Chapter 5 - Interview Guidelines | USCIS The interview conducted in 3 parts: 1. Asylum Officer will ask why you do not want to return to your country. Why am I being called for a second asylum interview after - Avvo 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. 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. For more information, see the Obtaining Asylum in the United Statesand Asylum Merits Interview with USCIS: Processing After a Positive Credible Fear Determinationpages. In some states, the information on this website may be considered a lawyer referral service. Do not guess. As a preliminary matter, I wonder how common second interviews actually are. You are allowed to bring witnesses to the Asylum Office. Secure .gov websites use HTTPS 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. ASYLUM Synonyms: 24 Synonyms & Antonyms for ASYLUM | Thesaurus.com You will be called for an affirmative asylum interview with an Asylum officer (not a judge!) First, the Department of Homeland Security is proud to work with the State Department in establishing the Regional Processing Centers that Secretary Blinken described. You must log in or register to reply here. Asylum offices use this system to verify the identity of applicants and dependents at the interview. 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. I moved to a new house and i did not permanently leave my old address. The fingerprints recorded during the expedited removal process for you and any dependents are sent to the FBI to conduct background and security checks and are enrolled in the DHS Office of Biometric Identity Managements Automated Biometric Identification System. Review our. 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 you need to reschedule your interview, see What to Do If You Can't Make Your Asylum Interview.). 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. In some cases, country conditions change, and this may raise additional questions, or perhaps a change in the law necessitates another interview. On the other hand, you may need to re-do the entire interviewand answer questions in even more detail than at the first interview. 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. Looking for U.S. government information and services? 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. If we agree to reschedule your interview, we will send you a new interview appointment notice with the new interview date, time, and location. In this post, we will talk about the second interview: Why is it needed? https://forums.immigration.com/threads/waiting-asylum-decision.296692/page-92. 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. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. What could be the possible outcome ? Asylum-Seeker Sues USCIS After Years In 'Immigration Limbo' 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. But questions were same. 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). If the asylum officer determined that you did not demonstrate eligibility for withholding of removal or protection under CAT based on the record before USCIS, you will have another opportunity to present your requests for withholding of removal or protection under CAT before the IJ. Albanese government to radically streamline migration with three-tiered If you are granted withholding of removal, this will not give you the right to bring your relatives to the United States. Withholding of removal under CAT does not allow you to get a Green Card or to petition to bring family members to come to, or remain in, the United States. 19K views 9 months ago RIF Asylum Support was happy to welcome back Former Asylum Officer, Allen Schwartz. Im a GC holder based on asylum. "Exigent circumstances" may include the unavailability of an asylum officer to conduct the interview, the inability of the applicant to attend the interview due to illness, the inability of USCIS to timely secure an appropriate interpreter, or the closure of the asylum office. If you do not understand a question, tell the officer that you do not understand. Although decisions are normally made within a few weeks of the interview, a combination of delayed security checks and lack of supervisors staffing asylum offices has led to much longer delays as of mid-2023. This site uses cookies to help personalise content, tailor your experience and to keep you logged in if you register. 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. 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? 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. In some cases, the Asylum Officer (AO) completed the interview, but failed to gather all the relevant information from the applicant. Dzubow & Pilcher, PLLC This guidance tells you how to carry out effective asylum interviews to obtain relevant information to establish, as far as possible, whether the claimant meets the requirements for an asylum. An asylum officer will decide whether you are eligible for asylum. Q. Jason Dzubow, Esq. However, I guess you can explain that you did not have time yet to change it. For a better experience, please enable JavaScript in your browser before proceeding. He did not provide further details or say . A. In general, information related to your asylum application cannot be shared with third parties without your written consent or without specific authorization by the Secretary of the Department of Homeland Security. 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. Why asylum officer called me for second interview? He already - Avvo 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. Asylum officer will ask a series of 'yes or no' questions to make sure you are not barred 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.. Copyright 2023 MH Sub I, LLC dba Nolo Self-help services may not be permitted in all states. 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. I had affirmative asylum interview in November 2021. Asylum Merits Interview with USCIS: Processing After a Positive Credible Fear Determination. Make sure you bring any identity documents you have for your children, including passports, birth certificates or national identity cards. There are no mandatory bars to establishing a credible fear or persecution or torture. A request to reschedule an asylum interview must include the reason for the request and any relevant evidence. Your interview notice will tell you the date, location, and time of your interview. You may apply for asylum, withholding of removal, or protection under CAT before the IJ by filing Form I-589. Asylum interviews (accessible) - GOV.UK Which state are you in? Ive been hearing reports about second (or third) interviews from others and we are seeing it in our own practice as well. What Will Happen if an Asylum Officer Finds I Have a Credible Fear? How you dress should not influence an asylum officer. 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. 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. You will be scheduled for a non-adversarial Asylum Merits Interview with an asylum officer to establish that you are eligible for asylum. "Exigent circumstances" must exist to reschedule an Asylum Merits Interview. An Employment Authorization Document (EAD); A Green Card (lawful permanent resident status); and. Questions and Answers: Credible Fear Screening. Witnesses can be any age and can be in the United States with or without lawful immigration status. At the end of the interview, you can (politely) ask the AO about the time frame for a decision. Your attorney and interpreter (if any) will also come along. For access to the longer recording that includes the question and answer portion or if you have any further questions, please email us at info@rifnyc.org.CLICK HERE TO READ THE WEBINAR SUMMARY \u0026 FAQ:https://static1.squarespace.com/static/55e65ac9e4b028016a8e7b2b/t/61d869afa3de762da8aa89fe/1641572783165/Allen+Formatting+%281%29.pdf 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. 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. In other cases, maybe the AO quit or retired without finishing the case, and the notes are inadequate to reach a decision. I and my lawyer went to the asylum office for the second interview. If you're under 18 Asylum interview Your asylum interview will take place soon after your screening. The strongest candidates after the second interview will be called and extended a tentative job offer. The biometrics recorded during the expedited removal process for you and any dependents may be used to verify identity and for criminal and other background checks, for purposes of the asylum application and consideration of eligibility for withholding of removal and protection under CAT. I wrote about that on June 24, 2016. Actully I was interviewd by asylum office. Entitlement to Deferral of Removal Under CAT. If you need to reschedule your interview before the scheduled date of the interview, you must either: The asylum office will not honor a request to reschedule received by telephone. Also presently have an application for asylum pending adjudication with USCIS under this process. However, you may be removed to a third country where your life or freedom would not be threatened. www.DzubowLaw.com Venezuela's Juan Guaid Not Seeking Political Asylum in US In general, requests to reschedule Asylum Merits Interviews will not be honored. They may require a second interview for several reasons: to clarify or verify some information already on file; or they may just have additional questions for you. Today, approximately 163,500 displaced Ukrainians live in the UK. For more information about asylum, seeourAsylum Questions and Answerspage. 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!). If you are arriving from Canada, we will decide if you must seek protection in Canada instead of the United States. Hi, everyone! My first interview took place in August 2018. This means that you may be removed to a third country where you would not be tortured. The AO will have reviewed your asylum application and your immigration file before interviewing you. The speedy screenings were among Trump-era immigration polices that Biden rolled back in a February 2021 executive order. Did anything unusual happen? In fact, you might want to prepare a written list of these to give to the officer, particularly if the changes are extensive. Europe outsourcing asylum to African countries is a terrible idea 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. File at the Chicago office. 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. Allen Schwartz, a former USCIS Asylum Officer, offers insight and information about the Asylum Interview process. Often times, copies of documents are enough, especially if you explain why you cannot get originals (assuming you are comfortable explaining this to people). In person, you must submit it no later than 7 calendar days before the scheduled Asylum Merits Interview; or. The asylum officer generally conducts the interview and makes a decsion.The meetings generally are to hand over the decision. 3. More information about this process can be found on the U.S. - Canada Safe Third Country Agreement page. However, we encourage your witness to provide sworn written testimony or affidavits before your interview and not attend the interview. See8 CFR 103.2 (b)(9). If not, maybe you can think through what happened at the first interview in order to be better prepared. You can ask for a short break to compose yourself, and then try your best to tell the AO all the important facts. You will then be asked to wait for your interview. Second Asylum Interview Experiences - Immigration Looking for U.S. government information and services? If a bar applies, but you established that you would be tortured in the country of return, the IJ will grant deferral of removal. The first is if you fail any portion of the tests you had to take at the first interview (English and civics). Inconsistent Interview and Testimony Justified Asylum Denial I was called for a second Asylum interview w/ the USCIS after - Avvo Entitlement to Withholding of Removal Under CAT. Also, if you have notes from the prior interview(s), you should review those. It means I can not return to my country of nationality. The IJ will consider whether you are barred from a grant of asylum or withholding of removal. Anatomy of an Asylum Office Inquiry: Expedite Requests 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 Maybe if you can talk to the people who interviewed you, they can give you an idea about this. A. Have an immigration attorney prepare you for the second interview, and also go to the interview with you. what if addresses on Interview notice and Driver license are different? 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. For that reason, it's a good idea to bring a friend with you, who can either take the children for a walk or wait with them. Stereotyped & Belittled Ukrainians Suffer from UK Asylum Policy If you do not contact the asylum office or you do not establish exceptional circumstances related to your failure to appear, you will be removed from the Asylum Merits Interview process and placed in removal proceedings in immigration court. 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. Instead, bring all original documents to your asylum interview, where the asylum officer can examine them in person. Q.; What Is a Credible Fear of Torture? 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. On the other hand, traveling to my country is too risky. Your asylum interview will be conducted in private. The opportunity to waive the 48-hour waiting period. I have never seen data about second interviews from the Asylum Division, and so we are left to speculate. PDF Asylum interviews - GOV.UK If you have a witness who will provide testimony in support of your application, that individual may come with you to your Asylum Merits Interview. A grant of asylum in the U.S. does not expire. 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. As implemented in U.S. law, Article 3 of CAT prohibits the United States from removing you to a country in which it is more likely than not that you would be subject to torture. . I wont be refered to court ( unfortunate)good luck for you. within several months after you submit your application. 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. Neither the applicant's attorney or accredited representative of record, a witness testifying on the applicant's behalf, nor a representative or employee of the applicant's country of nationality, or if stateless, country of last habitual residence, may serve as an applicant's interpreter. What to Bring to Your Asylum Merits Interview. Hi Asylum_S, i guess it is a system issue.. For me to it remains same for last few days. 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. When you file the, Your case may be referred back to and accepted by USCIS for an Asylum Merits Interview; or. After receiving your notice, review it carefully to make sure you fully understand the date/time, location, and current rules surrounding asylum interviews. This Webinar will discuss the factors that go into an interview decision, why. No longer have a well-founded fear of persecution because of a fundamental change in circumstances; Obtained protection from another country; Obtained the original asylum grant through fraud; or. If you move to a new address and give up the old address, you have to inform USCIS. 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. 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? For more information on confidentiality and the asylum process, please visit ourFact Sheet on Asylum Confidentiality (PDF, 350.1 KB). Asylum Interview: Do-s | Don't-s | Asylum - Shautsova Make sure to do this as soon as possible. Why Will Asylum Officers Conduct Credible Fear Interviews? 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. 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. 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. If you bring any new documents supporting your asylum application that you had not already submitted, provide them to the receptionist. They will interview applicants for the U.S. Fortunately, asylum is an area where you'll find a lot of help from volunteer attorneys or nonprofit (charitable) organizations serving immigrants and refugees. I did a post about expediting with USCIS on January 29, 2020 maybe that would give you some other ideas. 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. It may not display this or other websites correctly. 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. The length of the interview, however, is not indicative of whether or not you will be granted asylum.