Witnesses can be family members or anyone who has firsthand knowledge of the story. If necessary, an asylum officer will also determine whether you demonstrated eligibility for withholding of removal or protection under CAT based on the record before USCIS. First, you'll want to make sure to arrive at the location and the time specified in the interview notice. Entitlement to Deferral of Removal Under CAT. The proposed amendments to this section clarified that an asylum applicant's failure to appear for an asylum interview or biometric services appointment may lead to referral or dismissal of the asylum application, and may be treated as an applicant-caused delay affecting eligibility for employment authorization. Do not let that affect you, and do not get aggravated. JavaScript is disabled. A .gov website belongs to an official government organization in the United States. For more information, see the Obtaining Asylum in the United Statesand Asylum Merits Interview with USCIS: Processing After a Positive Credible Fear Determination pages. Posted on May 25, 2021. Q. 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. The only people who cannot be witnesses are interpreters and representatives that the applicant brings to the asylum interview. An Employment Authorization Document (EAD); A Green Card (lawful permanent resident status); and. (If you need to reschedule your interview, see What to Do If You Can't Make Your Asylum Interview.). You may include your spouse and unmarried children who are under 21 years of age in your asylum application only if they: If USCIS does not grant you asylum, an asylum officer will determine whether there is a significant possibility that your spouse or child included in your application have experienced or fear harm that would be an independent basis for asylum, withholding of removal, or protection under CAT. Treat the interview as an important event and dress in a respectful manner. Take care, Jason. 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. Fortunately, asylum is an area where you'll find a lot of help from volunteer attorneys or nonprofit (charitable) organizations serving immigrants and refugees. Q. Good luck, Jason. For a better experience, please enable JavaScript in your browser before proceeding. If the asylum officer does not grant you asylum: The written record of your positive credible fear determination will be treated as your application for asylum. Tens of thousands have come to the UK through the 'Homes for Ukraine' programme, offering a legal route to the UK and an alternative to the tortuous asylum procedure other refugees need to go through. Any unanswered questions or incomplete answers on the application are resolved at the interview. You will be asked to take an oath promising to tell the truth during the interview. I suppose it also depends on what you need and who you need to prove this to. Q. Asylum Officer will ask why you do not want to return to your country. We will notify you in writing whether we will reschedule your interview. or might ask specific questions about information you had included in your asylum application or in any supporting documents. The translator must certify that they are competent to translate the language used in the document into English. Erdogan told TRT Turk television late Sunday that the IS leader, code-named Abu Hussein al-Qurayshi, had been killed in a strike the previous day after a lengthy pursuit by the Turkish intelligence agency, MIT. They will interview applicants for the U.S. Can anyone please share their timeline from the Texas office for travel parole, That seems too long maybe you can call USCIS at 800-375-5283. Refugee Admissions Program and provide for the swift processing . If you do not understand a question, tell the officer that you do not understand. Your attorney or accredited representative will also have the opportunity to briefly ask you or any witness follow-up questions. A. Maybe the AOs supervisorwho must approved each decisionneeded additional testimony. See8 CFR 103.2 (b)(9). Maybe if you can talk to the people who interviewed you, they can give you an idea about this. 3. However, you may be removed to a third country where your life or freedom would not be threatened. If you do not make your rescheduling request until the date of your interview or 15 days thereafter, or if this is your second or third request to reschedule, you must provide information showing that you have a "good cause" reason for needing to postpone. Your attorney and interpreter (if any) will also come along. Q. If an asylum officer finds you do not have a credible fear of persecution or torture, you can request review by an IJ. Retain and consider your application for asylum and also consider your eligibility for withholding of removal and protection under the Convention Against Torture (CAT) in a second interview. Only IJs and the Board of Immigration Appeals may grant statutory withholding of removal. It also will not give you the right to apply for status as a lawful permanent resident. To qualify for withholding of removal under section 241(b)(3) of the INA (known as statutory withholding of removal), you must establish that it is more likely than not that your life or freedom would be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion in the proposed country of removal. If it is more likely than not that you will be tortured in a country, but you are subject to a mandatory bar to withholding of removal, your removal will be deferred under 8 CFR sections 208.17(a) and 1208.17(a). The AO will not reach a decision on your asylum application at the time of your interview. Referred to Court After second asylum interview | US Immigration forums hosted by the Law offices of Rajiv S. Khanna, PC for the community. the redirected link yuore mentioning is correct; I sent mine last week at new address, received receipt today. I wrote about that on June 24, 2016. Actully I was interviewd by asylum office. You have the right to bring an attorney or accredited representative to your Asylum Merits Interview and to any immigration proceedings before the immigration court, at no cost to the U.S. government. So why are second interviews needed? If you move to a new address and give up the old address, you have to inform USCIS. NOTE:If USCIS retains your asylum application for an Asylum Merits Interview after a positive credible fear determination, the USCIS COVID-19 flexibilities for responding to agency requests that have been extended through July 25, 2022, do not apply to you. For more information about asylum, seeourAsylum Questions and Answerspage. What is a Credible Fear of Persecution? (With many applicants waiting years for their interviews, it's common to need to update the officer about things like a new job, new child, or marriage or divorce.). File at the Chicago office. A grant of asylum allows you to apply for: SeeBenefits and Responsibilities of Asyleesfor more information on how to obtain these benefits. The substantive interview could be the most important part of your asylum application. Hello Jason, After the Asylum Application is Adjudicated: If you aregrantedasylum, you are immediately authorized to work. 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. If you were placed in expedited removal proceedings, you received a positive credible fear determination, and USCIS retained your asylum application or accepted your case (after an IJ vacated an asylum officers negative credible fear determination and issued a positive credible fear determination, and your case was referred back to USCIS for further consideration), we will schedule you for a second non-adversarial interview with a USCIS asylum officer. It is important to take second interviews seriously. Hello Community, A credible fear of persecution is a significant possibility that you can establish in an Asylum Merits Interview before an asylum officer or in proceedings before an IJ, that you have been persecuted or have a well-founded fear of persecution on account of your race, religion, nationality, membership in a particular social group, or political opinion if returned to your country. They also asked me to come back if i did not receive the decision in 60 days. I have got citizenship interview notice which is due after 24 days and I have filled A-11 form to change my home and Mailing address which is just one mile away from previous address in same county.will it postpone my interview? The length of the interview, however, is not indicative of whether or not you will be granted asylum. In my own practice, second interviews are relatively rare. A grant of asylum in the U.S. does not expire. Committed certain crimes or engaged in other activities that make you ineligible to retain asylum in the United States. I did a post on October 20, 2015 listing some reasons for headquarters review. Often, the officer will not know, but there is no harm in asking. Find 24 ways to say ASYLUM, along with antonyms, related words, and example sentences at Thesaurus.com, the world's most trusted free thesaurus. There are no mandatory bars to establishing a credible fear or persecution or torture. Are There Any Mandatory Bars to Establishing a Credible Fear of Persecution or Torture? The AO might ask you a general question about it (such as, "So, tell me, why are you seeking asylum?") In person, you must submit it no later than 7 calendar days before the scheduled Asylum Merits Interview; or. If any of the documents are not in English, make sure to bring their translations, and translation certificates. Take care, Jason, Thank you Jason! There seems to be several different reasons. Rwanda says it can process 1,000 asylum seekers during the trial period, but has capacity for more. The asylum officer will also ask you questions to determine if you are barred from asylum, statutory withholding of removal, or withholding of removal under CAT. Some of the information you will be asked about will be very personal, and you might find it hard to discuss. In this video, we gonna talk about the Asylum interviews. You must bring originals of all the documents you relied on in your asylum applicationsuch as your identity documents, travel documents, birth certificate, affidavits and declarations, photographs, and medical records. To apply for a Green Card, file Form I-485, Application to Register Permanent Residence or to Adjust Status. What to Expect at Your Asylum Merits Interview? Withholding of removal and protection under CAT eligibility is only determined for the principal applicant; a dependent cannot derive this status like they can asylum. Any person over the age of 18 who is not your attorney or a witness for your asylum claim can act as your interpreter. This Webinar will discuss the factors that go into an interview decision, why. Asylum offices use this system to verify the identity of applicants and dependents at the interview. Also, if you have notes from the prior interview(s), you should review those. How to prepare for the interview, what to expect and how to answer questions. If you do not request review by the IJ, or the IJ agrees with the negative credible fear determination, U.S. Immigration and Customs Enforcement (ICE) may remove you from the United States. (See sections 101(a)(42) and 208(b) of INA; 8 CFR sections 208 and 1208, et seq.). Q.; What Is a Credible Fear of Torture? For information on ways to obtain asylum, see theObtaining Asylum in the United Statespage. Were the AOs questions focused on certain parts of the case? The speedy screenings were among Trump-era immigration polices that Biden rolled back in a February 2021 executive order. In addition, if you think additional evidenceincluding country condition evidencewould be beneficial for your case, you should gather and submit that. Typically, rescheduled interview dates are within a month or two after the original interview date. How should you prepare? Hi, everyone! If your religion does not allow you to "swear" or take oaths, you can explain this to the officer and ask that you be allowed to "affirm or promise" that your testimony will be truthful. Torture is defined at 8 CFR sections 208.18(a) and 1208.18(a), which incorporate the definitions in Article 1 of CAT as implemented in U.S. law. The first is strengthened safeguards in asylum decision-making. Maybe the AOs supervisorwho must approved each decisionneeded additional testimony. Entitlement to Withholding of Removal Under Section 241(b)(3) of the INA. If you are submitting the information or additional evidence directly to an asylum office: If the asylum officer, in their discretion, finds good cause, they may consider amendments or supplements submitted after the 7- or 10-day (depending on the method of submission) deadline or may grant you an extension of time to submit additional evidence, provided the extension would not result in a delay in the adjudication of your case by USCIS more than 60 days from the date of filing. Guys though it is a very further step but still i would like to share . Your interview notice will tell you the date, location, and time of your interview. For details, see Chances of Winning a Grant of Asylum. In other cases, the AO may have questions only about a particular aspect of the case. There are certain exceptions to this rule, however, which can be found in the confidentiality regulation (see 8 CFR 208.6). Unfortunately, there is usually no way to know in advance why the Asylum Office has scheduled a second interview. The asylum officer will conduct the Asylum Merits Interview in a non-adversarial manner. This makes it more difficult to prepare, since what happens at the second interview depends on why that interview is needed. 19K views 9 months ago RIF Asylum Support was happy to welcome back Former Asylum Officer, Allen Schwartz. If i do not notify USPS my new address about one month and i am still using my old address, will the uscis deny my filing? You must file your application within 1 year from the date you arrived in the United States, or the immigration judge may find that you are barred from applying for asylum. According to the annual report of the Department of Homeland Security ( DHS ), in 2020 asylum was granted to 31,429 individuals. For more details, see Timing of the Affirmative Asylum Application Process. SeeFamily of Refugees & Asyleesfor more information on immigration benefits for your spouse and children. When you apply for asylum affirmatively by preparing and submitting Form I-589, within 21 days after you submit your asylum application to U.S. You and any dependents on your case will be issued a Notice to Appear in immigration court for streamlined Immigration and Nationality Act (INA) section 240 removal proceedings (streamlined removal proceedings), where you will have another opportunity to present your asylum claim before an IJ. For information, visit the. To qualify for asylum, you must establish that: This means that you must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be at least a central reason for your persecution or why you fear persecution. Take care, Jason. If you are arriving from Canada, we will decide if you must seek protection in Canada instead of the United States. AOs are trained to conduct asylum interviews, and are familiar with country conditions in your country. This is done to test your credibility (that is, believability). So how do you prepare for a second interview if you do not know what to expect? Generally, there is no review of the IJs determination that you do not have a credible fear of persecution or torture. Your application will usually be rejected if you do not go to your asylum interview.. The interpreter will also take an oath promising to interpret accurately and truthfully. The attorney can help make sure that your interview is conducted appropriately and that any legal issues that might arise get clarified. A request to reschedule an asylum interview must include the reason for the request and any relevant evidence. Jason Dzubow, Esq. Unfortunately, there is usually no way to know in advance why the Asylum Office has scheduled a second interview. We waited for about an hour, and after that we were informed that the interview has been scheduled by mistake and that I will receive the decision in mail. In the second extension of the temporary final rule, published at 85 FR 59655, DHS also amended 8 CFR 208.9(h)(1) . Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. (In rare cases, you might even be asked to return for a second interview, for example, if the officer who interviewed you left, and another is taking over your case.). A. . Do Not Sell or Share My Personal Information. In terms of what to expect at a second interview, you might be asked only a few perfunctory questions. The IJ will consider whether you are barred from a grant of asylum or withholding of removal. Asylum is a protection grantable to foreign nationals already in the United States or arriving at the border who meet the international law definition of a "refugee.". if you are unable to go at the specified date and time, you can request that the interview be rescheduled. In some states, the information on this website may be considered a lawyer referral service. Message. Allen Schwartz now has a. You are using an out of date browser. If necessary, an asylum officer will also determine whether you demonstrated eligibility for withholding of removal or protection under CAT based on the record before USCIS; or, Issue a Notice to Appear before an IJ for consideration of your asylum, withholding of removal, and CAT protection claims. within several months after you submit your application. "Exigent circumstances" must exist to reschedule an Asylum Merits Interview. Do not exaggerate. USCIS will send your biographical information to the Federal Bureau of Investigation (FBI) to conduct background and security checks. No. For that reason, it's a good idea to bring a friend with you, who can either take the children for a walk or wait with them. (844) 935-2374. How you dress should not influence an asylum officer. Since my first interview the USCIS case status shows decision was mailed after 2nd interview ( last friday) the clock stopped counting ( starting interview day) but EAD Clock is currently running. whether a potential asylum-seeker can obtain pro bono representation through NIJC. 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. If you have any questions about the time or place of your Asylum Merits Interview, please contact the asylum office with jurisdiction over your case for more detailed information. It may also be possible that he may be trying to verify some additional facts.It is important that you are not too enthusiatic and contradict the facts.Your credibility is the sole decsion maker along with meeting legal standards in asylum. I read all the related questions and it shows what i told you is right. You will not receive a written decision on your case at the conclusion of the Asylum Merits Interview. Your asylum interview will be conducted in private. Citizenship and Immigration Services ( USCIS) to deny applications for asylum from people who are afraid of persecution in their home country. If you are in expedited removal proceedings and indicate an intention to apply for asylum, express a fear of persecution or torture, or express a fear of return to your country, you will be referred to USCIS for a credible fear screening. No other officials will be in the room where you are interviewed. If we approve your application for employment authorization based on your pending asylum application [(c)(8) category], your Employment Authorization Document (EAD) will be valid for up to 2 years. did you receive decision after? However, despite these incentives, outsourcing asylum risks also creates tensions in partner states. However, we may terminate your asylum status if you: SeeSection 208(c)(2) of the Immigration and Nationality Actfor more information on the termination of asylum status. USCIS recognizes that for many applicants, hiring an interpreter for the asylum interview may be a costly expense and often requires travel and early scheduling, especially where the applicant speaks a less common language. Make sure you bring any identity documents you have for your children, including passports, birth certificates or national identity cards. Amending or Supplementing Application for Asylum. Also presently have an application for asylum pending adjudication with USCIS under this process. The information you share with the asylum officer is confidential. Allen Schwartz, a former USCIS Asylum Officer, offers insight and information about the Asylum Interview process. Q. This includes mandatory training requirements for authorities; a compulsory personal interview in all cases; requirements for a detailed report of the personal interview; and gender-sensitive procedures. Entitlement to Withholding of Removal Under CAT. Your lawyer has to submit a request for it along with a fee. Q. A. However, CAT does not prohibit the United States from returning you to any other country where you would not be tortured. Deferral of removal does not confer any lawful or permanent immigration status in the United States and does not necessarily result in release from detention. Form I-94, Arrival-Departure Record, if you received it when you arrived in the United States; The originals and 1 copy of any birth certificates, marriage certificates, or other documents to establish your relationship to your family members included in your asylum application; A copy of your record of credible fear determination and copies of any additional material that you previously submitted, in case the asylum office is missing any of this information; Any additional items you have available that document your claim and that you have not already shared or submitted; and. For access to the longer recording that includes the question and answer portion or if you have any further questions, please email us at info@rifnyc.org.CLICK HERE TO READ THE WEBINAR SUMMARY \u0026 FAQ:https://static1.squarespace.com/static/55e65ac9e4b028016a8e7b2b/t/61d869afa3de762da8aa89fe/1641572783165/Allen+Formatting+%281%29.pdf The decision will also include the asylum officers determination of your eligibility for withholding of removal and protection under CAT based on the record before USCIS. A certified translation of any document that is not in English; Any document in a language other than English must be accompanied by an English translation that the translator has certified is complete and correct. Your asylum interview is an important part of your asylum application, and it is important to be prepared. Bathe before the interview, and do not wear strong perfume or smoke, so that you don't distract the officer with odors to which he or she might be physically sensitive. But here, it seems you have temporarily left your home, and so it is still your permanent address. 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. You will receive a grant letter informing you of applicable benefits and related procedures. Though I havent seen any data to back this up, it seems to me that second interviews at the Asylum Office are becoming more common. They also will consider whether you are barred from a grant of asylum and whether you warrant a grant of asylum as a matter of discretion, and they will determine whether you demonstrated eligibility for withholding of removal or protection under CAT based on the record before USCIS. A. Asylum officers conduct interviews when you are subject to expedited removal and you tell U.S. Customs and Border Protection (CBP) or ICE: If you say you intend to apply for asylum, fear persecution or torture, or fear return, the Department of Homeland Security (DHS) will provide you information about the credible fear process. If you are unable to proceed with your Asylum Merits Interview effectively in English, the asylum officer will arrange for the assistance of a USCIS contract interpreter. Guaido said on Tuesday, April 25, 2023, that he is not . A. Why Will Asylum Officers Conduct Credible Fear Interviews? The addresses and locations for USCIS asylum offices are available using the AsylumOffice Locator. Often times, copies of documents are enough, especially if you explain why you cannot get originals (assuming you are comfortable explaining this to people). If a bar applies, but you established that you would be tortured in the country of return, the IJ will grant deferral of removal. If you still have your old address and can receive mail there, it seems to me that you should be fine. USCIS contract interpreters are carefully vetted and must meet high standards of competency.