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. First, you'll want to make sure to arrive at the location and the time specified in the interview notice. 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. Message. 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. Other travel or identification documents; and. 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 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. 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. The second part of the interview involves discussing the substance of your . Thai authorities should immediately investigate the death of an ethnic Uyghur asylum seeker who had spent nine years in immigration detention, Human Rights Watch said today (27 April). The obvious answer is to prepare for the worst. (But check in advance whether the office lets you bring in food.). They'll make a decision based on what you say. We are dedicating specially trained refugee officers to the centers. The interview conducted in 3 parts: 1. Here, we'll describe exactly what takes place at that interview. Entitlement to Deferral of Removal Under CAT. You can ask for a short break to compose yourself, and then try your best to tell the AO all the important facts. A .gov website belongs to an official government organization in the United States. The grant of asylum generally includes your spouse and unmarried children under the age of 21 who were included in your application for asylum. If you do not feel comfortable speaking in English, you must bring your own interpreter. Interviews usually occur within one day, but sometimes a second interview may be scheduled if there are lingering questions about . Hi, everyone! If you bring any new documents supporting your asylum application that you had not already submitted, provide them to the receptionist. A grant of asylum allows you to apply for: SeeBenefits and Responsibilities of Asyleesfor more information on how to obtain these benefits. Asylum Officer will ask why you do not want to return to your country. First, the Department of Homeland Security is proud to work with the State Department in establishing the Regional Processing Centers that Secretary Blinken described. EOIR only notifies individuals who are selected and does not make non-selection phone calls. Then asked for extension for rebuttal but the AO asked for follow up interview ( the days still running until 2nd interviw). Yes, you are correct.. Allen Schwartz now has a. Jason Dzubow, Esq. If you are scheduled for an Asylum Merits Interview at an asylum office and you have an attorney or accredited representative, they may participate in your interview remotely through a telephone connection. Asylum Merits Interview with USCIS: Processing After a Positive Credible Fear Determination. No other officials will be in the room where you are interviewed. You will have to contact the asylum office or tell the asylum officer at your Asylum Merits Interview that you want to include them on your application. The only family members you need to bring to the interview are those who are included in your asylum application. Posted on May 25, 2021. Allen Schwartz, a former USCIS Asylum Officer, offers insight and information about the Asylum Interview process. 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. 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. 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. 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). First, refugees may get stuck in transit because their asylum claims are rejected, or because . 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. The Asylum is an American independent film company and distributor that focuses on producing low-budget, direct-to-video films. In addition, DHS proposed to . 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. For a better experience, please enable JavaScript in your browser before proceeding. Q. We have the general authority to require and collect biometrics from any applicant, petitioner, sponsor, beneficiary, or other individual residing in the United States for any immigration and naturalization benefit. Take care, Jason. Were included in the positive credible fear determination; or. Entitlement to Withholding of Removal Under Section 241(b)(3) of the INA. But questions were same. What Will Happen if USCIS Retains my Asylum Application After an Asylum Officer Finds I Have a Credible Fear? FILE - Opposition leader Juan Guaido speaks during an interview with the Associated Press in Caracas, Venezuela, Thursday, Feb. 10, 2022. For information on the Credible Fear and Asylum Processing Interim Final Rule, see the FACT SHEET: Implementation of the Credible Fear and Asylum Processing Interim Final Rule. Thats not right because their system not working well so you should expect that your days will stop running each week for few days or maybe a day just give it a time and stay positive. 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. Your application will usually be rejected if you don't go to your interview. This sounds like a refugee case and I do not do such cases, so I cannot give you an idea about the time frame, sorry. How should you prepare? If you have asked for either a male or female interviewing officer then we will arrange this for you. 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. For more information, see theForm I-765webpage. 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. If a bar applies, but you established that you would be tortured in the country of return, the IJ will grant deferral of removal. For instance, you can: Do not be concerned if the AO asks you the same question several times or in several different ways. Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. Do not exaggerate. 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. An asylum officer will decide whether you are eligible for asylum. 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!! Do Not Sell or Share My Personal Information. USCIS will probably never return them. If you are arriving from Canada, we will decide if you must seek protection in Canada instead of the United States. After receiving your notice, review it carefully to make sure you fully understand the date/time, location, and current rules surrounding asylum interviews. 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. Some of the information you will be asked about will be very personal, and you might find it hard to discuss. A. For more information regarding employment authorization, see theAsylum webpage. Only IJs and the Board of Immigration Appeals may grant statutory withholding of removal. For more details, see Timing of the Affirmative Asylum Application Process. 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. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Take care, Jason. 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. Contacting the USCIS field office or asylum office near your home. The speedy screenings were among Trump-era immigration polices that Biden rolled back in a February 2021 executive order. 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. You may apply for asylum, withholding of removal, or protection under CAT before the IJ by filing Form I-589. USCIS contract interpreters are carefully vetted and must meet high standards of competency. The AO's role is to test your credibility and your legal claim to asylum. Do not guess. If this is your first request to reschedule and you submit your request in writing prior to the interview date, the Asylum Office will grant your rescheduling request. Unfortunately, there is usually no way to know in advance why the Asylum Office has scheduled a second interview. I did a post about expediting with USCIS on January 29, 2020 maybe that would give you some other ideas. SeeFamily of Refugees & Asyleesfor more information on immigration benefits for your spouse and children. 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. Q. It means I can not return to my country of nationality. 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 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. I always follow this topic - If anyone says same happen to them you don't have to worry, it is common system issue. What Will Happen if I Receive a Notice to Appear Before the Immigration Judge After an Asylum Officer Finds I Have a Credible Fear? It is probably better to change your license, as they may ask for it at the interview. 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. There is no fee to file this petition. There are no mandatory bars to establishing a credible fear or persecution or torture. 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. 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. Your asylum interview will be conducted in private. Generally, any dependents included on your application will also receive a Notice to Appear in streamlined removal proceedings as part of your case. Fortunately, asylum is an area where you'll find a lot of help from volunteer attorneys or nonprofit (charitable) organizations serving immigrants and refugees. Official websites use .gov For more information on confidentiality and the asylum process, please visit ourFact Sheet on Asylum Confidentiality (PDF, 350.1 KB). Unfortunately, there is usually no way to know in advance why the Asylum Office has scheduled a second interview. You warrant asylum as a matter of discretion. 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? It is Stopped.. but when i checked for the same in other topics in this blog.. i found for most of them it is Stopped.. I graduated from college back in my country but didnt bring my credentials while leaving the country. If you do request a review of the negative credible fear determination and an IJ finds that you have a credible fear of persecution or torture and vacates the asylum officers negative credible fear determination: If an IJ finds that you do not have a credible fear of persecution or torture, generally, there is no review of the IJs determination. Always be honest, detailed, and consistent with what you had stated in your application. 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. 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. To participate remotely, they must choose the document corresponding to the asylum office where we have scheduled your interview: Each document is specific to that asylum office. Q. The only people who cannot be witnesses are interpreters and representatives that the applicant brings to the asylum interview. 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. Take care, Jason, Thank you Jason! Your second interview for retesting will happen 60 to 90 days after the first. Family members are likely not to interpret word for word, and often add their own information. You are allowed to bring witnesses to the Asylum Office. Guys, if anyone been called for a second interview, please share your experiences here Let us know how long after your first interview was second interview conducted, if the same officer or different officer conduct the interview & what were the reason in your opinion for conducting second interview, such as : more clarification, makes no sense, some issues in the application, change circumstances in home country etc Also, if you have received the decision after second interview (approval, referral etc)., let us know how long you waited for the decision after second interview. My friend, bring a lawyer at your next interview. I did the 2nd interview last week on last Friday. 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. 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). 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. Hi Asylum_S, i guess it is a system issue.. For me to it remains same for last few days. 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. So how do you prepare for a second interview if you do not know what to expect? Avvo Rating: 7.9. We will notify you in writing whether we will reschedule your interview. Also, if you have notes from the prior interview(s), you should review those. After identifying each of your children, the officer will most likely suggest that they wait for you in the waiting room. The substantive interview could be the most important part of your asylum application. Take care, Jason. The Right To Asylum In The USA In 2023 The United States recognizes the right of asylum to certain aliens as specified in international refugee law. The United Nations 1951 Convention and 1967 Protocol define a refugee as a person who is unable or unwilling to return to his or her home country, and cannot obtain . As a preliminary matter, I wonder how common second interviews actually are. The asylum officer will conduct the Asylum Merits Interview in a non-adversarial manner. The only time you will not have to provide an explanation for your rescheduling request is if the interview notice was not mailed to the current address you most recently provided to USCIS. Depending on the other interviews and the AO's schedule that day, you might have to wait several hours. within several months after you submit your application. The independent basis determination for dependents does not affect the outcome of the case. If you are bringing children along, make sure to bring toys and snacks for them. 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.
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