second asylum interview second asylum interview

The burden of proof is on you to establish that you are eligible for asylum or other protection in the United States. Also, the AO might act like he or she does not believe you, and might even be unpleasant. 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. 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. The grant of asylum generally includes your spouse and unmarried children under the age of 21 who were included in your application for asylum. In terms of what to expect at a second interview, you might be asked only a few perfunctory questions. www.DzubowLaw.com Although family members are allowed to interpret for you, it is better to bring a professional. Would you like to share and describe the circumstance under which you escape your country of origin ? 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. what if addresses on Interview notice and Driver license are different? Please carefully read the information on the document for the office where we have scheduled your interview, and consult with your attorney or accredited representative to determine whether you want them to participate remotely. 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. A. 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. Find 24 ways to say ASYLUM, along with antonyms, related words, and example sentences at Thesaurus.com, the world's most trusted free thesaurus. There is currently (as of 2023) no fee to file Form I-589. 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. Your interpreter will also be asked to take an oath. 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. Typically, rescheduled interview dates are within a month or two after the original interview date. Please submit any urgent interview scheduling requests in writing to the asylum office with jurisdiction over your case. Any unanswered questions or incomplete answers on the application are resolved at the interview. More 0 found this answer helpful | 1 lawyer agrees Helpful Unhelpful 0 comments You may provide this written testimony to USCIS as additional evidence in compliance with the requirements stipulated in the Amending or Supplementing Application for Asylum section above. Your lawyer has to submit a request for it along with a fee. 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. How should you prepare? The more facts your asylum application and your personal declaration contain, the longer your interview will probably last. Then asked for extension for rebuttal but the AO asked for follow up interview ( the days still running until 2nd interviw). Allen Schwartz now has a. 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. What could be the possible outcome ? 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. Your decision might be mailed to you after your interview or you might be asked to return in person to pick it up. For information, visit the. If not, maybe you can think through what happened at the first interview in order to be better prepared. In addition, if you think additional evidenceincluding country condition evidencewould be beneficial for your case, you should gather and submit that. So I do not see a problem (as long as you get the mail and can respond to any USCIS requests on time). If you do not understand a question, tell the officer that you do not understand. Also, the AO is likely to ask you about very personal issues, and you might be uncomfortable discussing them openly in front of your family. Your interview notice will tell you the date, location, and time of your interview. When you file, Your case may be referred back to and accepted by USCIS for an Asylum Merits Interview; or. JavaScript is disabled. Immigration benefits for your spouse and unmarried children under the age of 21. For more information, see theForm I-765webpage. At the latest, your request must be received by mail or made in person within 15 days after the date the interview was supposed to happen. Generally, any dependents included on your application will also receive a Notice to Appear in streamlined removal proceedings as part of your case. For more information about USCIS asylum and field offices, visit our Find A USCIS Office page. 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. I did call unfortunately it is within the normal timeline. If a bar applies, but you established that you would be tortured in the country of return, the IJ will grant deferral of removal. If we approve your application for employment authorization based on your pending asylum application [(c)(8) category], your Employment Authorization Document (EAD) will be valid for up to 2 years. 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. Therefore, you do not need to file Form I-589, Application for Asylum and for Withholding of Removal. According to the most recent data, there are about 435,000 affirmative cases pending at the Asylum Offices nationwide. You must bring your spouse and unmarried children under 21 included in your asylum application to your Asylum Merits Interview. I did a post about expediting with USCIS on January 29, 2020 maybe that would give you some other ideas. Try to present evidence for your reason, such as a doctor's letter. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 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. 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. If any of the documents are not in English, make sure to bring their translations, and translation certificates. We will notify you in writing whether we will reschedule your interview. If you're under 18 Asylum interview Your asylum interview will take place soon after your screening. What is a Credible Fear of Persecution? 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. 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. 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. Under the deal, Rwanda can also ask the UK to take in some of its most vulnerable refugees.. I graduated from college back in my country but didnt bring my credentials while leaving the country. (biographical data/dates/one-year and reasonable time) 2. 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. No. For more information regarding employment authorization, see theAsylum webpage. Go to the USCIS Service and Office Locator page for contact information. 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. 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. See 8 CFR 208.17. No other officials will be in the room where you are interviewed. So how do you prepare for a second interview if you do not know what to expect? did you receive decision after? The AO might ask you a general question about it (such as, "So, tell me, why are you seeking asylum?") Witnesses can be any age and can be in the United States with or without lawful immigration status. 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). Hello Jason, The speedy screenings were among Trump-era immigration polices that Biden rolled back in a February 2021 executive order. Review our. 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. The strongest candidates after the second interview will be called and extended a tentative job offer. For the regulations governing Asylum Merits Interviews, see 8 CFR 208.9. Interviewing your client Start your interview inquiring about the potential client's immigration history. If an asylum officer finds that you have a credible fear of persecution or torture, USCIS may either: Q. Consider doing so if the person can testify about the harm you suffered or fear, or about other important parts of your asylum claim. Citizenship and Immigration Services ("USCIS"), it will schedule you for an interview with an Asylum Officer ("AO") at your local asylum office. 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 Every individual who applies for asylum will be subject to a series of background and security checks. 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. 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. First, you'll want to make sure to arrive at the location and the time specified in the interview notice. However, despite these incentives, outsourcing asylum risks also creates tensions in partner states. An orientation to the credible fear process; A list of free or low cost legal service providers; A waiting period of at least 48 hours after your arrival at adetention site before taking part in the interview; and. Do not exaggerate. 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. Can anyone please share their timeline from the Texas office for travel parole, That seems too long maybe you can call USCIS at 800-375-5283. At a special interview the political seeker could explain what they skilled on their country of origin and why they had to quit. Your attorney and interpreter (if any) will also come along. As with first interviews, those applicants who are well prepared will have an increased likelihood of success. Obviously, your second asylum application will need to address any problems that resulted in the denial of the first one. An asylum officer will decide whether you are eligible for asylum. Asylum Merits Interview with USCIS: Processing After a Positive Credible Fear Determination. 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 obvious answer is to prepare for the worst. 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. This makes it more difficult to prepare, since what happens at the second interview depends on why that interview is needed. Family members are likely not to interpret word for word, and often add their own information. For more information about asylum, seeourAsylum Questions and Answerspage. By mail, it must be postmarked no later than 10 calendar days before the scheduled Asylum Merits Interview. Asylum offices use this system to verify the identity of applicants and dependents at the interview. For more details, see Timing of the Affirmative Asylum Application Process. Looking for U.S. government information and services? 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. When you file the Form I-589, Application for Asylum and for Withholding of Removal, with the immigration court, it places you in the "defensive" asylum process. . To qualify for withholding of removal under section 241(b)(3) of the INA (known as statutory withholding of removal), you must establish that it is more likely than not that your life or freedom would be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion in the proposed country of removal. JDzubow(at)DzubowLaw.com. 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. After identifying each of your children, the officer will most likely suggest that they wait for you in the waiting room. USCIS will probably never return them. Your asylum interview will be conducted in private. What to Bring to Your Asylum Merits Interview. I have got citizenship interview notice which is due after 24 days and I have filled A-11 form to change my home and Mailing address which is just one mile away from previous address in same county.will it postpone my interview? I and my lawyer went to the asylum office for the second interview. Your attorney or accredited representative will also have the opportunity to briefly ask you or any witness follow-up 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. Make sure to do this as soon as possible. Rwanda says it can process 1,000 asylum seekers during the trial period, but has capacity for more. You must file the petition within 2 years of being granted asylum unless there are humanitarian reasons to excuse this deadline. Your ability to obtain asylum depends on that. That should have no effect on the interview unless you moved to another state. The AO will review them before interviewing you. (202) 328-1353 If an asylum officer finds that you do not have a credible fear of persecution or torture, you can request review by an IJ. The obvious answer is to prepare for the worst. Maybe the AOs supervisorwho must approved each decisionneeded additional testimony. JavaScript is disabled. You will be scheduled for a non-adversarial Asylum Merits Interview with an asylum officer to establish that you are eligible for asylum.