Asylum Process in the United States

August 14, 2012 § Leave a comment

There two ways to get asylum status in US. Affirmative process and Defensive process are the two ways. From past five years US has become top receiving country for asylum seekers.

To apply for asylum, applicants have to apply within one year of arriving in the US and physically present in the United States under  the ”Affirmative Asylum” process. By submitting the Form I-589, application for Asylum and for Withholding of Removal to USCIS one can get the affirmative asylum. And can live in the United States while your application is pending before USCIS and also can remain in the United States if you found ineligible.

To apply for “Defensive Asylum” Processing, you must be in removal proceedings in immigration court with the Executive Officers for Immigration Review (EQIR). Asylum seekers will receive the receipt once their application is received by US Citizenship and Immigration Services (USCIS) and they should visit their nearest Application Service Centre for fingerprint.

Once the fingerprinting is done, asylum seekers will receive interview notice within 21 days and also applicants must receive interview notice within 45 days from the date they are filed. Before asylum officer reviews the case, applicant must made decision on the case within 180 days of the application being filed and their decision is further reviewed by a supervisor. These reviews will be undertaken by the senior staff. Applicants should expect to receive a decision on their case within the 60 days of submitting their form.

After the review, if application is rejected the asylum seeker will receive a “Notice of Intent to Deny” with 16 days time to respond to the court. If no response from the applicant, final denial is issued and applicant is removed from the US.

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