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. To apply for employment authorization, you must file a Form I-765, Application for Employment Authorization. Maybe the AOs supervisorwho must approved each decisionneeded additional testimony. 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. If a mandatory bar applies, but you establish that it is more likely than not that you would be tortured if removed to the country of proposed removal, the IJ will grant you deferral of removal. Last updated: 19 April 2023 The asylum substantive interview is the big interview in the asylum process when the Home Office interviewer will ask in detail about your reasons for claiming asylum in the UK. More 0 found this answer helpful | 1 lawyer agrees Helpful Unhelpful 0 comments STOPPED means you won asylum but if it is still running ( with days the same) means Referral ( if you are out of status) or Denial if you are in status. Neither the applicant's attorney or accredited representative of record, a witness testifying on the applicant's behalf, nor a representative or employee of the applicant's country of nationality, or if stateless, country of last habitual residence, may serve as an applicant's interpreter. You have persecuted others on account of race, religion, nationality, membership in a particular social group, or political opinion; You have been convicted of a particularly serious crime; There are serious reasons for believing you committed a serious nonpolitical crime outside the United States; You have engaged in terrorist activity, are likely to engage in terrorist activity, have incited terrorist activity, or are a member or representative of a terrorist organization; There are reasonable grounds to believe that you are a danger to the security of the United States. Finally, many people want to know if a second interview indicates that a decision is imminent or whether it is a positive or negative sign about the cases outcome. 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. Although not required, it is a good idea to have your attorney come with you. I wrote about that on June 24, 2016. Immigration benefits for your spouse and unmarried children under the age of 21. 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 here). 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 more information on confidentiality and the asylum process, please visit ourFact Sheet on Asylum Confidentiality (PDF, 350.1 KB). They must bring any identity, travel, or other supporting documents they have in their possession with them. Do you recall making any mistakes? The information provided on this site is not legal advice, does not constitute a lawyer referral service, and no attorney-client or confidential relationship is or will be formed by use of the site. You will be scheduled for a non-adversarial Asylum Merits Interview with an asylum officer to establish that you are eligible for asylum. I did a post about expediting with USCIS on January 29, 2020 maybe that would give you some other ideas. the redirected link yuore mentioning is correct; I sent mine last week at new address, received receipt today. Who Should Come with You to Your Asylum Merits Interview? In terms of the outcome, my sense is that a second interview is not a positive or a negative sign. SeeFamily of Refugees & Asyleesfor more information on immigration benefits for your spouse and children. Rwanda says it can process 1,000 asylum seekers during the trial period, but has capacity for more. Allen Schwartz now has a. Is there any way in the U.S that I can prove that I graduated from college in my country without returning to my country? "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. After getting there, you should report to the receptionist or clerk. Some of these cases include more than one person, and so the total number of people waiting in the system is probably close to 800,000. JavaScript is disabled. The AO's role is to test your credibility and your legal claim to asylum. Take care, Jason, Thank you Jason! The asylum officer will first ask questions identifying the applicant and then will ask questions regarding why the applicant fears returning to the individual's country of origin to determine asylum eligibility. Some asylees choose to obtain EADs for convenience or identification purposes, but an EAD is not necessary to work if you are an asylee. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. You may receive your credible fear interview while in detention, consistent with current procedure. Were included in the positive credible fear determination; or. The asylum interview is an important part of the asylum process because it is the main opportunity for the claimant to provide relevant evidence about why they need international protection and for you, as the person conducting the interview, to help draw out and test that evidence. Do not let that affect you, and do not get aggravated. Take care, Jason. The background and security checks consist of the following: If an asylum officer grants you asylum, you will receive a letter and completed Form I-94, Arrival Departure Record, indicating that you have been granted asylum in the United States. In fact, you might want to prepare a written list of these to give to the officer, particularly if the changes are extensive. Contacting the USCIS field office or asylum office near your home. I wrote more about what evidence to submit here and about how to organize and submit that evidence here. The grant of asylum generally includes your spouse and unmarried children under the age of 21 who were included in your application for asylum. Treat the interview as an important event and dress in a respectful manner. I always follow this topic - If anyone says same happen to them you don't have to worry, it is common system issue. For more information about USCIS asylum and field offices, visit our Find A USCIS Office page. The biometrics recorded during the expedited removal process for you and any dependents may be used to verify identity and for criminal and other background checks, for purposes of the asylum application and consideration of eligibility for withholding of removal and protection under CAT. In person, you must submit it no later than 7 calendar days before the scheduled Asylum Merits Interview; or. If you are granted asylum, you and any eligible spouse or unmarried child who is under 21 years of age included in your application can remain and work in the United States and may eventually adjust status to lawful permanent resident (get a Green Card), which will enable you to sponsor certain family members to come to the U.S. An asylum officer will decide whether you are eligible for asylum. What could be the possible outcome ? You will receive a grant letter informing you of applicable benefits and related procedures. For more information on the bars to asylum, please visit theAsylum Barspage. Now after more than three & half years, we received a letter which is an appointment for an interview (for both my family and I) at the asylum office in less than two weeks, and it says to bring forms of identification and copies of evidence of relationship (which we provided on the first interview in '14). Im desperate here for a travel parole its been around 16 months since I applied, I need to see my family its been 7 years!! This is known as an Asylum Merits Interview. Generally, any dependents included on your application will also receive a Notice to Appear in streamlined removal proceedings as part of your case. You will likely be given the next available interview date, since your application now falls into the first priority of asylum cases being scheduled. 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. However, it is very important that you talk about your experiences so the asylum officer can determine whether you are eligible for asylum, withholding of removal, or protection under CAT. . As a preliminary matter, I wonder how common second interviews actually are. Would you like to share and describe the circumstance under which you escape your country of origin ? could you please share your experience with second interview? Take care, Jason. During the interview, the officer verifies that the applicant understood the questions on the application and provides the applicant with an opportunity to revise any answers completed incorrectly or that have changed since filing the application. The company has produced titles that capitalize on productions by major studios, often using film titles and scripts very similar to those of current blockbusters in order to lure customers. In my own experience, we often receive a decision within a few weeks or months after a second interview, but not always. You may be issued a Notice to Appear before an IJ for consideration of your asylum, withholding of removal, and CAT protection claims. This guidance tells you how to carry out effective asylum interviews to obtain relevant information to establish, as far as possible, whether the claimant meets the requirements for an asylum. If you do not understand a question, whether because of language or other issues, it's better to ask for clarification than to attempt to answer. The attorney can help make sure that your interview is conducted appropriately and that any legal issues that might arise get clarified. An official website of the U.S. Department of Homeland Security, An official website of the United States government, Consideration of Application for Asylum, Withholding of Removal, and Protection under CAT by USCIS, Asylum Merits Interview With an Asylum Officer, Missing Your Asylum Merits Interview (Failure to Appear), Rescheduling Your Asylum Merits Interview<, Bringing Your Family to the United States, Filing for Permanent Residence (Green Card), To protect your privacy, please do not include any personal information in your feedback. I was granted asylum a few months ago in the US. Then, you will be asked to explain why you are applying for asylum. Your asylum interview is an important part of your asylum application, and it is important to be prepared. the addresses on uscis have been updated. Hello Jason, I wrote more about what evidence to submit, Click to share on Twitter (Opens in new window), Click to share on Facebook (Opens in new window), Click to email a link to a friend (Opens in new window), Click to share on Reddit (Opens in new window), President Trumps Immigration Orders: Some Preliminary Thoughts, The Self-Fulling Prophecy of Demonizing Immigrants, What Asylum Seekers and Their Lawyers Need from President Biden: Predictability, Trump Campaigns Law Firm Represents Muslims, Mexicans, Criminal Aliens, The Benefits and Burdens of Court-Appointed Lawyers, Affirmative Asylum Backlog Grows at Unprecedented Rate, Adding a Dependent to an Existing Asylum Case. I moved to a new house and i did not permanently leave my old address. Official websites use .gov 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. It means I can not return to my country of nationality. A grant of asylum allows you to apply for: SeeBenefits and Responsibilities of Asyleesfor more information on how to obtain these benefits. Some cases, filed in 2015-2018 are pending for years in the United States. Message. If an asylum officer does not grant you asylum following an Asylum Merits Interview, you will receive written notice of the decision. When you file, Your case may be referred back to and accepted by USCIS for an Asylum Merits Interview; or. You and your attorney or accredited representative, if they are participating, will have time at the end of the interview to make a brief statement and add any additional information. Obviously, your second asylum application will need to address any problems that resulted in the denial of the first one. Q. Your asylum interview (or 'substantive interview') is an important step in your application for refugee status - it's a chance for you to put your case across to someone from the Home Office. Thank you will do. if you are unable to go at the specified date and time, you can request that the interview be rescheduled. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. In some states, the information on this website may be considered a lawyer referral service. 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. Citizenship and Immigration Services ("USCIS"), it will schedule you for an interview with an Asylum Officer ("AO") at your local asylum office. When you file the, Your case may be referred back to and accepted by USCIS for an Asylum Merits Interview; or. For more information on expedited removal and credible fear screenings, visit the Credible Fear Screenings and Questions and Answers: Credible Fear Screening pages. Please submit any urgent interview scheduling requests in writing to the asylum office with jurisdiction over your case. All dependents on your case who are not granted asylum as a principal or derivative asylee by USCIS will be issued a Notice to Appear in immigration court as part of your case, regardless of the outcome of the independent basis determination. It can be a very long and difficult interview. In addition, if you think additional evidenceincluding country condition evidencewould be beneficial for your case, you should gather and submit that. In other cases, the AO may have questions only about a particular aspect of the case. A. If you do not feel comfortable speaking in English, you must bring your own interpreter. If you do not request a review of the negative determination, or if an IJ affirms the negative credible fear determination, ICE may remove you from the United States. This page was not helpful because the content: Processes for Cubans, Haitians, Nicaraguans, and Venezuelans, Frequently Asked Questions About the Processes for Cubans, Haitians, Nicaraguans, and Venezuelans, Consideration of Deferred Action for Childhood Arrivals (DACA), DACA Litigation Information and Frequently Asked Questions, Filing Tips for Deferred Action for Childhood Arrivals, DED Covered Country Certain Hong Kong Residents, Frequently Asked Questions About Uniting for Ukraine, Information for Afghan Nationals on Requests to USCIS for Humanitarian Parole, Frequently Asked Questions About Urgent Humanitarian and Significant Public Benefit Parole for Afghans, Filipino World War II Veterans Parole Program, Cuban Medical Professional Parole (CMPP) Program, Refugee Adjudications: Policy and Procedures, Refugee Processing and Security Screening, Affirmative Asylum Frequently Asked Questions, Asylum Merits Interview with USCIS: Processing After a Positive Credible Fear Determination, Establishing Good Cause or Exceptional Circumstances for Rescheduling Affirmative Asylum Interviews, FACT SHEET: Implementation of the Credible Fear and Asylum Processing Interim Final Rule, Preparing for Your Affirmative Asylum Interview, Victims of Human Trafficking and Other Crimes, Victims of Criminal Activity: U Nonimmigrant Status, Victims of Human Trafficking: T Nonimmigrant Status, Resources for Victims of Human Trafficking and Other Crimes, Female Genital Mutilation or Cutting (FGM/C), U.S. - Canada Safe Third Country Agreement, Form I-589, Application for Asylum and for Withholding of Removal. The fingerprints recorded during the expedited removal process for you and any dependents are sent to the FBI to conduct background and security checks and are enrolled in the DHS Office of Biometric Identity Managements Automated Biometric Identification System. If an asylum officer finds that you do not have a credible fear of persecution or torture, you can request review by an IJ. If my cases are representative (and thats a big if), 5% of the roughly 435,000 pending cases is 21,750 second interviews, which is a lot of second interviews (on the other hand, who are we kidding at the rate cases are moving, most applicants will be lucky to get a first interview anytime soon, let alone a second interview!). (If you need to reschedule your interview, see What to Do If You Can't Make Your Asylum Interview.). In terms of what to expect at a second interview, you might be asked only a few perfunctory questions. 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. For information, visit the. The AO will review them before interviewing you. Second interview. My first interview took place in August 2018. o Previous entries into and exists from the United States, including deportations; o Past visas and interviews at U.S. Consulates and Embassies; Fortunately, asylum is an area where you'll find a lot of help from volunteer attorneys or nonprofit (charitable) organizations serving immigrants and refugees. Do NOT submit originals of your immigration or identity documents. 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. The second is further regulation of the use of detention. If your spouse or children under the age of 21 were included in (and named on) your asylum application, they must accompany you to the interview. 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. You are a refugee who is unable or unwilling to return to your country of nationality, or last habitual residence if you have no nationality, because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion; and. For more information, see the Obtaining Asylum in the United Statesand Asylum Merits Interview with USCIS: Processing After a Positive Credible Fear Determinationpages. As with first interviews, those applicants who are well prepared will have an increased likelihood of success. If you move to a new address and give up the old address, you have to inform USCIS. Can i ask you something here? Avvo Rating: 7.9. So you were scheduled for individual hearing a year after your MCH wow that's a quick one mine was scheduled 4yrs later. Hello Community, You do not need to file a Form I-589, Application for Asylum and for Withholding of Removal. Actully I was interviewd by asylum office. To apply for a Green Card, file Form I-485, Application to Register Permanent Residence or to Adjust Status. (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.). I had first interview and got NOID decision. Dzubow & Pilcher, PLLC Interviewing your client Start your interview inquiring about the potential client's immigration history. You may present witnesses and submit affidavits of witnesses. The AO will not reach a decision on your asylum application at the time of your interview. Find 24 ways to say ASYLUM, along with antonyms, related words, and example sentences at, the world's most trusted free thesaurus. Unfortunately, there is usually no way to know in advance why the Asylum Office has scheduled a second interview. I had affirmative asylum interview in November 2021. For a better experience, please enable JavaScript in your browser before proceeding. You will not receive a written decision on your case at the conclusion of the Asylum Merits Interview. Spouses and children would have to apply for such protection on their own and establish their own individual entitlement to protection. The AO might ask you a general question about it (such as, "So, tell me, why are you seeking asylum?") I and my lawyer went to the asylum office for the second interview. This makes it more difficult to prepare, since what happens at the second interview depends on why that interview is needed. 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). I passed my Asylum interview with UNHCR in Pakistan after one month UNCHR again called me and asked some questions regarding my case my question is this that totally how many interviews UNHCR take from asylum seekers and how much time take that an asylum seekers get the final decision? (See sections 101(a)(42) and 208(b) of INA; 8 CFR sections 208 and 1208, et seq.). 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. In some cases, the Asylum Officer (AO) completed the interview, but failed to gather all the relevant information from the applicant. According to the annual report of the Department of Homeland Security ( DHS ), in 2020 asylum was granted to 31,429 individuals. A. I checked where to send the RTD forms and found that the website sends me back to a link where Employment based forms are filed. For the regulations governing Asylum Merits Interviews, see 8 CFR 208.9. A good attorney can help you prepare your application and accompany you to the interview, thus improving your chances of obtaining asylum. Law360 (April 21, 2023, 10:23 PM EDT) -- A North Carolina resident on Friday took U.S. If you do not request a review of the determination, Immigration and Customs Enforcement (ICE) may remove you from the United States. In some cases, the Asylum Officer (AO) completed the interview, but failed to gather all the relevant information from the applicant. Only IJs and the Board of Immigration Appeals may grant withholding of removal or deferral of removal under CAT. If any of the documents are not in English, make sure to bring their translations, and translation certificates. Any person over the age of 18 who is not your attorney or a witness for your asylum claim can act as your interpreter. If you obtain an order withholding your removal to a particular country, you cannot be removed to that country where your life or freedom would be threatened. Some of the information you will be asked about will be very personal, and you might find it hard to discuss. JDzubow(at), So why are second interviews needed? mansions on fifth haunted, 60m sprint normative data, traffic accidents port angeles, wa,
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