Visas: H, L, O, P, Q, R and E are available for Premium processing. The Premium processing requires an additional $1,000.00 fee and USCIS guarantees a response within 15 working days.

Asylum

Refugee processing -- really refugee resettlement processing -- is for bona fide refugees who are still overseas, and subject to government control, by setting standards, criteria and numerical limits before they can enter the U.S.

Asylum processing, as discussed on these pages, is for possible refugees (i.e., "asylum-seekers") who are seeking entry into -- and many times are already in -- the United States. Many have come to the U.S. legally, some illegally, and then applied. With few exceptions, their applications must be accepted and heard, regardless of their countries of origin or any other criteria or standard, and without the possibility of numerical limit (with the exception of a 1,000 annual limitation on the number of individuals who may be granted asylum based on opposition to coercive family planning practices).

Take a look on:

• History of the Program from 1970-1999;
• 1991 American Baptist Churches v. Thornburgh (ABC) Settlement Agreement;
• Lawful Permanent Residency;
• Nicaraguan Adjustment and Central American Relief Act NACARA 202 and NACARA 203;
• How Do I Apply for Asylum?

Mandate

The United States Asylum Officer Corps and the USCIS Asylum Program were created after the promulgation of the July 27, 1990 final asylum rule. Ending ten years of controversial asylum adjudication within USCIS, the new Asylum Program started a new era in customer service and quality assurance in asylum processing. Reengineering efforts mandated by the President in July 1993 led to the 1995 reforms that streamlined processing, deterred abuse, and established a record for timeliness that has been maintained over the ensuing years. By mid-year 1995, USCIS was able to declare the reengineered asylum program was on its way to becoming an unqualified success. Five years later, by the end of 1999, this success was confirmed.

Mission

The mission of the U.S. Asylum Program is to implement asylum laws in a way that is fair, timely, and consistent with international humanitarian principles and our domestic tradition of providing refuge for the oppressed.

Responsibilities

The Asylum Program implements a diverse set of responsibilities, including:

• to promptly and accurately adjudicate the asylum reform caseload of new receipts and eliminate the pre-reform backlog;
• to adjudicate the more than 240,000 cases filed under the American Baptist Churches v. Thornburgh settlement agreement, and adjudicate the suspension of deportation or cancellation of removal claims for certain applicants under the Nicaraguan Adjustment and Central American Relief Act;
• to conduct "credible fear" interviews for all persons placed in expedited removal who request asylum or express a fear of returning to their home countries;
• to conduct "reasonable fear" of persecution or torture interviews of individuals subject to reinstatement of a prior order of removal or administrative removal based on an aggravated felony conviction who request withholding of deportation or removal; and
• to undertake details to overseas locations to interview and process applicants for refugee status.

Organization

Since 1990, the USCIS Headquarters Asylum Division is responsible for coordination and oversight of the entire Asylum Program. These responsibilities include: overall planning, program development, coordination with USCIS and with the Executive Office for Immigration Review (EOIR), and evaluation. It also guides and oversees the operations of the 8 asylum offices located throughout the United States; all report directly to the Asylum Division. The Asylum Officer Corps comprises 300 officers located in these 8 offices: Arlington, VA; Chicago, IL; Houston, TX; Los Angeles, CA; Miami, FL; Newark, NJ; New York, NY; and San Francisco, CA.

In addition, the Division maintains liaison to non-governmental organizations, other Federal Agencies, and foreign governments and organizations concerning asylum and related issues.

The Asylum Division is composed of three branches: Operations, Quality Assurance and Training, and the Resource Information Center. The Division has a staff of 43 people.

• The Operations Branch of the Asylum Division is responsible for the oversight and coordination of the operations of the eight field Asylum Offices. This encompasses affirmative asylum, expedited removal, ABC/NACARA, and reasonable fear programs. The branch is responsible for developing regulations and procedures to implement the programs, as well as monitoring and evaluating the major Asylum Program initiatives.
• The Quality Assurance and Training Branch is responsible for the development, oversight, and coordination of all training for the Asylum Program, including preparation of all training materials, and to ensure the quality and consistency of the various decisions adjudicated by the Asylum Officer Corps. The staff reviews and monitors the asylum decisions to ensure consistency within the established and evolving legal framework and to identify areas and issues requiring additional training. The training program covers Asylum Officer basic training, journeyman (mid-level) training, supervisory training, as well as all other in-service training required within the offices.
• Resource Information Center is the documentation center for the Asylum Program. It is responsible for oversight and coordination of the provision, training, and application of "country conditions" information in the adjudication of asylum and refugee claims.

Asylum Processing Procedures

An asylum seeker may apply for asylum while physically present in the United States or at a port of entry, regardless of the individual's immigration status. Asylum applications must be filed within one year after the individual's arrival in the U.S., unless the applicant can demonstrate "changed circumstances" that materially affect eligibility for asylum or "extraordinary circumstances" for failing to apply for asylum within one year. The one-year deadline is calculated from the date of the alien's last arrival in the U.S. or April 1, 1997, whichever is later. An asylum seeker may apply for asylum with the USCIS only if he or she is not in immigration proceedings before the Office of the Immigration Judge, which means he or she has not been placed in deportation, exclusion, or removal proceedings.

An asylum seeker may ask for derivative asylum status for his or her spouse and children who are physically present in the United States. The child must be under 21 years of age and unmarried.

To apply, an asylum seeker must mail a completed application package to the USCIS Service Center that has jurisdiction over the individual's place of residence. The application packet must contain a completed form I-589 (Application for Asylum and for Withholding of Deportation), with any additional supporting material, in triplicate (original plus two copies) and two passport style photographs of the principal applicant and two photographs of each dependent. Documents that are not in English must be accompanied by a certified translation into English.

Once the USCIS Service Center has received the completed application, the USCIS will send the applicant a notice acknowledging receipt of the application. The USCIS will also send a notice to any applicant between 14 and 79 years of age to go to an Application Support Center or authorized Designated Law Enforcement Agency to have his or her fingerprints taken. The fingerprints will be sent to the Federal Bureau of Investigation (FBI) for a background/security check. The FBI will send those results to the USCIS.

The applicant will then be scheduled for an interview with an asylum officer, either at one of the 8 asylum offices, or at an USCIS District Office, depending on the applicant's residence. Asylum officers regularly travel to conduct asylum interviews in USCIS District Offices in many locations throughout the country.

An applicant has the right to bring an attorney or accredited representative to the interview. An applicant who does not speak English fluently must bring an interpreter to the interview. The interpreter must be at least 18 years old and cannot be the applicant's representative, attorney, or witness testifying on the applicant's behalf. The interpreter also cannot be a government official of the applicant's home country.

At the interview, an asylum officer will verify the applicant's identity and ask the applicant basic biographical questions. The asylum officer will also ask the applicant about the reasons he or she is applying for asylum. Strict regulations protect the confidentially of the information the applicant provides to the asylum officer.

In most cases, the applicant will be required to return to the asylum office two weeks after the interview to receive a decision on the application. If the USCIS has decided that the applicant is eligible for asylum, the applicant will be given either a final approval letter or a recommended approval letter, depending on whether the asylum office has received the information from the FBI background/security check. Only once that information has been received can the asylum officer issue a final approval of the asylum application. An asylum applicant is entitled to applyfor work authorization as soon as the applicant receives either a recommended approval or a final approval.

If the USCIS has decided that the applicant is not eligible for asylum, the applicant will either be referred to the Immigration Court or will receive a notice of intent to deny asylum. This depends on whether the applicant appears to be in the United States illegally. If the applicant is not in lawful status in the United States, the asylum office will issue the applicant charging documents that place him or her in removal proceedings in Immigration Court. The asylum office will also refer the asylum application to the Immigration Court for an Immigration Judge to decide during the removal proceedings. The applicant will be given the date, time, and place of the hearing when the applicant returns to the asylum office to receive the asylum decision. If the applicant is in lawful status, the asylum office will not refer the asylum application to the Immigration Court. Instead, the asylum office will send the applicant a letter explaining the reasons the applicant has been found ineligible for asylum. The applicant will be given 10 days to provide a response before the final decision is made. After reviewing the response, if one is sent, the asylum office will either approve the asylum application (based on the response) or deny it (if the response does not overcome the reasons the applicant was found ineligible for asylum).

Asylum Processing Timeframes

These timeframes apply only to applicants who will be scheduled for interview at one of the 8 Asylum Offices. Time frames vary for applicants who live far from an Asylum Office, because Asylum Officers must travel to other USCIS offices in order to conduct the long-distance interviews.

After the application has been properly filed at the Service Center:

• A Receipt Notice should be received in approximately 21 days.
• The applicant will receive an appointment notice to be fingerprinted at an Application Support Center or Designated Law Enforcement Agency in approximately 21 days.
• Once the asylum application has been received and entered into the database, the applicant will be scheduled for an interview for approximately 21 days in the future.

The applicant will receive a decision approximately two weeks after the asylum interview.

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