They must bring any identity, travel, or other supporting documents they have in their possession with them. Here, we'll describe exactly what takes place at that interview. The only family members you need to bring to the interview are those who are included in your asylum application. You will not receive a written decision on your case at the conclusion of the Asylum Merits Interview. JavaScript is disabled. In other cases, maybe the AO quit or retired without finishing the case, and the notes are inadequate to reach a decision. 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. The translator must certify that they are competent to translate the language used in the document into English. Only adults and families who are placed in expedited removal proceedings after May 31, 2022, are potentially subject to an Asylum Merits Interview with USCIS after a positive credible fear determination. If you fail to appear for your Asylum Merits Interview, you must contact the asylum office in writing within 15 days to request that your case be rescheduled. Who Should Come with You to Your Asylum Merits Interview? Family members are likely not to interpret word for word, and often add their own information. A. 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. If you are bringing children along, make sure to bring toys and snacks for them. You will then be asked to wait for your interview. In some cases, country conditions change, and this may raise additional questions, or perhaps a change in the law necessitates another interview. 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. You may apply for a Green Card 1 year after being granted asylum. Your asylum interview is an important part of your asylum application, and it is important to be prepared. This makes it more difficult to prepare, since what happens at the second interview depends on, So how do you prepare for a second interview if you do not know what to expect? Looking for U.S. government information and services? Asylum Officer will ask why you do not want to return to your country. But in October 2022, Privilege Style - the airline which was scheduled to take asylum seekers to Rwanda - withdrew from its Home Office contract, after a campaign by refugee charities. Although not required, it is a good idea to have your attorney come with you. 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. What Will Happen if an Asylum Officer Does Not Find a Credible Fear? Posted on May 25, 2021. www.DzubowLaw.com Find 24 ways to say ASYLUM, along with antonyms, related words, and example sentences at Thesaurus.com, the world's most trusted free thesaurus. A grant of asylum allows you to apply for: SeeBenefits and Responsibilities of Asyleesfor more information on how to obtain these benefits. They'll make a decision based on what you say. They will interview applicants for the U.S. Your application will usually be rejected if you don't go to your interview. When you file, Your case may be referred back to and accepted by USCIS for an Asylum Merits Interview; or. 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. Have an immigration attorney prepare you for the second interview, and also go to the interview with you. You must log in or register to reply here. The AO will most likely begin by asking you about your identity and background, and will review your original identity documents that you have brought with you. Having your Attorney or Accredited Representative Participate in your Asylum Merits Interview from a Remote Location via Telephone. Did anything unusual happen? 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. 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. For more information on confidentiality and the asylum process, please visit ourFact Sheet on Asylum Confidentiality (PDF, 350.1 KB). In fact, you might want to prepare a written list of these to give to the officer, particularly if the changes are extensive. 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. This makes it more difficult to prepare, since what happens at the second interview depends on why that interview is needed. 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. Depending on where you live, we will schedule you for an Asylum Merits Interview. Do NOT submit originals of your immigration or identity documents. 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. The AO will review them before interviewing you. After receiving your notice, review it carefully to make sure you fully understand the date/time, location, and current rules surrounding asylum interviews. AOs are trained to conduct asylum interviews, and are familiar with country conditions in your country. 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. Can anyone confirm it please where I can send the RTD forms. You will be called for an affirmative asylum interview with an Asylum officer (not a judge!) 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. For more information about asylum, seeourAsylum Questions and Answerspage. 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. Any unanswered questions or incomplete answers on the application are resolved at the interview. 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. If an asylum officer finds you do not have a credible fear of persecution or torture, you can request review by an IJ. In some cases, the Asylum Officer (AO) completed the interview, but failed to gather all the relevant information from the applicant. However, they struggle to access qualified jobs, housing and healthcare. 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. 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. A credible fear of torture is a significant possibility that you can establish in an Asylum Merits Interview before an asylum officer or in proceedings before an IJ, that it is more likely than not that you would be subject to torture if returned to your country. How to prepare for the interview, what to expect and how to answer questions. Also presently have an application for asylum pending adjudication with USCIS under this process. FILE - Opposition leader Juan Guaido speaks during an interview with the Associated Press in Caracas, Venezuela, Thursday, Feb. 10, 2022. A. JDzubow(at)DzubowLaw.com. Which state are you in? 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. This makes it more difficult to prepare, since what happens at the second interview depends on why that interview is needed. To get my college credentials, I must be in my country, as the countrys law requires. You are using an out of date browser. Q. Please visit our Asylum page for information about how rescheduling your interview may affect permission to work in the United States. Citizenship and Immigration Services ( USCIS) to deny applications for asylum from people who are afraid of persecution in their home country. Then asked for extension for rebuttal but the AO asked for follow up interview ( the days still running until 2nd interviw). Depending on the other interviews and the AO's schedule that day, you might have to wait several hours. Entitlement to Withholding of Removal Under Section 241(b)(3) of the INA. or might ask specific questions about information you had included in your asylum application or in any supporting documents. Asylum officer will ask a series of 'yes or no' questions to make sure you are not barred You can ask for a short break to compose yourself, and then try your best to tell the AO all the important facts. We take no responsibility for the information presented here. Do i have to notify my new address with uscis and usps at the same time? The independent basis determination for dependents does not affect the outcome of the case. Exceptional circumstances is generally defined as circumstances (such as battery or extreme cruelty to the alien, or any child or parent of the alien, serious illness of the alien, or serious illness or death of the spouse, child, or parent of the alien, but not including less compelling circumstances) beyond the control of the alien. This list is not exhaustive. No. 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? So you were scheduled for individual hearing a year after your MCH wow that's a quick one mine was scheduled 4yrs later. I live in Illinois. The interview conducted in 3 parts: 1. For more information, see theForm I-765webpage. 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. There is currently (as of 2023) no fee to file Form I-589. 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. Also, if you have notes from the prior interview(s), you should review those. 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. 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. The Asylum Merits Interview will be recorded, and if USCIS does not grant you asylum, the recording of the interview will be transcribed, and the transcript will become part of the record in your case. Q. A. Fortunately, asylum is an area where you'll find a lot of help from volunteer attorneys or nonprofit (charitable) organizations serving immigrants and refugees. o Previous entries into and exists from the United States, including deportations; o Past visas and interviews at U.S. Consulates and Embassies; Your interview notice will tell you the date, location, and time of your interview. Dina Maribel Maravilla Campos . (202) 328-1353 The more facts your asylum application and your personal declaration contain, the longer your interview will probably last. 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. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. what if addresses on Interview notice and Driver license are different? The obvious answer is to prepare for the worst. Website. Generally, there is no review of the IJs determination that you do not have a credible fear of persecution or torture. In other cases, the AO may have questions only about a particular aspect of the case. If your rescheduling request is granted, you will receive a notice about four weeks before your new interview date. 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. 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. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. Looking for U.S. government information and services? In order to be granted asylum, you must be found credible. 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. The second is further regulation of the use of detention. . This second interview is known as an Asylum Merits Interview. Unaccompanied children are not subject to these procedures because they are statutorily exempt from being placed in expedited removal proceedings. 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. Home Forums Immigrant Visas (Green Cards) Political Asylum in USA Referred to Court After second asylum interview lola123456 Jul 2, 2019 1 2 Next L 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. Refugee Admissions Program and provide for the swift processing . Hello Jason, An asylum officer does not make a final decision whether you are subject to a mandatory bar to asylum or withholding of removal in the credible fear determination process. The asylum officer will know that it may be difficult for you to talk about traumatic and painful experiences that caused you to leave your country. 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. There seems to be several different reasons. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. Spouses and children would have to apply for such protection on their own and establish their own individual entitlement to protection. Ive been hearing reports about second (or third) interviews from others and we are seeing it in our own practice as well. It happened to me three weeks back too where clock in not running and it started to work after three days. Depending on the results of these mandatory checks, you may not merit a final grant of asylum, and we may refer your application to immigration court for removal proceedings. As a preliminary matter, I wonder how common second interviews actually are. Q.; What Is a Credible Fear of Torture? A. I wrote more about what evidence to submit here and about how to organize and submit that evidence here. The opportunity to waive the 48-hour waiting period. For more information on expedited removal and credible fear screenings, visit the Credible Fear Screenings and Questions and Answers: Credible Fear Screening pages. 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. I graduated from college back in my country but didnt bring my credentials while leaving the country. 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. The second interview is scheduled very close in time to the first. The Asylum Office Director might reschedule your interview instead of closing your case, but only if you provide a reasonable explanation for your failure to appear. Please submit any urgent interview scheduling requests in writing to the asylum office with jurisdiction over your case. Hello Jason, You are using an out of date browser. Some of the information you will be asked about will be very personal, and you might find it hard to discuss. You will receive a grant letter informing you of applicable benefits and related procedures. First, the Department of Homeland Security is proud to work with the State Department in establishing the Regional Processing Centers that Secretary Blinken described. JDzubow(at)DzubowLaw.com, So why are second interviews needed? This is known as an Asylum Merits Interview. If your attorney is running late or is unable to attend on the scheduled day, and you ask the AO to reschedule your interview for when your attorney is available, the AO might deny your request and conduct the interview as scheduled or refer your case to an Immigration Judge. Try to present evidence for your reason, such as a doctor's letter. More 0 found this answer helpful | 1 lawyer agrees Helpful Unhelpful 0 comments I was scheduled for a second interview. What Will Happen if an Asylum Officer Finds I Have a Credible Fear? An Employment Authorization Document (EAD); A Green Card (lawful permanent resident status); and. If you move to a new address and give up the old address, you have to inform USCIS. Generally, any dependents included on your application will also receive a Notice to Appear in streamlined removal proceedings as part of your case. Therefore, you do not need to file Form I-589, Application for Asylum and for Withholding of Removal. Some asylees choose to obtain EADs for convenience or identification purposes, but an EAD is not necessary to work if you are an asylee. On the other hand, you may need to re-do the entire interviewand answer questions in even more detail than at the first interview. the addresses on uscis have been updated. After identifying each of your children, the officer will most likely suggest that they wait for you in the waiting room. My RTD expired and I need to renew it. 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. 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. A .gov website belongs to an official government organization in the United States. Yes, i have done with my second too. Review our. Do not let that affect you, and do not get aggravated. You are allowed to bring witnesses to the Asylum Office. the redirected link yuore mentioning is correct; I sent mine last week at new address, received receipt today. The information you share with the asylum officer is confidential. The interpreter will also take an oath promising to interpret accurately and truthfully. 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. We will notify you in writing whether we will reschedule your interview. How you dress should not influence an asylum officer. Asylum Officer will first go through application form with you a. For more information regarding employment authorization, see theAsylum webpage. For more details, see Timing of the Affirmative Asylum Application Process. 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. Interviewing your client Start your interview inquiring about the potential client's immigration history. Go to the USCIS Service and Office Locator page for contact information. For more information on the bars to asylum, please visit theAsylum Barspage. If you have asked for either a male or female interviewing officer then we will arrange this for you. To apply for employment authorization, you must file a Form I-765, Application for Employment Authorization. There is no fee to file this petition. www.DzubowLaw.com 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. If you do not know the answer or do not remember, inform the AO. Often, the officer will not know, but there is no harm in asking. You will be smart retaining a diligent immigration counsel to bolster that asylum case for any available legal grounds and corroborating evince prior to second interview, if you care about the case result. If not, maybe you can think through what happened at the first interview in order to be better prepared. Your interpreter will also be asked to take an oath. 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. In terms of the outcome, my sense is that a second interview is not a positive or a negative sign. I inquired after 90 days , got response under review. Unfortunately, there is usually no way to know in advance why the Asylum Office has scheduled a second interview. The first is strengthened safeguards in asylum decision-making. Immigration benefits for your spouse and unmarried children under the age of 21. 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. But questions were same. Unfortunately, there is usually no way to know in advance why the Asylum Office has scheduled a second interview. Actully I was interviewd by asylum office. We are dedicating specially trained refugee officers to the centers. As with first interviews, those applicants who are well prepared will have an increased likelihood of success. I applied for Asylum in the a US last July and completed my interview September 2013 as well but then I emailed the asylum office requesting expedited processing of my case in order to get my remaining son out of Liberia due to this outbreak of ebola in my country. Citizenship and Immigration Services ("USCIS"), it will schedule you for an interview with an Asylum Officer ("AO") at your local asylum office. Any person over the age of 18 who is not your attorney or a witness for your asylum claim can act as your interpreter. According to the most recent data, there are about 435,000 affirmative cases pending at the Asylum Offices nationwide. . 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. If you guess and your answer is not consistent with prior testimony or evidence, it could result in an adverse credibility finding, which would likely cause your case to be denied. However, it is possible that what you wear could have some subconscious effect on how the officer feels. He did not provide further details or say . 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. Citizenship and Immigration Services to Maryland federal court, saying that he's waited over 1,200 days to . Deferral of removal is effective only until it is terminated. For instance, you can: Do not be concerned if the AO asks you the same question several times or in several different ways. I really do not know about that, but maybe it is possible to give power of attorney to someone in your country so they are authorized to get your records, or maybe you have a friend working at the college who can help. 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. Your spouse or child would have to apply for such protection on their own and establish their own individual entitlement to protection. Dzubow & Pilcher, PLLC Consider doing so if the person can testify about the harm you suffered or fear, or about other important parts of your asylum claim.

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