Uscis forms 031210[1]

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Uscis forms 031210[1]

  1. 1. USCIS Forms Table of Contents PAGE ATTACHMENT FORM # DOCUMENT TITLE # Notice of Entry of Appearance as Attorney or Accredited Attachment A Form G-28 Representative 2 Attachment B Form M-444 Information About Credible Fear Interview 4 Attachment C Form I-589 I-589, Application for Asylum and for Withholding of Removal 7 Attachment D Form I-862 Notice to Appear 19 Attachment E Form I-863 Notice of Referral to Immigration Judge 23 Attachment F Form I-870 Record of Determination/ Credible Fear Worksheet 26 Record of Negative Reasonable Fear Finding and Request for Review by Attachment G Form I-898 Immigration Judge 33 Attachment H Form I-899 Record of Determination/ Reasonable Fear Worksheet 36 Attachment I No Form # Monitor’s Oath in Affirmative Asylum Interview 40 USCIS Asylum Program, Information Guide for Prospective Asylum Attachment J No Form # Applicants 42 Attachment K No Form # Code of Federal Regulations, Title 8 45 Attachment L No Form # Request for Dissolution of Credible Fear Process 47 Attachment M No Form # Request for Dissolution of Credible Fear Process/ Declaration of Alien 49 Information about How to Seek Release from Detention: Parole Eligibility Attachment N No Form # and Process for Certain Asylum Applicants 51 Attachment O Form M-488 Information About Reasonable Fear Interview 54 Record of Negative Credible Fear Finding and Request for Review by Attachment P Form I-869 Immigration Judge 57 Attachment Q No Form # Waiver of the 48-Hour Period 60 Attachment R No Form # Withdrawal of Request for Reasonable Fear Determination 62 Fact Sheet: Federal Regulations Protecting the Confidentiality of Attachment S No Form # Asylum Applicants 64 Attachment T No Form # Confidentiality and Neutrality Statement 71 Attachment U Form I-730 Refugee/ Asylee Relative Petition 74 Language Line Services Confidential Information
  2. 2. G-28, Notice of Entry of Appearance as Attorney or Accredited Attachment A Form G-28 Representative 2 Language Line Services Confidential Information
  3. 3. 3
  4. 4. 3.1
  5. 5. 3.2
  6. 6. Information About Credible Fear Attachment B Form M-444 Interview 4 Language Line Services Confidential Information
  7. 7. INFORMATION ABOUT CREDIBLE FEAR INTERVIEW Purpose of this notice The purpose of this notice is to explain what will happen while you are in detention, what rights you have, and what may happen to you as a result of statements you make. It is important that you understand your rights and what will happen. PLEASE READ THIS NOTICE CAREFULLY. You have been detained because the U.S. Immigration and Naturalization Service (INS) believes that you may not have the right to stay in the United States. You have indicated an intention to apply for asylum or a fear of persecution or return to your country. You will be interviewed by a specially-trained asylum officer to determine if you have a “credible fear of persecution” or a “credible fear of torture.” You will be detained until that interview takes place. If the INS finds that you have a credible fear of persecution or torture, the INS will consider whether to release you. Right to consult with other persons Normally, the interview will not take place sooner than 48 hours after you arrive at the detention facility. You may use this time to rest and consult with family members, friends, or other representatives. In unusual circumstances, you may be given additional time to contact someone. If you need this additional time, you should inform an INS officer. You may request that the interview take place sooner if you are prepared to discuss your fears or claim immediately. You may consult with a person or persons of your choosing, provided that such consultation is at no expense to the government and does not delay the process. A person of your choice can be present with you at your interview. A list of representatives who may be able to speak to you free of charge is attached to this notice. You may use the telephone while you are in detention to call a representative, friend or family member in the United States, collect or at your own expense. If you wish to call someone, you should ask an INS officer for assistance. You also may contact the United States Office of the United Nations High Commissioner for Refugees, at (202) 296-5191 from 9:00 a.m.-5:00 p.m. (eastern standard time), Monday through Friday. Description of credible fear interview The purpose of the credible fear interview is to determine whether you might be eligible to apply for asylum or for withholding of removal under the Convention against Torture before an immigration judge. This interview is not your formal asylum or withholding of removal hearing. It is only to help us determine whether there is a significant possibility that you may qualify as a refugee or for protection from removal under the Convention against Torture. At your interview, you will have the opportunity to explain to the asylum officer why you think you should not be returned to your home country or any other country where you fear harm. If you want to apply for asylum in the United States, or think you will be harmed, persecuted or tortured if you return to your home country or another country, you must show an asylum officer that you have a credible fear of being harmed or persecuted because of your race, religion, nationality, membership in a particular social group or political opinion, or a credible fear of being tortured. The officer will take written notes. If the officer determines that you have a credible fear of persecution or torture if you are returned to your home country or another country where you fear harm, you may be eligible to remain in the United States or to be granted withholding of removal, which provides that you would not be removed to the country where you fear harm. It is very important that you tell the officer all the reasons why you have concerns about being removed. United States law provides strict rules to prevent disclosure of what you tell an asylum officer about the reasons you fear harm. The information you provide about the reasons for your fear will not be disclosed to your government, except in exceptional circumstances. It is also very important that you tell the truth during your interview. Although the purpose of this interview is not to gather evidence against you, failure to tell the truth could be used against you in this or in any future immigration proceeding. Page 1 of 2 5 Form M-444 (Rev. 3-22-99)
  8. 8. Need for interpreter or special consideration If you do not speak English well or if you prefer to be interviewed in your own language, INS will provide an interpreter for the interview. The interpreter has been told to keep the information you discuss confidential. If the interpreter is not translating correctly or you do not feel comfortable with the interpreter, you may request another interpreter. You may request a female officer and female interpreter, or a male officer and male interpreter, if this would make it easier for you to tell the asylum officer about information that is very personal or difficult to discuss. The INS will provide them if they are available. You will also have the opportunity to speak with the asylum officer separately from your family if you so desire. Consequences of failure to establish credible fear and review of determination If the asylum officer determines that you do not have a credible fear of persecution or torture you may request to have that decision reviewed by an immigration judge. If you do not request such review, you may be removed. If you request review, the immigration judge’s review will be in person or by telephone or video connection. The review will happen as soon as possible, to the maximum extent practicable within 24 hours, but in no case later than 7 days from the date of the asylum officer’s decision. You may consult with a person or persons of your choosing before the review by the immigration judge, provided it does not cause unreasonable delay. You will be given a copy of the asylum officer’s record of determination to examine prior to the review by the immigration judge. If any of the information is incorrect, you should notify the immigration judge. If the immigration judge agrees that you do not have a credible fear of persecution or torture, you may be removed from the United States. The immigration judge may decide that you do have a credible fear and that you are eligible for a full asylum and withholding of removal hearing before an immigration judge. After such a hearing, the immigration judge will either grant you protection, if you are eligible, or will order you removed, if you are not. If you are ordered removed, you may be barred from reentry to the United States for a period of 5 years or longer. Interpreter Certification I (name of interpreter) certify that I am fluent in both the and English languages, that I interpreted the above information from English to completely and accurately, and that the recipient appeared to have understood my interpretation. (Signature of interpreter) (Date) Alien Acknowledgment of Receipt I acknowledge that I have been given notice concerning my credible fear interview. I understand that I may consult with a person or persons of my choosing prior to the interview as long as it does not unreasonably delay the process and is at no expense to the government. (Signature of person being referred) (Date) Page 2 of 2 6 Form M-444 (Rev. 3-22-99)
  9. 9. I-589, Application for Attachment Form I- Asylum and for C 589 Withholding of Removal 7 Language Line Services Confidential Information
  10. 10. 8
  11. 11. 9
  12. 12. 10
  13. 13. 11
  14. 14. 12
  15. 15. 13
  16. 16. 14
  17. 17. 15
  18. 18. 16
  19. 19. 17
  20. 20. 18
  21. 21. 18.1
  22. 22. 18.2
  23. 23. 18.3
  24. 24. 18.4
  25. 25. 18.5
  26. 26. 18.6
  27. 27. 18.7
  28. 28. 18.8
  29. 29. 18.9
  30. 30. 18.10
  31. 31. 18.11
  32. 32. 18.12
  33. 33. Attachment D Form I-862 Notice to Appear 19 Language Line Services Confidential Information
  34. 34. Form I-862: Notice to Appear Form I-862 is issued by an Asylum Pre-Screening Officers (APSO) only to an alien who receives a positive credible fear determination. This form orders the alien to appear before an Immigration Judge for a full immigration hearing. 20
  35. 35. U. S. Department of Justice Immigration and Naturalization Service Notice to Appear In removal proceedings under section 240 of the Immigration and Nationality Act: File No: In the Matter of: Respondent: currently residing at: (Number, street, city, state and ZIP code) (Area code and phone number) 1. You are an arriving alien. 2. You are an alien present in the United States who has not been admitted or paroled. 3. You have been admitted to the United States, but are deportable for the reasons stated below. The Service alleges that you: On the basis of the foregoing, it is charged that you are subject to removal from the United States pursuant to the following provision(s) of law: This notice is being issued after an asylum officer has found that the respondent has demonstrated a credible fear of persecution or torture Section 235(b)(1) order was vacated pursuant to: 8 CFR 208.30(f)(2) 8 CFR 235.3(b)(5)(iv) YOU ARE ORDERED to appear before an immigration judge of the United States Department of Justice at: (Complete Address of Immigration Court, including Room Number, if any) on at to show why you should not be removed from the United States based on (Date) (Time) the charge(s) set forth above. (Signature and Title of Issuing Officer) Date: (City and State) See reverse for important information 21 Form I-862(Rev. 3/22/99)N
  36. 36. Notice to Respondent Warning: Any statement you make may be used against you in removal proceedings. Alien Registration: This copy of the Notice to Appear served upon you is evidence of your alien registration while you are under removal proceedings. You are required to carry it with you at all times. Representation: If you so choose, you may be represented in this proceeding, at no expense to the Government, by an attorney or other individual authorized and qualified to represent persons before the Executive Office for Immigration Review, pursuant to 8 CFR 3.16. Unless you so request, no hearing will be scheduled earlier than ten days from the date of this notice, to allow you sufficient time to secure counsel. A list of qualified attorneys and organizations who may be available to represent you at no cost will provided with this Notice. Conduct of the hearing: At the time of your hearing, you should bring with you any affidavits or other documents which you desire to have considered in connection with your case. If any document is in a foreign language, you must bring the original and a certified English translation of the document. If you wish to have the testimony of any witnesses considered, you should arrange to have such witnesses present at the hearing. At your hearing you will be given the opportunity to admit or deny any or all of the allegations in the Notice to Appear and that you are inadmissible or deportable on the charges contained in the Notice to Appear. You will have an opportunity to present evidence on your own behalf, to examine any evidence presented by the Government, to object, on proper legal grounds, to the receipt of evidence and to cross examine any witnesses presented by the Government. At the conclusion of your hearing, you have a right to appeal an adverse decision by the immigration judge. You will be advised by the immigration judge before whom you appear, of any relief from removal for which you may appear eligible including the privilege of departing voluntarily. You will be given a reasonable opportunity to make any such application to the immigration judge. Failure to appear: You are required to provide the INS, in writing, with your full mailing address and telephone number. You must notify the Immigration Court immediately by using Form EOIR-33 whenever you change your address or telephone number during the course of this proceeding. You will be provided with a copy of this form. Notices of hearing will be mailed to this address. If you do not submit Form EOIR-33 and do not otherwise provide an address at which you may be reached during proceedings, then the Government shall not be required to provide you with written notice of your hearing. If you fail to attend the hearing at the time and place designated on this notice, or any date and time later directed by the Immigration Court, a removal order may be made by the immigration judge in your absence, and you may be arrested and detained by the INS. Request for Prompt Hearing To expedite a determination in my case, I request an immediate hearing. I waive my right to have a 10-day period prior to appearing before an immigration judge. (Signature of Respondent) Before: Date: (Signature and Title of INS Officer) Certificate of Service This Notice To Appear was served on the respondent by me on , in the following manner and in (Date) compliance with section 239(a)(1)(F) of the Act: in person by certified mail, return receipt requested by regular mail Attached is a credible fear worksheet. Attached is a list of organizations and attorneys which provide free legal services. The alien was provided oral notice in the language of the time and place of his or her hearing and of the consequences of failure to appear as provided in section 240(b)(7) of the Act. (Signature of Respondent if Personally Served) (Signature and Title of Officer) 22 Form I-862(Rev. 3/22/99)N
  37. 37. Attachment Form I- Notice of Referral to E 863 Immigration Judge 23 Language Line Services Confidential Information
  38. 38. U. S. Department of Justice Immigration and Naturalization Service Notice of Referral to Immigration Judge Date A-F ile Name Country of C itizenship Place and Manner of Arrival Date of Arrival To immigration judge: G 1. The above-named alien has been found inadmissible to the United States and ordered removed pursuant to section 235(b)(1) of the Immigration and Nationality Act (Act). A copy of the removal order is attached. The alien has requested asylum and/or protection under the Convention against Torture and the matter has been reviewed by an asylum officer who has concluded the alien does not have a credible fear of persecution or torture. The alien has requested a review of that determination in accordance with section 235(b)(1)(B)(iii)(III) of the Act and 8 CFR § 208.30(g). G 2. The above-named alien arrived in the United States as a stowaway and has been ordered removed pursuant to section 235(a)(2) of the Act. The alien has requested asylum and/or withholding of removal under the Convention against Torture and the matter has been reviewed by an asylum officer who has concluded the alien does not have a credible fear of persecution or torture. The alien has requested a review of that determination in accordance with section 235(b)(1)(B)(iii)(III) of the Act. G 3. The above-named alien arrived in the United States in the manner described below and has requested asylum and/or withholding of removal under the Con ventio n against Torture. The matter i s referred for a d etermin ation in accordance with 8 CFR § 208.2(c). Arrival category (check one): G Crewmember/applicant G Crewmember/refused G Crewmember/landed G Crewmember/violator G VWP/applicant G VWP/violator G 235(c) order G S-visa nonimmigrant G Stowaway: credible fear determination attached G 4. The above-named alien has been ordered removed by an immigration officer pursuant to section 235(b)(1) of the Act. A copy of the removal order is attached. In accordance with section 235(b)(1)(C) of the Act, the matter is referred for review of that order. The above- named alien claims to be (check one): G a United States citizen G a lawful permanent resident alien G an alien granted refugee status under section 207 of the Act G an alien granted asylum under section 208 of the Act. G 5. The above-named alien has been ordered removed pursuant to section 238(b) of the Act, or the Immigration and Naturalization Service (INS) has reinstated a prior exclusion, deportation, or removal order of the above-named alien pursuant to section 241(a)(5) of the Act. A copy of the removal order and, if applicable, the notice of reinstatement, are attached. The alien has expressed fear of persecution or torture and the claim has been reviewed by an asylum officer who has concluded the alien does not have a reasonable fear of persecution or torture. The alien has requested a review of that determination in accordance with 8 CFR §§ 208.31(f) and (g). G 6. The above-named alien has been ordered removed pursuant to section 238(b) of the Act, or the INS has reinstated a prior exclusion, deportation, or removal order of the above-named alien pursuant to section 241(a)(5) of the Act. A copy of the removal order and, if applicable, the notice of reinstatement, are attached. The alien has expressed fear of persecution or torture and the claim has been reviewed by an asylum officer who has concluded the alien has a reasonable fear of persecution or torture. The matter is referred for a determination in accordance with 8 CFR § 208.31(e). G 7. The Commissioner of the INS has determined that the release from custody of the above-named alien who is under a final order of removal would pose a special danger to the public according to the standards set in 8 CFR § 241.14(f)(1). The INS has therefore invoked procedures to continue the alien’s detention even though there is no significant likelihood that the alien will be removed from the United States in the reasonably foreseeable future. The matter is referred to the immigration judge for a review of this determination in accordance with 8 CFR § 241.14(g). Page 1 of 2 24 Form I-863 (R ev. 10/24/0 2)N
  39. 39. U. S. Department of Justice Immigration and Naturalization Service Notice of Referral to Immigration Judge NOTICE TO APPLICANT You are ordered to report for a hearing before an immigration judge for the reasons stated above. Your hearing is scheduled on at . You are to appear at (Date) (Time) (Complete office address) G You may be represented in this proceeding, at no expense to the government, by an attorney or other individual authorized and qualified to represent persons before an Immigration Court. If you wish to be so represented, your attorney or representative should appear with you at this hearing. In the event of your release from custody, you must immediately report any change of your address to the Immigration Court on Form EOIR-33, which is provided with this notice. If you fail to appear for a scheduled hearing, a decision may be rendered in your absence. G You may consult with a person or persons of your own choosing prior to your appearance in Immigration Court. Such consultation is at no expense to the government and may not unreasonably delay the process. G Attached is a list of recognized organizations and attorneys that provide free legal service. (Signature and title of immigration officer) CERTIFICATE OF SERVICE G The contents of this notice were read and explained to the applicant in the language. G The original of this notice was delivered to the above-named applicant by the undersigned on and the alien has been advised of communication privileges pursuant to 8 CFR 236.1(e). Delivery was made: G in person G by certified mail, return receipt requested G by regular mail (Signature and title of immigration officer) Attachments to copy presented to immigration judge: G Passport G Form I-860 G Visa G Form I-869 G Form I-94 G Form I-898 G Forensic docum ent analysis G Asylum officer’s reasonable fear determination worksheet (I-899) G Fingerprints and photographs G Asylum officer’s credible fear determination worksheet (I-870) G EOIR-33 G FOR 8 CFR 241.14(f) CA SES O NLY: Written statem ent includ ing sum mary of the basis for the C omm issioner’s determ ination to co ntinue th e alien in detention, and description of the evidence relied on in finding the alien specially dangerous (with supporting docum ents attached). G FOR 8 CFR 241.14(f) CA SES O NLY: Written notice advising the alien of initiation of proceedings and informing alien of procedures governing the Reasonable Cause H earing at 8 CFR 241 .14(h). G Other (specify): ___________________________________________________________________________________________ 25 Page 2 of 2 Form I-863 (R ev. 10/24/0 2)N
  40. 40. Record of Determination/ Credible Attachment Form I- Fear Worksheet (No F 870 page # on page 1) 26 Language Line Services Confidential Information
  41. 41. Department of Homeland Security U.S. Citizenship and Immigration Services Record of Determination/Credible Fear Worksheet ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ _________________________ District Office Code Asylum Office Code Alien’s File Number Alien’s Last/ Family Name ______________________ ________________ _____________________________________ Asylum Officer’s Last Name Asylum Officer’s First Alien’s Nationality Name All statements in italics must be read to the applicant SECTION I: INTERVIEW PREPARATION 1.1 ___ ___/___ ___/___ ___ 1.2 _______________________________________________ Date of arrival [MM/DD/YY] Port of arrival 1.3 ___ ___/___ ___/___ ___ 1.4 _______________________________________________ Date of detention [MM/DD/YY] Place of detention 1.5 ___ ___/___ ___/___ ___ 1.6 _______________________________________________ Date of AO orientation [MM/DD/YY] If orientation more than one week from date of detention, explain delay 1.7 ___ ___ / ___ ___ / ___ ___ 1.8 ____________________________________________________________ Date of interview [MM/DD/YY] Interview site 1.9 Applicant received and signed Form M-444 and relevant pro bono list on ___ ___ / ___ ___ / ___ ___ Date signed [MM/DD/YY] 1.10 Does applicant have consultant(s)? Yes No 1.11 If yes, consultant(s) name, address, telephone number and relationship to applicant ___________________________________________________________________________________________ ___________________________________________________________________________________________ 1.12 Persons present at the interview (check which apply) 1.13 Consultant(s) 1.14 Other(s), list: ______________________________________________________________________ 1.15 No one other than applicant and asylum officer 1.16 Language used by applicant in interview: _________________________________________________________ 1.17 _____________________________________ Yes No ______________ ______________ Interpreter Service, Interpreter ID Number. Interpreter Has Forms Time Started Time Ended 1.18 _____________________________________ Yes No ______________ ______________ Interpreter Service, Interpreter ID Number. Interpreter Has Forms Time Started Time Ended 1.19 _____________________________________ Yes No ______________ ______________ Interpreter Service, Interpreter ID Number. Interpreter Has Forms Time Started Time Ended 1.20 Interpreter was not changed during the interview 1.21 Interpreter was changed during the interview for the following reason(s): 1.22 Applicant requested a female interpreter replace a male interpreter, or vice versa 1.23 Applicant found interpreter was not competent 1.24 Applicant found interpreter was not neutral 1.25 Officer found interpreter was not competent 1.26 Officer found interpreter was not neutral 1.27 Bad telephone connection 1.28 Asylum officer read the following paragraph to the applicant at the beginning of the interview: 27 Form I-870 (Rev. 11/21/03) N Page 1
  42. 42. Alien’s File Number: The purpose of this interview is to determine whether you may be eligible for asylum or protection from removal to a country where you fear persecution or torture. I am going to ask you questions about why you fear returning to your country or any other country you may be removed to. It is very important that you tell the truth during the interview and that you respond to all of my questions. This may be your only opportunity to give such information. Please feel comfortable telling me why you fear harm. U.S. law has strict rules to prevent the disclosure of what you tell me today about the reasons why you fear harm. The information you tell me about the reasons for your fear will not be disclosed to your government, except in exceptional circumstances. The statements you make today may be used in deciding your claim and in any future immigration proceedings. It is important that we understand each other. If at any time I make a statement you do not understand, please stop me and tell me you do not understand so that I can explain it to you. If at any time you tell me something I do not understand, I will ask you to explain. SECTION II: BIOGRAPHIC INFORMATION 2.1 ________________________________________________________________________________________________ Last Name/ Family Name [ALL CAPS] 2.2 _________________________________________ 2.3 _______________________________________________ First Name Middle Name 2.4 ___ ___/___ ___/___ ___ 2.5 Gender Male Female Date of birth [MM/DD/YY] 2.6 _________________________________________________________________________________________________ Other names and dates of birth used 2.7 _________________________________________ 2.8 _______________________________________________ Country of birth Country (countries) of citizenship (list all) 2.9 _________________________________________________________________________________________________ Address prior to coming to the U.S. (List Address, City/Town, Province, State, Department and Country). 2.10 _______________________ 2.11 _____________________ 2.12 ________________________________________ Applicant’s race or ethnicity Applicant’s religion All languages spoken by applicant 2.13 Marital status: Single Married Legally separated Divorced Widowed 2.14 Did spouse arrive with applicant? Yes No 2.15 Is spouse included in applicant's claim? Yes No 2.16 If currently married (including common law marriage) list spouse’s name, citizenship, and present location (if with applicant, provide A-Number): __________________________________________________________________________________________ _________________________________________________________________________________________ 2.17 Children: Yes No 2.18 List any children (Use the continuation section to list any additional children): Date of birth Name Citizenship Present location (if w/PA, Did child Is child (MM/DD/YY) list A-Numbers) arrive with included in PA? PA’s claim? ___________ _______________________ __________________ ____________________ Yes No Yes No ___________ _______________________ __________________ ____________________ Yes No Yes No ___________ _______________________ __________________ ____________________ Yes No Yes No 28 Form I-870 (Rev. 11/21/03) N Page 2
  43. 43. Alien’s File Number: ___________ _______________________ __________________ ____________________ Yes No Yes No ___________ _______________________ __________________ ____________________ Yes No Yes No ___________ _______________________ __________________ ____________________ Yes No Yes No 29 Form I-870 (Rev. 11/21/03) N Page 3
  44. 44. Alien’s File Number: 2.19 Does applicant claim to have a medical condition (physical or mental), or has the officer observed any indication(s) that a medical condition exists? If YES, answer questions 2.20 and 2.21 and explain below. Yes No __________________________________________________________________________________________ 2.20 Has applicant notified the facility of medical condition? Yes No 2.21 Does applicant claim that the medical condition relates to torture? Yes No 2.22 Does the applicant have a relative, sponsor or other community ties, including spouse Yes No or child already listed above? 2.23 If YES, provide information on relative or sponsor (use continuation section, if necessary): _____________________________________________________ ________________________________ Name Relationship _____________________________________________________ ________________________________ Address Telephone Number Citizen Legal Permanent Resident Other SECTION III: CREDIBLE FEAR INTERVIEW The following notes are not a verbatim transcript of this interview. These notes are recorded to assist the individual officer in making a credible fear determination and the supervisory asylum officer in reviewing the determination. There may be areas of the individual’s claim that were not explored or documented for purposes of this threshold screening. The asylum officer must elicit sufficient information related to both credible fear of persecution and credible fear of torture to determine whether the applicant meets the threshold screening. Even if the asylum officer determines in the course of the interview that the applicant has a credible fear of persecution, the asylum officer must still elicit any additional information relevant to a fear of torture. Asylum officers are to ask the following questions and may use the continuation sheet if additional space is required. If the applicant replies YES to any question, the asylum officer must ask follow-up questions to elicit sufficient details about the claim in order to make a credible fear determination. 3.1 a. Have you or any member of your family ever been mistreated or threatened by anyone in any country to which you may be returned? Yes No _____________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ b. Do you have any reason to fear harm from anyone in any country to which you may be returned? Yes No _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ c. If YES to questions a and/or b, was it or is it because of any of the following reasons? (Check each of the following boxes that apply). Race Religion Nationality Membership in a particular social group Political Opinion _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ 30 Form I-870 (Rev. 11/21/03) N Page 4
  45. 45. Alien’s File Number: 3.2 At the conclusion of the interview, the asylum officer must read the following to applicant: If the Department of Homeland Security determines you have a credible fear of persecution or torture, your case will be referred to an immigration court, where you will be allowed to seek asylum or withholding of removal based on fear of persecution or withholding of removal under the Convention Against Torture. The Field Office Director in charge of this detention facility will also consider whether you may be released from detention while you are preparing for your hearing. If the asylum officer determines that you do not have a credible fear of persecution or torture, you may ask an Immigration Judge to review the decision. If you are found not to have a credible fear of persecution or torture and you do not request review, you may be removed from the United States as soon as travel arrangements can be made. Do you have any questions? _________________________________________________________________________________________________ _________________________________________________________________________________________________ 3.3 At the conclusion of the interview, the asylum officer must read a summary of the claim, consisting of the responses to Questions 3.1 a-c and information recorded in the Additional Information/Continuation section, to applicant. ****Typed Question and Answer (Q&A) interview notes and a summary and analysis of the claim must be attached to this form for all negative credible fear decisions. These Q&A notes must reflect that the applicant was asked to explain any inconsistencies or lack of detail on material issues and that the applicant was given every opportunity to establish a credible fear. SECTION IV: CREDIBLE FEAR FINDINGS A. Credible Fear Determination: Credibility 4.1 There is a significant possibility that the assertions underlying the applicant’s claim could be found credible in a full asylum or withholding of removal hearing. 4.2 Applicant found not credible because (check boxes 4.3-4.5, which apply): 4.3 Testimony was internally inconsistent on material issues. 4.4 Testimony lacked sufficient detail on material issues. 4.5 Testimony was not consistent with country conditions on material issues. Nexus 4.6 Race 4.7 Religion 4.8 Nationality 4.9 Membership in a Particular Social Group (Define the social group): _________________________________________________________________________ 4.10 Political Opinion 4.11 Coercive Family Planning [CFP] 4.12 No Nexus Credible Fear Finding 4.13 Credible fear of persecution established. OR 4.14 Credible fear of torture established. OR 4.15 Credible fear of persecution NOT established and there is not a significant possibility that the applicant could establish eligibility for withholding of removal or deferral of removal under the Convention against Torture. B. Possible Bars: 4.16 Applicant could be subject to a bar(s) to asylum or withholding of removal (check the box(es) that applies and explain on the continuation sheet): 4.17 Particularly Serious Crime 4.18 Security Risk 4.19 Aggravated Felon 4.20 Persecutor 4.21 Terrorist 4.22 Firmly Resettled 4.23 Serious Non-Political Crime Outside the United States 4.24 Applicant does not appear to be subject to a bar(s) to asylum or withholding of removal. 31 Form I-870 (Rev. 11/21/03) N Page 5
  46. 46. Alien’s File Number: C. Identity: 4.25 Applicant’s identity was determined with a reasonable degree of certainty (check the box(es) that applies): 4.26 Applicant's own credible statements. (If testimony is credible overall, this will suffice to establish the applicant’s identity with a reasonable degree of certainty). 4.27 Passport which appears to be authentic. 4.28 Other evidence presented by applicant or in applicant’s file (List): _______________________________________________ __________________________________________________________________________________________ 4.29 Applicant’s identity was not determined with a reasonable degree of certainty. (Explain on the continuation sheet.) SECTION V: ASYLUM OFFICER / SUPERVISOR NAMES AND SIGNATURES 5.1 ________________________________ 5.2 ____________________________ 5.3 ___ ___/___ ___/___ ___ Asylum officer name and ID CODE (print) Asylum officer’s signature Decision date 5.4 ________________________________ 5.5 ____________________________ 5.6 ___ ___/___ ___/___ ___ Supervisory asylum officer name Supervisor’s signature Date supervisor approved decision ADDITIONAL INFORMATION/CONTINUATION 32 Form I-870 (Rev. 11/21/03) N Page 6
  47. 47. Record of Negative Reasonable Fear Finding and Request for Attachment Form I- Review by Immigration G 898 Judge 33 Language Line Services Confidential Information
  48. 48. Record of Negative Reasonable Fear Finding U. S. Department of Justice Immigration and Naturalization Service and Request For Review by Immigration Judge Alien File __ __ __ __ __ __ __ __ Number 1. To be explained to the alien by the asylum officer: The INS has determined that you do not have a credible fear of persecution or torture pursuant to 8 CFR 208.30 for the following reason(s): A. You have not established a reasonable fear of persecution in your country of nationality or country of last residence because: You have not indicated that you were harmed in the past and you have not expressed fear of future harm. There is no reasonable possibility that the harm you experienced and/or the harm you fear is on account of one or more of the five grounds for asylum (race, religion, nationality, political opinion, or membership in a particular social group). You have not indicated that you were harmed in the past, and there is no reasonable possibility that the harm you fear in the future constitutes persecution. There is no reasonable possibility that you could suffer the harm you fear. AND You have not established a reasonable fear of torture in a country to which you may be removed because you have not established that there is a reasonable possibility that: You would suffer severe physical or mental pain or suffering. The harm you fear would be specifically intended to inflict severe physical or mental pain or suffering. The harm you fear would be inflicted by or at the instigation of, or with the consent or acquiescence of, a public official or other person acting in an official capacity. The harm you fear would be inflicted while you are in the custody or physical control of the offender; and/or The harm you fear would not be in accordance with lawful sanctions. B. Your claim has been found not credible because your testimony was inconsistent or lacked detail on material issues. When you were given an opportunity to explain, you were unable to give a reasonable explanation about the following issues: Your testimony was internally inconsistent on material issues. Your testimony was not consistent with documentation on material issues. Your testimony was not consistent with country conditions on material issues. Your testimony lacked reasonably sufficient detail on material issues. You may request that an Immigration Judge review this decision. If you request that an Immigration Judge review this decision, you will remain in detention until an Immigration Judge reviews your case. If you do not request that an Immigration Judge review the decision, you may be removed from the United States immediately. 2. To be completed by the alien: Yes, I request Immigration Judge review of the decision that I do not have a reasonable fear of persecution or torture. No, I do not request Immigration Judge review of the decision that I do not have a reasonable fear of persecution or torture. ____________________________________ ____________________________ _________________________________________________ Applicant’s Last Name/ Family Name (Print) Applicant’s First Name (Print) Applicant’s Signature ____________________________________ ____________________________ __ __ / __ __ / __ __ Asylum Officer’s Last Name (Print) Asylum Officer’s First Name, (Print) Date The contents of this form were read and explained to the applicant in the ________________________________________ language Interpreter used: By telephone (list interpreter service /ID number used __________________________________). In person (I, _______________________________, certify that I am fluent in both the ___________________ and English languages. I interpreted the above information completely and accurately to the alien.) 34 ____________________________ __ __ / __ __ / __ __ Form I-898 (3/22/99)
  49. 49. Record of Negative Reasonable Fear Finding U. S. Department of Justice Immigration and Naturalization Service and Request For Review by Immigration Judge Interpreter’s Signature Date 35 Form I-898 (3/22/99)
  50. 50. Record of Determination/ Attachment Form I- Reasonable Fear H 899 Worksheet 36 Language Line Services Confidential Information
  51. 51. U. S. Department of Justice Immigration and Naturalization Service Record of Determination/Reasonable Fear Worksheet ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ District Office Code Asylum Office Code Alien’s File Number ______________________ ________________ _____________________________________ Asylum Officer’s Last Name Asylum Officer’s First Name Alien’s Nationality _________________________ ___________________ Alien’s Last/ Family Name Alien’s First Name All statements in italics must be read to the applicant SECTION I: INTERVIEW PREPARATION 1.1 ___ ___ / ___ ___ / ___ ___ 1.2 _____________________________________________________________ Date of interview [MM/YY/DD] Interview site 1.3 Applicant received and signed Form M-488 and relevant pro bono list on ___ ___ / ___ ___ / ___ ___ Date signed [MM/DD/YY] 1.4 Representative name, address, telephone number and relationship to applicant: __________________________________________________________________________________________________ 1.5 Persons present at the interview (check which apply) Representative Other(s), list: ____________________________________________________________________________ No one other than applicant and asylum officer 1.6 Language used by applicant in interview: __________________________________________________________ 1.7 ______________________________________ Yes No ___________ ___________ Interpreter Service, Interpreter ID Number. Interpreter Has Forms Time Started Time Ended 1.8 ______________________________________ Yes No ___________ ___________ Interpreter Service, Interpreter ID Number. Interpreter Has Forms Time Started Time Ended 1.9 ______________________________________ Yes No ___________ ___________ Interpreter Service, Interpreter ID Number. Interpreter Has Forms Time Started Time Ended 1.10 Interpreter oath completed. 1.11 Interpreter was not changed during the interview 1.12 Interpreter was changed during the interview for the following reason(s) : 1.13 Applicant requested a female interpreter replace a male interpreter, or vice versa 1.14 Applicant found interpreter was not competent 1.15 Applicant found interpreter was not neutral 1.16 Officer found interpreter was not competent 1.17 Officer found interpreter was not neutral 1.18 Bad telephone connection 1.19 Asylum officer read the following paragraph to the applicant at the beginning of the interview: The purpose of this interview is to determine whether you should be referred to an immigration judge to apply for withholding or deferral of removal. You will be eligible for such a referral if the INS finds that there is a reasonable possibility you would be persecuted or tortured in the country to which you have been ordered removed. I am going to ask you questions about why you fear returning to the country to which you have been ordered removed, or any other country. It is very important that you tell the truth during the interview and that you respond to all of my questions. This may be your only opportunity to give such information. Please feel comfortable telling me why you fear harm. U.S. law has strict rules to prevent the disclosure of what you tell me today about the reasons you fear harm. The information you tell me about the reasons for your fear will not be disclosed to your government, except in exceptional circumstances. The statements you make today may be used in deciding your claim and in any future immigration proceedings. It is important that we understand each other. If at any time I make a statement you do not understand, please stop me and tell me you do not understand so that I can explain it to you. If at any time you tell me something I do not understand, I will ask you to explain. Page 1 of 3 37 Form I-899 (11/5/02)
  52. 52. Alien’s File Number: ___ ___ ___ ___ ___ ___ ___ ___ SECTION II: BIOGRAPHIC INFORMATION 2.1 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ Last Name/ Family Name [ALL CAPS] 2.2 ____________________________________ 2.3 ______________________________________________ First Name Middle Name 2.4 ___ ___/___ ___/___ ___ 2.5 Gender Male Female Date of birth [MM/DD/YY] 2.6 ________________________________________________________________________________________________ Other names and dates of birth used 2.7 ____________________________________ 2.8 ______________________________________________ Country of birth Country (countries) of citizenship (list all) 2.9 Prior address in last country in which applicant fears persecution or torture (List Address, City/Town, Province, State, Department and Country): _______________________________________________________________________________________________ 2.10 ___ ___/___ ___/___ ___ 2.11 _____________________________________________ Date of last arrival [MM/DD/YY] Port of arrival 2.12 ___ ___/___ ___/___ ___ 2.13 _____________________________________________ Date of detention [MM/DD/YY] Place of detention 2.14 Grounds provided by Deportation Officer for removal: Prior order reinstated pursuant to 241 (a)(5) of the INA Removal order pursuant to 238(b) of the INA (based on aggravated felony conviction) 2.15 ________________________ 2.16 ________________________ 2.17 ____________________________________ Applicant’s race or ethnicity Applicant’s religion All languages spoken fluently by applicant 2.18 Does the applicant claim to have a medical condition (physical or mental), or has the officer observed any indication that a medical condition (physical or mental) exists? Yes No 2.19 If YES, Explain: ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ ____________________________________________________________________________________________________ 2.20 Does applicant indicate, or does officer believe medical condition is serious? Yes No 2.21 Does applicant request immediate attention for a medical condition, or does the officer believe applicant needs immediate attention for a medical condition? Yes No 2.22 Does applicant claim that medical condition relates to torture? Yes No Page 2 of 3 38 Form I-899 (11/5/02)
  53. 53. Alien’s File Number: ___ ___ ___ ___ ___ ___ ___ ___ SECTION III: REASONABLE FEAR FINDING TYPED SWORN STATEMENT IN QUESTION AND ANSWER FORMAT AND ASSESSMENT OF REASONABLE FEAR MUST BE ATTACHED TO THIS WORKSHEET. If the asylum officer finds the applicant not credible, the sworn statement must reflect that the applicant was asked to explain any inconsistencies or lack of detail on material issues. A person has a reasonable fear of persecution or torture if there is a reasonable possibility the person would be persecuted or subjected to torture. A. Credibility Determination 3.1 The applicant’s testimony was sufficiently detailed, consistent and plausible in material respects and therefore is found credible. 3.2 The applicant’s testimony was found not credible in material respects. [Assessment must (1) identify specific discrepancies, inconsistencies, kind of detail applicant was unable to provide, etc. (2) Summarize applicant’s explanation for the inconsistencies, inability to provide detail, etc.; and why the explanation failed to overcome reasons for finding the applicant not credible; and (3) explain how the non-credible aspects of the testimony are material to the claim.] 3.3 Material aspects of the applicant’s testimony were found credible in part and not credible in part. [Assessment must identify which material aspects were credible and which were not credible. For part of testimony found not credible, (1) identify specific discrepancies, inconsistencies, kind of detail applicant was unable to provide, etc.; (2) Summarize applicant’s explanation for the inconsistencies, inability to provide detail, etc.; and (3) Explain how the non-credible aspects of testimony are material to the claim.] B. Reasonable Fear Determination 3.4 Reasonable Fear of Persecution Established (I-863 Box 6) [The applicant has established that there is a reasonable possibility of suffering harm constituting persecution in the country to which the applicant has been ordered removed, AND the applicant has established that there is a reasonable possibility the persecution she/he fears is on account of race, religion, nationality, membership in a particular social group, or political opinion.] Is political opinion related to Coercive Family Planning? Yes No 3.5 Reasonable Fear of Torture Established (I-863 Box 6) [The applicant has established that there is a reasonable possibility that 1) the applicant would be subject to severe pain or suffering in the country to which the applicant has been ordered removed; 2) the feared harm would be specifically intended to inflict severe physical or mental pain or suffering; 3) the pain or suffering would be inflicted by or at the instigation of, or with the consent or acquiescence of, a public official or other person acting in an official capacity; 4) the feared harm would be inflicted while the applicant is in the custody or physical control of the offender; and 5) there is a reasonable possibility that the feared harm would not be in accordance with lawful sanctions.] 3.6 No Reasonable Fear of Persecution Established and No Reasonable Fear of Torture Established (I-863 Box 5, if applicant requests review) [Assessment must explain reasons for both findings.] ASYLUM OFFICER / SUPERVISOR NAMES AND SIGNATURES 3.7 ________________________________ 3.8 ____________________________ 3.9 ___ ___/___ ___/___ ___ Asylum officer name and ID CODE (print) Asylum officer’s signature Decision date 3.10 ________________________________ 3.11 ____________________________ 3.12 ___ ___/___ ___/___ ___ Supervisory asylum officer name Supervisor’s signature Date supervisor approved decision Page 3 of 3 39 Form I-899 (11/5/02)
  54. 54. Monitor’s Oath in Affirmative Asylum Attachment I No Form # Interview 40 Language Line Services Confidential Information
  55. 55. U. S. Department of Homeland Security MONITOR’S OATH IN AFFIRMATIVE ASYLUM INTERVIEW Alien number: ______________________________ Monitor Identification Code: ______________________________ Do you affirm that you will truthfully, literally, and fully report to the Asylum Officer any mistranslation that occurs during the course of this asylum interview? Yes ‫‮‬ No ‫‮‬ Do you affirm that you will immediately notify the Asylum Officer in this case if you become aware of your inability to monitor the asylum interview in a neutral manner on account of a bias for or against the applicant for any reason, including the applicant’s race, religion, nationality, membership in a particular social group, or political opinion? Yes ‫‮‬ No ‫‮‬ Do you affirm that you understand that all matters discussed in this interview are confidential and that you will not share what you hear during this interview with any person or entity? Yes ‫‮‬ No ‫‮‬ Telephonic affirmation witnessed by: ______________________________ ____________________________ Asylum Officer Name or Number Asylum Officer Signature Date: 41
  56. 56. USCIS Asylum Program, Information Guide for Prospective Attachment J No Form # Asylum Applicants 42 Language Line Services Confidential Information
  57. 57. Every year people come to the United States How do I apply for asylum? Can anyone help me with my asylum interview? seeking protection because they have been To apply for asylum, you will need to complete Form You may bring your own attorney or legal representative to persecuted or fear they will be persecuted I-589, Application for Asylum and for Withholding of Removal, the asylum interview at no cost to the U.S. Government. Fr e qu e n t l y A s ke d Q u e s t i o n s Ab o u t t h e A s y l u m P ro c e s s on account of their race, religion, national- and follow the instructions carefully. Forms are avail- O ve r v i ew o f A s y l u m P ro c e s s able online at http://www.uscis.gov/forms and also How will I be interviewed if I do not speak English? ity, membership in a particular social You will be interviewed through an interpreter. USCIS does by calling the forms request line at 1-800-870-3676. group, or political opinion. Those found not provide interpreters. You must bring your own inter- eligible for asylum may be permitted to What is the fee to apply for asylum? preter to the interview. If your interpreter does not speak remain in the United States. There is no fee to apply for asylum. English sufficiently, your interview may need to be resched- uled so that you can find a more competent interpreter. What is asylum? Can I include my spouse and children on my case? Asylum is a form of protection from removal to a Your spouse and children who are in the United States What will happen at my asylum interview? country of feared persecution that allows an eligi- may be included on your application at the time you You will arrive at the asylum office for a non-adversarial ble refugee to remain in the U.S. and eventually to file or at any time until a final decision is made on interview with an asylum officer who will verify your iden- become a lawful permanent resident. your case. A child must be under 21 and unmarried tity and ask you basic biographic questions and the reasons to be included as a dependent on your application. you are applying for asylum. Everything you say at the inter- Who can apply for asylum? view is confidential. It is very important that you tell the You should bring these dependents with you to your Individuals of any nationality currently in the U.S. Asylum Officer your experiences in as much detail as possi- asylum interview. or who are seeking entry at a port of entry ble so that the Asylum Officer can determine whether you (airport, seaport, or border crossing). Am I subject to security and background checks if I qualify as a refugee. A decision on your case will not be apply for asylum? made on the same day as the asylum interview. When must I apply for asylum? Generally you must apply for asylum within one Yes. Every individual who applies for asylum is subject How does the asylum officer determine if I am eligible year of your last arrival into the U.S. Exceptions to background and security checks. Depending on the for asylum? may apply such as (1) changed circumstances in results of these checks, you may be found ineligible The Asylum Officer will determine if you are eligible by your home country that affect your eligibility or for a grant of asylum. evaluating whether you meet the definition of a refugee and (2) extraordinary circumstances related to your are not barred from a grant of asylum based on information Will I be fingerprinted if I apply for asylum? lateness in filing. you provide on your application and during your interview Yes. After you have filed your asylum application, you will receive a notice in the mail with the time, date with an Asylum Officer, as well as other information that Can I apply for asylum if I am here illegally? may be available to the officer. Yes. You may apply regardless of your immigra- and location to have your fingerprints taken at an Ap- tion status as long as you file your application plication Support Center. What happens if I am found ineligible for asylum? within one year of your last arrival or demonstrate If you are found ineligible but hold a valid immigration that you are eligible for an exception to that rule. Can I work after I file for asylum? status or are qualified to remain in the U.S. (based on Tem- You cannot apply for work authorization at the same porary Protected Status or, in some cases, parole), you will Can I apply if I was convicted of a crime? time you apply for asylum. However, you can apply receive a notice of intent to deny your case that explains the Yes. However, you may be barred from being for work authorization if 150 days have passed since reasons you were found ineligible. You will have the op- granted asylum depending on the crime. you filed your complete asylum application, excluding portunity to rebut these reasons and provide additional evi- any delays caused by you, and no decision has been Can I be barred from applying for or being dence to support your case. If you do not hold a valid im- made on the application. Additionally, if granted asy- granted asylum? migration status or are not qualified to remain in the U.S., lum status, you are authorized to work as soon as your You may be barred from applying for asylum if you will be placed in removal proceedings and your case asylum case has been approved. you previously applied for asylum and were de- will be referred to an immigration judge who will evaluate nied by an immigration judge or Board of Immi- Can I travel outside the U.S. after I file for asylum? your asylum claim anew. gration Appeals, if you did not apply within one If you must travel outside the U.S. before a final deci- How do I find out the status of my case? year of your last arrival, or if you could be re- sion has been made in your asylum case, you must Please contact the USCIS Asylum Office that has or will be moved to a safe third country pursuant to a bilat- receive advance permission, also called Advance Parole conducting your asylum interview. eral or multilateral agreement. You may be barred before leaving the U.S. in order to return. If you fail to from a grant of asylum due to certain criminal obtain Advance Parole, USCIS will presume you have Where can I find the law? activities, security-related grounds or if you have abandoned your application and you may be denied The legal foundation for asylum comes from Section 208 of been involved in the persecution of others or are readmission into the U.S. Additionally, if you obtain the Immigration and Nationality Act. Federal regulations already firmly resettled in another country. Cer- Advance Parole and return to the country of feared that explain the eligibility requirements and procedures for tain exceptions may apply. If you are barred from persecution, USCIS may determine you have aban- asylum can be found in the Code of Federal Regulations applying for asylum, however, you may still be doned your application for asylum unless you can (CFR) at 8 CFR § 208. entitled to withholding of removal, another, more provide compelling reasons for your return. limited form of protection that can be granted in 43 removal proceedings.
  58. 58. Affirmative Asylum at a Glance Additional Resources STEP ONE: Asylum-Seeker Arrives in the United States You have a right to provide your own legal representation at PROTECTION • INTEGRIT Y • SERVICE An asylum-seeker is generally eligible to apply for asylum an asylum interview, at no cost to the United States Govern- under INA § 208(a) if he or she 1) is arriving in or physi- cally present in the U.S., and 2) files within one year of ment. You may obtain a list of pro bono (free or reduced arriving in the U.S. or establishes that an exception to the cost) attorneys or community-based, non-profit organiza- requirement to file within one year applies. tions that may be available to assist you by: STEP TWO: Asylum-Seeker Applies for Asylum • Viewing our webpage that provides information on free Asylum-seeker files Form I-589, Application for Asylum and for legal advice. Withholding of Removal, with the appropriate Service Center. • Calling the forms request line at 1-800-870-3676. STEP THREE: Applicant is Fingerprinted and Background Security Checks Conducted • Visiting the DOJ Executive Office for Immigration Review website at http://www.usdoj.gov/eoir. Applicants 13 years of age and older receive a notice from the Service Center to go to an Application Support Center • Contacting the asylum office or district office near your USCIS or authorized Designated Law Enforcement Agency to have their fingerprints taken. home. A SY LU M STEP FOUR: Applicant Receives Interview Notice Representatives of the United Nations High Commissioner P RO G R A M In most cases, an applicant will receive a notice stating the for Refugees (UNHCR) may be able to assist you in identify- date, location, and time of the asylum interview within 21 ing persons to help you complete your Form I-589. To con- days after the applicant submitted a complete Form I-589. tact the UNHCR call (202) 296-5191 or visit STEP FIVE: Applicant is Interviewed http://www.unhcr.org. The applicant is interviewed by an Asylum Officer at one of eight asylum offices located in Arlington, VA; Chicago, IL; Houston, TX; Los Angeles, CA; Miami, FL; Newark (Lyndhurst), NJ; New York (Rosedale), NY; and San Fran- cisco, CA or, if the applicant lives too far from an asylum For more information about the topics discussed office, at a district office. in this pamphlet , please visit: In the majority of cases, the applicant is interviewed within 43 days after filing, though time frames for individuals http://www.uscis.gov/asylum or call 1-800-375-5283 interviewed at a district office may be longer because Asy- lum officers must arrange to travel to these offices. Information Guide for Prospective STEP SIX: Asylum Officer Makes Eligibility Determina- tion and Supervisory Asylum Officer Reviews Decision Asylum Applicants The Asylum Officer determines whether the applicant meets the definition of a refugee in INA § 101(a)(42)(A) and if a bar from being granted asylum under INA § 208 (b)(2) applies. A Supervisory Asylum Officer reviews the Asylum Officer’s decision to determine if it is consistent with the law. STEP SEVEN: Applicant Receives Decision In most cases, the applicant returns to the asylum office to pick up the decision two weeks after the interview was conducted. The applicant will generally receive the deci- sion 60 days after the filing date. Case decisions may be delayed, however, due to pending security or background checks. Longer processing times also may be required for an applicant who is currently in valid status, was interviewed at a district office, or whose case is being reviewed by Asylum Division Headquarters staff. The decision is generally mailed to the applicant in www.uscis.gov/asylum these situations. 44
  59. 59. Code of Federal Attachment K No Form # Regulations, Title 8 45 Language Line Services Confidential Information

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