage. My RTD expired and I need to renew it. "Exigent circumstances" may include the unavailability of an asylum officer to conduct the interview, the inability of the applicant to attend the interview due to illness, the inability of USCIS to timely secure an appropriate interpreter, or the closure of the asylum office. If you are not granted asylum, the Department of Homeland Security may use the information you provide to establish that you are removed from the United States. What happens at a second interview? Although not required, it is a good idea to have your attorney come with you. The second interview is scheduled very close in time to the first. In other words, assume that your entire interview will be re-done and prepare accordingly (I did a post about what happens at an initial asylum interview, In addition, if you think additional evidenceincluding country condition evidencewould be beneficial for your case, you should gather and submit that. https://forums.immigration.com/threads/waiting-asylum-decision.296692/page-92. Please carefully read the information on the document for the office where we have scheduled your interview, and consult with your attorney or accredited representative to determine whether you want them to participate remotely. If you move to a new address and give up the old address, you have to inform USCIS. I was granted asylum a few months ago in the US. I do not have much faith in those notices, but I expect it means there is an issue in your case and it requires additional review, maybe at headquarters. However, you may be removed to a third country where your life or freedom would not be threatened. Your attorney and interpreter (if any) will also come along. Make sure you bring any identity documents you have for your children, including passports, birth certificates or national identity cards. If you don't show up for your interview, you have valid immigration status in the U.S., and you do not provide an explanation of why you missed your interview within 15 days after the date on which it was scheduled, your asylum case will be administratively closed. Turkish President Recep Tayyip Erdogan says Turkish forces have killed the leader of the Islamic State group during an operation in Syria. Immigrants Seeking Visas, Asylum, and Green Cards, Timing of the Affirmative Asylum Application Process, USCIS definitely prefers you cancel the appointment, Translating Non-English Documents for Immigration Applications, What to Do If You Can't Make Your Asylum Interview, Do Not Sell or Share My Personal Information, ask the officer to repeat any question you are not certain you understand, or. When you file the Form I-589, Application for Asylum and for Withholding of Removal, with the immigration court, it places you in the "defensive" asylum process. It could also relate to TRIG terrorism related inadmissibility grounds. This second interview is known as an Asylum Merits Interview. To include your child on your application, the child must be under 21 and unmarried. In my own practice, second interviews are relatively rare. The several months estimation is only valid for the recent cases. Withholding of removal under CAT does not allow you to get a Green Card or to petition to bring family members to come to, or remain in, the United States. Some of the information you will be asked about will be very personal, and you might find it hard to discuss. If necessary, the asylum officer will also determine whether you demonstrated eligibility for withholding of removal or protection under the Convention Against Torture (CAT) based on the record before USCIS; or, Issue a Notice to Appear before an immigration judge (IJ) with the Department of Justices Executive Office for Immigration Review (EOIR) for consideration of your asylum, withholding of removal, and CAT protection claims. Aforementioned Centered Company on the Reception of Asylum Seekers (COA) is responsible for and reception, supervision also departure (from the reception centre) of asylum seekers. Your attorney will also have a chance to make a short statement to the AO, and to clarify any concerns that the AO might have. If an asylum officer does not find that you have a credible fear of persecution or torture, you may request that an IJ review that determination. Who Should Come with You to Your Asylum Merits Interview? The entire interview will likely take at least an hour, depending on the particular facts of your case, and on what questions your AO decides to ask. This is known as an Asylum Merits Interview. The asylum officer will verify your identity and the identity of any spouse or child included in your application and ask you basic biographical questions and the reasons you are applying for asylum, withholding of removal, or CAT protection. Second Asylum Interview Experiences - Immigration PDF Asylum interviews - GOV.UK The AO's role is to test your credibility and your legal claim to asylum. For more information, see the Obtaining Asylum in the United Statesand Asylum Merits Interview with USCIS: Processing After a Positive Credible Fear Determinationpages.
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