File at the Chicago office. 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. Dzubow & Pilcher, PLLC The attorney can help make sure that your interview is conducted appropriately and that any legal issues that might arise get clarified. If any of the documents are not in English, make sure to bring their translations, and translation certificates. You may present witnesses and submit affidavits of witnesses. Please submit any urgent interview scheduling requests in writing to the asylum office with jurisdiction over your case. Law360 (April 21, 2023, 10:23 PM EDT) -- A North Carolina resident on Friday took U.S. 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 reference the Terms of Use and the Supplemental Terms for specific information related to your state. The more facts your asylum application and your personal declaration contain, the longer your interview will probably last. What Will Happen if an Asylum Officer Finds I Have a Credible Fear? Is there any way in the U.S that I can prove that I graduated from college in my country without returning to my country? I checked where to send the RTD forms and found that the website sends me back to a link where Employment based forms are filed. Guys, if anyone been called for a second interview, please share your experiences here Let us know how long after your first interview was second interview conducted, if the same officer or different officer conduct the interview & what were the reason in your opinion for conducting second interview, such as : more clarification, makes no sense, some issues in the application, change circumstances in home country etc Also, if you have received the decision after second interview (approval, referral etc)., let us know how long you waited for the decision after second interview. My friend, bring a lawyer at your next interview. Hello Jason, Australian immigration and asylum. 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. Your ability to obtain asylum depends on that. Some cases, filed in 2015-2018 are pending for years in the United States. The second is further regulation of the use of detention. USCIS will probably never return them. If your rescheduling request is granted, you will receive a notice about four weeks before your new interview date. 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. Can i ask you something here? Some asylees choose to obtain EADs for convenience or identification purposes, but an EAD is not necessary to work if you are an asylee. "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. Are There Any Mandatory Bars to Establishing a Credible Fear of Persecution or Torture? 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. According to the annual report of the Department of Homeland Security ( DHS ), in 2020 asylum was granted to 31,429 individuals. Did anything unusual happen? 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. Do you recall making any mistakes? For the regulations governing Asylum Merits Interviews, see 8 CFR 208.9. JavaScript is disabled. An orientation to the credible fear process; A list of free or low cost legal service providers; A waiting period of at least 48 hours after your arrival at adetention site before taking part in the interview; and. Your asylum interview will be conducted in private. 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. 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). Share sensitive information only on official, secure websites. If you do not understand a question, tell the officer that you do not understand. The AO assigned to your case will take you into a private office. For instance, you can: Do not be concerned if the AO asks you the same question several times or in several different ways. What Will Happen if an Asylum Officer Does Not Find a Credible Fear? I do not have much faith in those notices, but I expect it means there is an issue in your case and it requires additional review, maybe at headquarters. For more information, see the Obtaining Asylum in the United Statesand Asylum Merits Interview with USCIS: Processing After a Positive Credible Fear Determination pages. The attorney listings on this site are paid attorney advertising. You must log in or register to reply here. Make sure you bring any identity documents you have for your children, including passports, birth certificates or national identity cards. Depending on the results of these mandatory checks, you may not merit a final grant of asylum, and we may refer your application to immigration court for removal proceedings. "Exigent circumstances" must exist to reschedule an Asylum Merits Interview. Unfortunately, there is usually no way to know in advance why the Asylum Office has scheduled a second interview. If you don't show up for your interview, you have valid immigration status in the U.S., and you do not provide an explanation of why you missed your interview within 15 days after the date on which it was scheduled, your asylum case will be administratively closed. My first interview took place in August 2018. I did call unfortunately it is within the normal timeline. However, we may terminate your asylum status if you: SeeSection 208(c)(2) of the Immigration and Nationality Actfor more information on the termination of asylum status. Having your Attorney or Accredited Representative Participate in your Asylum Merits Interview from a Remote Location via Telephone. Have an immigration attorney prepare you for the second interview, and also go to the interview with you. If you are submitting the information or additional evidence directly to an asylum office: If the asylum officer, in their discretion, finds good cause, they may consider amendments or supplements submitted after the 7- or 10-day (depending on the method of submission) deadline or may grant you an extension of time to submit additional evidence, provided the extension would not result in a delay in the adjudication of your case by USCIS more than 60 days from the date of filing. They must bring any identity, travel, or other supporting documents they have in their possession with them. Your spouse or child would have to apply for such protection on their own and establish their own individual entitlement to protection. No other officials will be in the room where you are interviewed. Website. The company has produced titles that capitalize on productions by major studios, often using film titles and scripts very similar to those of current blockbusters in order to lure customers. Other travel or identification documents; and. However, we encourage your witness to provide sworn written testimony or affidavits before your interview and not attend the interview. 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. A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. The substantive interview could be the most important part of your asylum application. Looking for U.S. government information and services? Do not exaggerate. Under the deal, Rwanda can also ask the UK to take in some of its most vulnerable refugees.. Your use of this website constitutes acceptance of the Terms of Use, Supplemental Terms, Privacy Policy and Cookie Policy. Here, we'll describe exactly what takes place at that interview. If your spouse or children under the age of 21 were included in (and named on) your asylum application, they must accompany you to the interview. www.DzubowLaw.com Ive been hearing reports about second (or third) interviews from others and we are seeing it in our own practice as well. 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. Please visit our Asylum page for information about how rescheduling your interview may affect permission to work in the United States. Licensed for 9 years. A request to reschedule an asylum interview must include the reason for the request and any relevant evidence. 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. There are no mandatory bars to establishing a credible fear or persecution or torture. You may apply for a Green Card 1 year after being granted asylum. 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. So how do you prepare for a second interview if you do not know what to expect? Unfortunately, there is usually no way to know in advance why the Asylum Office has scheduled a second interview. If a bar applies, but you established that you would be tortured in the country of return, the IJ will grant deferral of removal. A .gov website belongs to an official government organization in the United States. Retain and consider your application for asylum and also consider your eligibility for withholding of removal and protection under the Convention Against Torture (CAT) in a second interview. My RTD expired and I need to renew it. You have the right to bring an attorney or accredited representative to your Asylum Merits Interview and to any immigration proceedings before the immigration court, at no cost to the U.S. government. A. NOTE:If the interview notice was not mailed to the most recent address you provided to USCIS, then the asylum office will reschedule the interview without requiring exigent circumstances. 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. I was granted asylum a few months ago in the US. I would guess that maybe 5% of my asylum clients have been interviewed more than once. Hi, everyone! I did the 2nd interview last week on last Friday. A .gov website belongs to an official government organization in the United States. Try to present evidence for your reason, such as a doctor's letter. Citizenship and Immigration Services to Maryland federal court, saying that he's waited over 1,200 days to . I was scheduled for a second interview. Entitlement to Withholding of Removal Under Section 241(b)(3) of the INA. Refugee Admissions Program and provide for the swift processing . The second part of the interview involves discussing the substance of your . The filing date for your asylum application is the date of service of your positive credible fear determination. 3. 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 are granted asylum, you may petition to bring your spouse and children to the United States by filing aForm I-730, Refugee/Asylee Relative Petition. 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!). Maybe if you can talk to the people who interviewed you, they can give you an idea about this. If necessary, the asylum officer will also determine whether you demonstrated eligibility for withholding of removal or protection under the Convention Against Torture (CAT) based on the record before USCIS; or, Issue a Notice to Appear before an immigration judge (IJ) with the Department of Justices Executive Office for Immigration Review (EOIR) for consideration of your asylum, withholding of removal, and CAT protection claims. 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. The several months estimation is only valid for the recent cases. The asylum officer will first ask questions identifying the applicant and then will ask questions regarding why the applicant fears returning to the individual's country of origin to determine asylum eligibility. You are a refugee who is unable or unwilling to return to your country of nationality, or last habitual residence if you have no nationality, because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion; and. The immigration bureau office at Suan Phlu The second interview is scheduled very close in time to the first. The grant of asylum generally includes your spouse and unmarried children under the age of 21 who were included in your application for asylum. At your Asylum Merits Interview, an asylum officer will consider whether you are barred from a grant of asylum. www.DzubowLaw.com Who Should Come with You to Your Asylum Merits Interview? However, you may be removed to a third country where your life or freedom would not be threatened. did you receive decision after? The case highlights the need for Thailand's government to end the indefinite detention of asylum seekers. Q. Today, approximately 163,500 displaced Ukrainians live in the UK. Im desperate here for a travel parole its been around 16 months since I applied, I need to see my family its been 7 years!! Take care, Jason. Referred to Court After second asylum interview | US Immigration forums hosted by the Law offices of Rajiv S. Khanna, PC for the community. You may receive your credible fear interview while in detention, consistent with current procedure. Though I havent seen any data to back this up, it seems to me that second interviews at the Asylum Office are becoming more common. (biographical data/dates/one-year and reasonable time) 2. You must demonstrate that your failure to appear at the interview was due to "exceptional circumstances." Your decision might be mailed to you after your interview or you might be asked to return in person to pick it up. The speedy screenings were among Trump-era immigration polices that Biden rolled back in a February 2021 executive order. The written record of your positive credible fear determination will be treated as your application for asylum. 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. Every individual who applies for asylum will be subject to a series of background and security checks. Any unanswered questions or incomplete answers on the application are resolved at the interview. Guys though it is a very further step but still i would like to share . I suppose it also depends on what you need and who you need to prove this to. Good cause could include such reasons as an illness, a death in the family, or an inability to travel to the Asylum Office on the date of your interview. Make sure to do this as soon as possible. You may provide this written testimony to USCIS as additional evidence in compliance with the requirements stipulated in the Amending or Supplementing Application for Asylum section above. Do NOT submit originals of your immigration or identity documents. To be granted withholding of removal to a country under Article 3 of CAT, as implemented in U.S. law, you must show that it is more likely than not that you would be tortured in that country. If you have asked for either a male or female interviewing officer then we will arrange this for you. For details, see Chances of Winning a Grant of Asylum. You warrant asylum as a matter of discretion. This month I inquired again, got response under extended review . 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.