"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. Can i ask you something here? The attorney listings on this site are paid attorney advertising. A. Hi, everyone! Questions and Answers: Credible Fear Screening. But questions were same. www.DzubowLaw.com if you are unable to go at the specified date and time, you can request that the interview be rescheduled. My first interview took place in August 2018. This sounds like a refugee case and I do not do such cases, so I cannot give you an idea about the time frame, sorry. The only people who cannot be witnesses are interpreters and representatives that the applicant brings to the asylum interview. In general, requests to reschedule Asylum Merits Interviews will not be honored. 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. Were included in the positive credible fear determination; or. Your second interview for retesting will happen 60 to 90 days after the first. However, we encourage your witness to provide sworn written testimony or affidavits before your interview and not attend the interview. The purpose of the independent basis determination is to allow your dependents to pursue their own claim if the IJ does not grant you asylum once you are in streamlined removal proceedings and your dependents are unable to derive asylum from you. They also will consider whether you are barred from a grant of asylum and whether you warrant a grant of asylum as a matter of discretion, and they will determine whether you demonstrated eligibility for withholding of removal or protection under CAT based on the record before USCIS. the addresses on uscis have been updated. JavaScript is disabled. You must file the petition within 2 years of being granted asylum unless there are humanitarian reasons to excuse this deadline. This means that you may be removed to a third country where you would not be tortured. Contacting the USCIS field office or asylum office near your home. However, you may be removed to a third country where your life or freedom would not be threatened. You may not be granted asylum or withholding of removal if: See Immigration and Nationality Act (INA) sections 208(b)(2)(A) and 241(b)(3)(B) and 8 CFR 208.16(d). You must log in or register to reply here. My RTD expired and I need to renew it. More 0 found this answer helpful | 1 lawyer agrees Helpful Unhelpful 0 comments Share sensitive information only on official, secure websites. If an asylum officer finds that you have a credible fear of persecution or torture, we may either: If an asylum officer finds that you do not have a credible fear of persecution or torture, you can request review by an IJ. 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. could you please share your experience with second interview? Asylum Officer will ask why you do not want to return to your country. Immigrant Visas (Green Cards) Political Asylum in USA Asylum clock stopped after 2nd interview Asylum_S Apr 30, 2019 1 2 Next A Asylum_S Active Member Apr 30, 2019 #1 Hi I have my 1st interview a 2 months ago and were asked to have a second interview. Obviously, your second asylum application will need to address any problems that resulted in the denial of the first one. Treat the interview as an important event and dress in a respectful manner. The first is strengthened safeguards in asylum decision-making. A. 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. I have never seen data about second interviews from the Asylum Division, and so we are left to speculate. Hello Community, If you are in expedited removal proceedings and are found to have a credible fear of persecution or torture, you may seek asylum before an asylum officer with USCIS or an Immigration Judge (IJ) with the Department of Justice, Executive Office for Immigration Review. document.getElementById( "ak_js_1" ).setAttribute( "value", ( new Date() ).getTime() ); Jason Dzubow, Esq. To participate remotely, they must choose the document corresponding to the asylum office where we have scheduled your interview: Each document is specific to that asylum office. The AO might ask you a general question about it (such as, "So, tell me, why are you seeking asylum?") The filing date for your asylum application is the date of service of your positive credible fear determination. Who Should Come with You to Your Asylum Merits Interview? The interview conducted in 3 parts: 1. We take no responsibility for the information presented here. Today, approximately 163,500 displaced Ukrainians live in the UK. You will be smart retaining a diligent immigration counsel to bolster that asylum case for any available legal grounds and corroborating evince prior to second interview, if you care about the case result. This Webinar will discuss the factors that go into an interview decision, why. The attorney can help make sure that your interview is conducted appropriately and that any legal issues that might arise get clarified. Allen Schwartz now has a. So how do you prepare for a second interview if you do not know what to expect? 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). So you were scheduled for individual hearing a year after your MCH wow that's a quick one mine was scheduled 4yrs later. The interpreter will also take an oath promising to interpret accurately and truthfully. It may not display this or other websites correctly. The AO will have reviewed your asylum application and your immigration file before interviewing you. If you do not request review by the IJ, or the IJ agrees with the negative credible fear determination, U.S. Immigration and Customs Enforcement (ICE) may remove you from the United States. After the Asylum Application is Adjudicated: If you aregrantedasylum, you are immediately authorized to work. Some asylees choose to obtain EADs for convenience or identification purposes, but an EAD is not necessary to work if you are an asylee. If you do not request a review of the determination, Immigration and Customs Enforcement (ICE) may remove you from the United States. SeeFamily of Refugees & Asyleesfor more information on immigration benefits for your spouse and children. 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. However, they struggle to access qualified jobs, housing and healthcare. 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. In some cases, country conditions change, and this may raise additional questions, or perhaps a change in the law necessitates another interview. If an asylum officer finds you do not have a credible fear of persecution or torture, you can request review by an IJ. At a special interview the political seeker could explain what they skilled on their country of origin and why they had to quit. Often times, copies of documents are enough, especially if you explain why you cannot get originals (assuming you are comfortable explaining this to people). They may be very brief, but they could also be extremely comprehensive. Please visit our Asylum page for information about how rescheduling your interview may affect permission to work in the United States. 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. 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. Jason Dzubow, Esq. 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. Always be honest, detailed, and consistent with what you had stated in your application. 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 you guess and your answer is not consistent with prior testimony or evidence, it could result in an adverse credibility finding, which would likely cause your case to be denied. Everything you discuss with the AO will remain confidential, and will not be recorded (other than the officer's note-taking). Possible second interview. In terms of the outcome, my sense is that a second interview is not a positive or a negative sign. If you still wish to seek asylum in the United States, you must file Form I-589, Application for Asylum and for Withholding of Removal, with the immigration court. How to prepare for the interview, what to expect and how to answer questions. Refugee Admissions Program and provide for the swift processing . Looking for U.S. government information and services? If you have already been scheduled for an Asylum Merit Interview, but you would like to request an earlier interview date, asylum office directors may consider your request on a case-by-case basis. Avvo Rating: 7.9. There are two reasons USCIS might call you for a second interview. Try to present evidence for your reason, such as a doctor's letter. An asylum officer will decide whether you are eligible for asylum.
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