Immigrants seeking asylum in us

The judge will hear arguments from both of the following parties:. A USCIS asylum officer will conduct a credible fear screening interview to determine whether you have a credible fear of persecution or torture.

Migrants from three countries are driving the spike in encounters at the southern border, swamping a backlogged immigration system

The judge will hear arguments from both of the following parties: You and your attorney, if represented The U. See the Granted a Green Card by an Immigration Judge or Board of Immigration Appeals page for information about the grant of asylum by an immigration judge. If you are found ineligible, you can remain in the United States while your Form I is pending with the immigration judge.

Asylum applicants are not authorized to work unless you meet certain requirements. For more information, please see Permission to Work in the United States. If necessary, an asylum officer will also determine whether you demonstrated eligibility for withholding of removal or protection under CAT based on the record before USCIS; or Issue a Notice to Appear before an immigration judge for consideration of your asylum, withholding of removal, and CAT protection claims.

A defensive application for asylum occurs when you request asylum as a defense against removal from the United States. For more information, visit our TFR webpage.

List of safe countries asylum uk

If the immigration judge finds you eligible, they will grant asylum. Immigration judges hear defensive asylum cases in adversarial courtroom-like proceedings, as necessary. If an asylum officer finds that you have a credible fear of persecution or torture, USCIS may either:. The immigration judge then decides whether you are eligible for asylum. Individuals are encouraged to use lawful, safe, and orderly pathways to come to the United States.

An asylum officer will decide whether you are eligible for asylum. You must apply for asylum within 1 year of the date of your last arrival in the United States, unless you can show:. We have extended the temporary final rule TFR requiring certain asylum applicants to use USCIS contract telephonic interpreters instead of bringing their own interpreter to their affirmative asylum interview.

Individuals are generally placed into defensive asylum processing in one of two ways: They are referred to an immigration judge by USCIS after they have been determined to be ineligible for asylum at the end of the affirmative asylum process, or They are placed in removal proceedings because they: Were apprehended in the United States or at a U.

Customs and Border Protection CBP trying to enter the United States without proper documentation, were placed in the expedited removal process, and were found to have a credible fear of persecution or torture by an asylum officer. Affirmative asylum applicants are rarely detained by U. Please see the Affirmative Asylum Process for step-by-step information on applying for asylum through the affirmative asylum process.

You may apply for asylum regardless of how you arrived in the United States or your current immigration status. If the immigration judge finds you ineligible for other forms of relief, they will order you to be removed from the United States. To obtain asylum through the affirmative asylum process you must be physically present in the United States. If you are placed in expedited removal proceedings and indicate an intention to apply for asylum, express a fear of persecution or torture, or express a fear of return to your country, you will be referred to USCIS for a credible fear screening.

If an asylum officer finds that you have a credible fear of persecution or torture, USCIS may either: 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. After Sept.

This is known as an Asylum Merits Interview. On Aug. Court of Appeals for the Ninth Circuit issued a stay of the U. Biden , cv N. Under the rule, certain individuals who enter the United States through its southwest land border or adjacent coastal borders are presumed to be ineligible for asylum, unless they can demonstrate an exception to the rule or rebut the presumption.

You must apply for asylum within 1 year of the date of your last arrival in the United States, unless you can show: Changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances relating to the delay in filing; and You filed within a reasonable amount of time given those circumstances.

During this time, we will also assess the impact of providing contract interpreters at affirmative asylum interviews to determine whether a future permanent rule allowing us to provide contract interpreters would be beneficial to the government and the public. If the immigration judge finds you ineligible for asylum, they will determine whether you are eligible for any other forms of relief from removal.

You were subject to expedited removal and found to have a credible fear of persecution or torture. For more information, visit the Credible Fear Screenings page. This rule is in effect through Sept. This means that the judge conducts a new hearing and issues a decision that is independent of the decision made by USCIS. Extending the TFR beyond that date provides public notice that the TFR is expiring and helps ensure an orderly and efficient return to prior practice.