Decisions On Asylum Claims
How Will the Asylum Officer Make the Decision About Whether To Grant Me Asylum?
The Asylum Officer will evaluate your testimony, the information you provide on your application, and any supplementary materials you submit to determine if you are a refugee and whether any mandatory bars apply. The Asylum Officer will consider country condition information from reliable sources and will consider the relevant law found in the Immigration and Nationality Act (INA), the regulations found in Title 8 of the Code of Federal Regulations, and case law. The Asylum Officer will also evaluate the credibility of your claim. See 8 CFR § 208.9. When Will I Be Notified About the Decision on My Asylum Claim?
In most cases, you will return to the asylum office where your interview was held two weeks after the interview to pick up your decision. However, there may be longer processing times if you were interviewed at a district office, are currently in valid status, or if your case will be reviewed by Asylum Division Headquarters staff. You will generally receive the decision by mail if any of these circumstances occur. What Will Be My Status After I Am Granted Asylum?
You will have asylee status. You will receive an I-94 Arrival and Departure record documenting that you are able to remain indefinitely in the United States as an asylee. You will be authorized to work in the United States for as long as you remain in asylee status. You may obtain a photo-identity document from USCIS evidencing your employment authorization by applying for an Employment Authorization Document (EAD). You will also be able to request derivative asylum status for any spouse or child (unmarried and under 21 years of age as of the date you filed the asylum application, as long as your asylum application was pending on or after August 6, 2002) who was not included as a dependent in your asylum decision and with whom you have a qualifying relationship. This means that you will be able to petition to bring your spouse and/or children to the United States, or allow them to remain in the United States indefinitely incident to your asylee status. To What Benefits May I Be Entitled After I Am Granted Asylum?
Asylees are eligible to apply for certain benefits, including an Employment Authorization Document (EAD), an unrestricted Social Security card, cash and medical assistance, employment assistance, and a Refugee Travel Document. For more information on the benefits and responsibilities associated with asylee status, see Types of Decisions, Grant of Asylum, or information for asylees on the website of the Office of Refugee Resettlement. Can Asylum Status Be Terminated?
Yes. Your asylee status may be terminated if you no longer have a well-founded fear of persecution because of a fundamental change in circumstances, you have obtained protection from another country, or you have committed certain crimes or engaged in other activity that makes you ineligible to retain asylum status in the United States. See INA § 208(c)(2). An asylee is not a lawful permanent resident. You may apply for lawful permanent resident status after you have been physically present in the United States for a period of one year after the date you were granted asylum status. See Asylee Adjustment for more information about becoming a lawful permanent resident. The law can be found at INA § 209(b). What is a Recommended Approval of Asylum?
You will receive a recommended approval of asylum if an Asylum Officer has made a preliminary determination to grant you asylum, but USCIS has not received the results from the mandatory, confidential investigation of your identity and background. If the results reveal derogatory information that affects your eligibility for asylum, USCIS may deny your request for asylum or refer it to an Immigration Judge for further consideration. See Recommended Approval. What is a Conditional Grant of Asylum?
Prior to the passage of the Real ID Act of 2005, applicants who were found eligible for asylum based on past persecution or a well-founded fear of persecution solely on account of resistance to a coercive population control (CPC) program were subject to a 1,000-per-year statutory limit on grants of asylum based on CPC, and were given a conditional grant until a final approval authorization number bacame available within the annual 1,000 cap. Section 101(g)(2) of the Real ID Act of 2005 eliminated this annual 1,000 cap, and asylum offices have heen issuing final, as opposed to conditional, asylum approvals to new, qualified applicants whose asylum claims are based solely on CPC, as well as to applicants who had previously been given a conditional grant, provided that they clear background check requirements and otherwise qualify for asylum status. See Resistance to Coercive Population Control (CPC) Programs for more information. What is a Notice of Intent to Deny?
You will receive a Notice of Intent to Deny if you are currently in valid status and found ineligible for asylum. You will have 16 days to provide a response to the letter. The Asylum Officer will then either approve or deny the claim. See Notice of Intent to Deny. What is a Final Denial?
You will receive a Final Denial of your asylum claim if you received a Notice of Intent to Deny (NOID) and either did not provide a response to the letter within 16 days, or the Asylum Officer determined that the evidence or argument you provided failed to overcome the grounds for denial as stated in the NOID. See Final Denial. What Does It Mean to be Referred to Immigration Court?
This means that the Asylum Officer was unable to approve your asylum application and you are not currently in valid status. You will receive charging documents that place you in removal proceedings in Immigration Court. Your asylum application will be referred to the Immigration Court for an Immigration Judge to decide during the removal proceedings. See Referral to an Immigration Court. Where Can I Find Further Information if My Asylum Claim is Referred to Immigration Court?
The Immigration Courts are located within the Executive Office for Immigration Review at the U.S. Department of Justice. Information about the Immigration Courts can be found at www.usdoj.gov/eoir or you can call their electronic information system at 1-800-898-7180. You will need your A-number to get information on your case. This telephonic information system can give you information about your next hearing date, time and location; elapsed time and status of the clock for asylum cases; Immigration Judge decision information; case appeal information, including appeal due date, brief due date, date forwarded to the Board of Immigration Appeals (BIA), and BIA decision and decision date. If the Immigration Judge denies your asylum application, you will receive a notice telling you how to appeal the decision.
Generally, you may appeal within 30 days of receiving the denial. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, DC. For more information, see the Executive Office for Immigration Review’s website at www.usdoj.gov/eoir.
Other
Do I Need to Notify USCIS If I Move?
See How Do I Report a Change of Address to USCIS?You must also notify in writing the local asylum office where you case is pending of any change of address. Please see “Change of Address” on your local asylum office page for more information: Arlington, VA; Chicago, IL; Houston, TX; Los Angeles, CA; Miami, FL; Newark, NJ (Lyndhurst); New York, NY (Rosedale); and San Francisco, CA.
The regulation pertaining to change of address can be found at 8 CFR 265.1.
Special note for class members of the American Baptist Churches V. Thornburgh (ABC) settlement agreement: ABC class members are instructed to follow the same procedures as all other asylum applicants for reporting a change of address. See How Do I Report a Change of Address to USCIS? Please note, on November 30, 2005, the ABC Project Post Office Box was officially closed and use of Form I-855, ABC Change of Address Form, discontinued. Any mail sent to the ABC Project Post Office Box will be returned to sender if the mail contains a return address, or destroyed if it does not. See USCIS Announces New Address Change Procedures for ABC Class Members and Follow-Up Message: USCIS Announces New Address Change Procedures for ABC Class Members (11/30/05).
How Can I Find Out About the Status of My Application?
There are two ways to find the status of a pending asylum application: you may write to the Asylum Office having jurisdiction over your case or you may visit the Asylum Office where your case is pending. You should be prepared to provide the following information:
- Alien number (“A-Number”)
- Current legal name and, if different, the name as it appears on the application
- Nationality
- Date of birth
- Current address
- Date of interview, if applicable
If you are sending your request in writing, you should sign the request and mark your envelope: ATTN: Status Inquiry. The eight asylum offices are located at: Arlington, VA; Chicago, IL; Houston, TX; Los Angeles, CA; Miami, FL; Newark, NJ (Lyndhurst); New York, NY (Rosedale); and San Francisco, CA. Will I Be Able To Petition To Bring My Family To The United States?
If you are granted asylum, you may request derivative asylum status for any spouse or child (unmarried and under 21 years of age as of the date you filed the asylum application was pending on or after August 6, 2002) who was not included in your asylum claim and with whom you have a qualifying relationship. You must submit a Form I-730, Refugee and Asylee Relative Petition, to the Nebraska Service Center, P.O. Box 87730, Lincoln, NE 68501-7730. The Form I-730 must be filed for each qualifying family member within 2 years of the date you were granted asylum status, unless USCIS determines that this time period should be extended for humanitarian reasons. See How Do I Get My Spouse or Children Derivative Asylum Status in the United States? When Can I Apply To Become a Lawful Permanent Resident?
You may apply for lawful permanent resident status under INA § 209(b) after you have been physically present in the United States for a period of one year after the date you were granted asylum status. To apply for lawful permanent resident status, you must submit a separate Form I-485, Application to Register Permanent Residence or Adjust Status, for yourself and each qualifying family member to the Nebraska Service Center, P.O. Box 87485, Lincoln, Nebraska, 68501-7485. See Asylee Adjustment. Will I Get a Work Permit?
Asylum applicants cannot apply for employment authorization at the same time they apply for asylum. You will be authorized to work in the United States if you are granted asylum and as long as you remain in asylum status. You are also eligible to apply for employment authorization if you have been given a recommended approval or conditional grant of asylum. You can also apply for work authorization before a decision is made on your claim if 150 days has passed since you filed your complete application with the Service Center and no decision has been made on your application. USCIS has 30 days to either grant or deny your request for employment. The application to apply for an Employment Authorization Document (EAD) is the Form I-765. Please see Form I-765, Application for Employment Authorization, and How Do I Get a Work Permit? for more information.
If you are granted asylum before an Immigration Judge and need information on work authorization, see “Notice to Individuals Granted Immigration Benefits by Immigration Judge or Board of Immigration Appeals (BIA)”.
Effective November 10, 2002, asylum applicants who have been granted asylum will no longer have to file an EAD application with the Nebraska Service Center in order to obtain an initial EAD. Section 309 of the Enhanced Border Security and Visa Entry Reform Act of 2002 requires USCIS to issue an employment authorization document containing at least a fingerprint and photograph to an asylee immediately upon a grant of asylum. If an asylee wishes to renew his or her EAD, the asylee will still need to submit an EAD application with the Nebraska Service Center, and pay a fee or request a fee waiver under 8 CFR § 103.7(c). However, asylees are work-authorized regardless of whether or not they are in possession of an EAD. An asylee may want to obtain an EAD from USCIS in order to meet other obligations. For example, the EAD, which is evidence of both identity and employment authorization, can be presented to an employer as a List A document of the Employment Eligibility Verification form (Form I-9). Also, the EAD can serve as evidence of alien registration, which is required by law to be carried by registered aliens at all times.
Can I Travel Outside the United States?
If you are applying for asylum and want to travel outside the United States, you must receive advance permission before you leave the United States in order to return to the United States. This advance permission is called Advance Parole. If you do not apply for Advance Parole before you leave the country, you will be presumed to have abandoned your application with USCIS and you may not be permitted to return to the United States. If you obtain advance parole and return to your country of feared persecution, you will be presumed to have abandoned your asylum request, unless you can show compelling reasons for the return. If your application for asylum is approved, you may apply for a Refugee Travel Document. This document will allow you to travel abroad and return to the United States. For more information on both Advance Parole and Refugee Travel Documents, see How Do I Get a Travel Document? and Form I-131, Application for Travel Document.
How Does the Asylum Program Assure Quality and Consistency in its Asylum Decisions?
The Asylum Program assures the quality of its programs through its Quality Assurance and Training Branch by:
- conducting a mandatory and comprehensive 5-week training program on asylum law, interviewing skills and analysis (Asylum Officer Basic Training Course) for all incoming asylum officers
- requiring 100% review of all asylum decisions by a Supervisory Asylum Officer
- placing one or more Quality and Assurance Trainers in every Asylum Office to conduct training programs, observe asylum interviews, and review decisions
- setting aside 4 hours every week for in-house training in the asylum offices
- requiring Asylum Division Headquarters review of certain cases
- conducting supervisory training programs
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