1. What is the criteria for granting asylum?
In general, asylum is granted to a person who is unable or unwilling to return to their country of origin due to a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. To qualify for asylum, the applicant must meet the definition of a “refugee” as outlined in the 1951 United Nations Refugee Convention. The applicant must also be physically present in the country they are seeking asylum in and not have obtained protection from another country.
2. What is the process for a credible fear interview?
The credible fear interview process typically begins with an initial screening interview conducted by DHS or immigration officers. During the screening, the individual will be asked questions about their identity, travel history, and the details of their claim. If the individual passes the screening, their case will be referred to an Asylum Officer for a full credible fear interview. During the full credible fear interview, the Asylum Officer will ask more detailed questions about the individual’s claim to determine if they have a credible fear of persecution or torture in their home country. After the interview is concluded, the Asylum Officer will make a determination as to whether or not the individual has a credible fear of persecution or torture. If they do, then the individual will be allowed to stay in the United States while their asylum case is adjudicated.
3. What are the steps in the asylum adjudication process?
1. Filing an Application: An applicant may choose to file for asylum at the time of inspection or after entry.
2. Appearing for an Interview: An immigration officer will conduct interviews with asylum applicants to assess their case for eligibility.
3. Receiving a Decision: The decision to grant or deny an asylum application is made by an immigration judge or Asylum Officer in a formal process known as an adjudication process.
4. Appealing a Denial of Asylum: If the applicant’s application for asylum is denied, they may appeal the decision and request a review by either the Board of Immigration Appeals or a federal court.
4. How does an asylum officer determine whether an applicant has a credible fear of persecution?
An asylum officer will determine whether an applicant has a credible fear of persecution by assessing their statements, any documents they may provide, and the credibility of their story. The officer will also look at the general conditions in the applicant’s home country to evaluate the plausibility of their claims. In order to have a credible fear, the applicant must demonstrate that they have a “significant possibility” of being able to establish eligibility for asylum in front of an immigration judge. The asylum officer will also consider whether the applicant’s fear is based on one of the five protected categories: race, religion, nationality, political opinion, or membership in a particular social group.
5. What evidence can an asylum applicant present to demonstrate a well-founded fear of persecution?
An asylum applicant may present evidence such as eyewitness accounts of incidents of persecution, medical records documenting physical or psychological harm, newspaper articles or reports from human rights organizations, or documents from government officials. They may also provide testimony from family members, friends, and religious or community leaders attesting to their fear of persecution.
6. What happens if an applicant is found to have a credible fear of persecution?
If an applicant is found to have a credible fear of persecution, they may be able to apply for asylum in the United States or with another country. The asylum seeker must be able to prove that they have a well-founded fear of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group. If the asylum application is approved, the applicant may be granted permanent residency in the U.S., or may be permitted to remain in the U.S. temporarily while their status is determined.
7. How long does the asylum adjudication process typically take?
The asylum adjudication process typically takes anywhere from 6 months to several years, depending on the individual’s case.
8. How do U.S. immigration authorities determine whether an applicant is eligible for asylum?
U.S. immigration authorities evaluate an applicant’s eligibility for asylum using the legal definition of a refugee as outlined in the Immigration and Nationality Act (INA). To qualify for asylum, an applicant must demonstrate that they meet the definition of a refugee, which includes showing that they have suffered persecution or have a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group or political opinion. In addition, the applicant must demonstrate that they are unable or unwilling to return to their home country and are not barred from applying for asylum because of certain criminal convictions or other activities.
9. What factors will be considered in making an asylum decision?
When making an asylum decision, a number of factors will be taken into consideration, including the individual’s identity, the reasons for their asylum claim, the severity of the conditions in their country of origin, any evidence to support their claim, any security risks posed by granting asylum, and any other relevant information. Additionally, the applicant’s country of origin may be taken into consideration when evaluating an asylum claim.
10. Are children eligible to apply for asylum?
Yes, children are eligible to apply for asylum. However, if a child is under the age of 18 and not accompanied by a parent or legal guardian, they may be classified as an unaccompanied minor and receive additional protections.
11. What is an “affirmative” asylum application?
An affirmative asylum application is a request for asylum that is filed by someone who is currently present in the United States. This application can be filed with the U.S. Citizenship and Immigration Services (USCIS). An affirmative asylum application is filed by someone who believes they qualify for asylum and who has not been placed in removal proceedings.
12. How are interview questions used in the asylum adjudication process?
Interview questions are used in the asylum adjudication process to determine an applicant’s credibility and eligibility for asylum. During the interview, the asylum officer will ask the applicant questions about their past, including their family, employment history, travel history, and experiences of persecution. The answers to these questions will be used by the asylum officer to assess the applicant’s credibility and eligibility for asylum. The applicant will also have an opportunity to present evidence that supports the claims made in their application.
13. What happens if an application for asylum is denied?
If an application for asylum is denied, applicants may be subject to deportation to their country of origin. Depending on the situation, they may be able to appeal the decision or file a motion to reopen or reconsider the case.
14. Can an applicant appeal a decision denying their asylum application?
Yes, an applicant can appeal a decision denying their asylum application. An applicant must file a motion to reopen or reconsider with the same immigration court within 30 days of the denial. The applicant must provide new evidence or explain why their case should be reconsidered. The motion must be accompanied by supporting documentation and, if applicable, required filing fees.
15. Are there any fees associated with applying for asylum?
Yes. There is a fee of $50 for submitting Form I-589 to the United States Citizenship and Immigration Services (USCIS). Additionally, if the applicant wishes to apply for employment authorization, they would have to pay an additional fee.
16. Is there any legal assistance available for those applying for asylum?
Yes, there is legal assistance available for those applying for asylum. Organizations, such as the American Immigration Lawyers Association, offer pro bono legal services to those who cannot afford to hire an attorney. Additionally, many non-profits specialize in providing legal aid to asylum seekers.
17. Are there any special considerations for applicants with disabilities or health issues related to their persecution?
Yes, applicants with disabilities or health issues related to their persecution may be eligible for consideration under the Convention Against Torture, which grants protection to individuals who had been subject to torture and cruel, inhuman, or degrading treatment or punishment. Additionally, certain medical examinations may be waived or modified for these individuals. It is important to discuss any medical considerations with the immigration official handling your case.
18. Are there any specific issues related to LGBT applicants that must be addressed in the adjudication process?
Yes, there are certain issues that must be addressed in the adjudication process for LGBT applicants. These include ensuring that the applicant’s gender identity and/or sexual orientation are not used to discriminate against them, that their application is reviewed in a fair and unbiased manner, and that any potential biases are addressed through sensitivity training and education. Additionally, it is important that all application materials are culturally competent and that LGBT applicants have access to resources and support services.
19. Are there any restrictions or limitations on employment while waiting for a decision on an asylum application?
Yes, there are restrictions and limitations on employment while waiting for a decision on an asylum application. Specifically, asylum seekers are typically not allowed to work until they have been granted asylum. Additionally, asylum seekers are not entitled to government-funded benefits or financial assistance until their asylum applications have been approved.
20. Is it possible to have a successful asylum application after having previously been deported from the United States?
Yes, it is possible to have a successful asylum application after having previously been deported from the United States, but it is very difficult. A person must demonstrate that circumstances in their home country have changed significantly since the deportation and that they face a credible fear of persecution or torture if they return. Additionally, in order to apply for asylum, the individual must be physically located in the United States.