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. 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. There seems to be several different reasons. Avvo Rating: 7.9. 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. 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. The AO might ask you a general question about it (such as, "So, tell me, why are you seeking asylum?") Review our. NOTE:If the interview notice was not mailed to the most recent address you provided to USCIS, then the asylum office will reschedule the interview without requiring exigent circumstances. 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!! A. It may not display this or other websites correctly. You will be called for an affirmative asylum interview with an Asylum officer (not a judge!) For information on ways to obtain asylum, see theObtaining Asylum in the United Statespage. https://forums.immigration.com/threads/waiting-asylum-decision.296692/page-92. 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. For more information on confidentiality and the asylum process, please visit ourFact Sheet on Asylum Confidentiality (PDF, 350.1 KB). An asylum officer will decide whether you are eligible for asylum. 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. what if addresses on Interview notice and Driver license are different? My clock 2 months ago stopped for 1 or 2 weeks couldnt remember and my clock was running suddenly one day they counted all days that were not counted but maybe you have a different situation, I applied in Jan 2021, had my interview in march 2021, according to that my EAD clock days should be 104 days but from yesterday it's saying 500 days, and the clock still running, it's making me confused and concerned because I wanted to apply for EAD so I can work, how are you checking the ead clock?, there is no time showing in the case states no more. 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). if you are unable to go at the specified date and time, you can request that the interview be rescheduled. 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. Do Not Sell or Share My Personal Information. I and my lawyer went to the asylum office for the second interview. In addition, if you think additional evidenceincluding country condition evidencewould be beneficial for your case, you should gather and submit that. 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. Then asked for extension for rebuttal but the AO asked for follow up interview ( the days still running until 2nd interviw). The strongest candidates after the second interview will be called and extended a tentative job offer. Every individual who applies for asylum will be subject to a series of background and security checks. If you do not understand a question, tell the officer that you do not understand. (202) 328-1353 Amending or Supplementing Application for Asylum. It can be a very long and difficult interview. If you're under 18 Asylum interview Your asylum interview will take place soon after your screening. This second interview is known as an Asylum Merits Interview. A. The attorney listings on this site are paid attorney advertising. 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!). Please reference the Terms of Use and the Supplemental Terms for specific information related to your state. 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. Immigration Attorney in Casselberry, FL. But questions were same. 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? For more information about Green Cards, seeourGreen Cards for Asyleespage. Q. 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. 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. Q. A number of factors can cause U.S. The immigration bureau office at Suan Phlu 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 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. Website. Your ability to obtain asylum depends on that. Hello Jason, 16K views 1 year ago How to Apply for Asylum Allen Schwartz, a former USCIS Asylum Officer, offers insight and information about the Asylum Interview process. If an asylum officer finds that you have a credible fear of persecution or torture, we may either: If an asylum officer finds that you do not have a credible fear of persecution or torture, you can request review by an IJ. It is important to take second interviews seriously. You must demonstrate that your failure to appear at the interview was due to "exceptional circumstances." Your interpreter will also be asked to take an oath. They also asked me to come back if i did not receive the decision in 60 days. 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. The Trump administration used fast-track reviews from October 2019 until March 2020, when it began using a 1944 public health law known as Title 42 to expel immigrants on the grounds of preventing the spread of COVID-19. More 0 found this answer helpful | 1 lawyer agrees Helpful Unhelpful 0 comments 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 . The attorney can help make sure that your interview is conducted appropriately and that any legal issues that might arise get clarified. 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. We are dedicating specially trained refugee officers to the centers. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Q.; What Is a Credible Fear of Torture? Do not exaggerate. 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. A. 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. 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. JavaScript is disabled. 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. According to the most recent data, there are about 435,000 affirmative cases pending at the Asylum Offices nationwide. The obvious answer is to prepare for the worst. The AO will have reviewed your asylum application and your immigration file before interviewing you. Citizenship and Immigration Services ( USCIS) to deny applications for asylum from people who are afraid of persecution in their home country. Only IJs and the Board of Immigration Appeals may grant statutory withholding of removal. JDzubow(at)DzubowLaw.com, So why are second interviews needed? If you are arriving from Canada, we will decide if you must seek protection in Canada instead of the United States. 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). A grant of asylum allows you to apply for: SeeBenefits and Responsibilities of Asyleesfor more information on how to obtain these benefits. Fortunately, asylum is an area where you'll find a lot of help from volunteer attorneys or nonprofit (charitable) organizations serving immigrants and refugees. 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. If you look at the Direct Filing Addresses for Form I-131, available at http://www.uscis.gov, you should see info about that; it should not link you back to the EAD. However, you may be removed to a third country where your life or freedom would not be threatened. I was granted asylum a few months ago in the US. No. By law, USCIS must give you a second chance to pass these tests. 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? could you please share your experience with second interview? Q. Were included in the positive credible fear determination; or. Take care, Jason. 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. Find 24 ways to say ASYLUM, along with antonyms, related words, and example sentences at Thesaurus.com, the world's most trusted free thesaurus. 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, 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), Form I-589, Application for Asylum and for Withholding of Removal, Questions and Answers: Credible Fear Screening, USCIS Extends Flexibility for Responding to Agency Requests, EOIR Recognition and Accreditation Program, EOIRs list of pro bono (free) legal service providers by state, Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, Arlington Asylum Office Attorney Opt-in Template (PDF, 205.99 KB), Boston Asylum Office Attorney Opt-in Template (PDF, 202.69 KB), Chicago Asylum Office Attorney Opt-in Template (PDF, 221.72 KB), Houston Asylum Office Attorney Opt-in Template (PDF, 218.94 KB), Los Angeles Asylum Office Attorney Opt-in Template (PDF, 242.8 KB), Miami Asylum Office Attorney Opt-in Template (PDF, 221.12 KB), New Orleans Asylum Sub-Office Attorney Opt-in Template (PDF, 222.01 KB), New York Asylum Office Attorney Opt-in Template (PDF, 220.71 KB), Newark Asylum Office Attorney Opt-in Template (PDF, 223.29 KB), Newark Asylum Office/Manhattan BranchAttorney Opt-In Template (PDF, 223.78 KB), San Francisco Asylum Office Attorney Opt-in Template (PDF, 221.77 KB), TampaAsylum Office Attorney Opt-in Template (PDF, 210.56 KB), Fact Sheet on Asylum Confidentiality (PDF, 350.1 KB), Section 208(c)(2) of the Immigration and Nationality Act, Form I-730, Refugee/Asylee Relative Petition, Form I-485, Application to Register Permanent Residence or to Adjust Status, USCIS Welcomes Refugees and Asylees (PDF, 1.78 MB), Notice of Proposed Settlement and Hearing In Class Action Involving Detained Noncitizens Who Are Awaiting a Reasonable Fear Determination, Minor Children Applying for Asylum By Themselves, Immigration through the Nicaraguan Adjustment and Central American Relief Act (NACARA) Section 203, "How Do I" Guides for Refugees and Asylees, Basic Eligibility for Section 204(l) Relief for Surviving Relatives, Asylum Division Quarterly Stakeholder Meeting, Retain your application for asylum and schedule you for a second interview, known as an Asylum Merits Interview, to determine whether you are eligible for asylum. After receiving your notice, review it carefully to make sure you fully understand the date/time, location, and current rules surrounding asylum interviews. Do not let that affect you, and do not get aggravated. You must file the petition within 2 years of being granted asylum unless there are humanitarian reasons to excuse this deadline. Citizenship and Immigration Services ("USCIS"), it will schedule you for an interview with an Asylum Officer ("AO") at your local asylum office. Immigrant Visas (Green Cards) Political Asylum in USA Asylum clock stopped after 2nd interview Asylum_S Apr 30, 2019 1 2 Next A Asylum_S Active Member Apr 30, 2019 #1 Hi I have my 1st interview a 2 months ago and were asked to have a second interview. So why are second interviews needed? Would you like to share and describe the circumstance under which you escape your country of origin ? Do any of you have similar experience ? Your attorney and interpreter (if any) will also come along. 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. 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.
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