During the interview, the AO will ask you questions about your identity, information you had provided in your asylum application, any applicable bars to your eligibility for asylum, and any documents you had submitted in support of your application. The idea is to make sure that you're believable, and to evaluate whether you merit a grant of asylum.
if you are unable to go at the specified date and time, you can request that the interview be rescheduled. If you are sick with any contagious illness, USCIS definitely prefers you cancel the appointment, for others' sake.
You must either mail a letter to the Asylum Office where you were scheduled to go for your asylum interview or go to that Asylum Office in person to complete a form to request to reschedule the interview. Make sure to do this as soon as possible. At the latest, your request must be received by mail or made in person within 15 days after the date the interview was supposed to happen.
If this is your first request to reschedule and you submit your request in writing prior to the interview date, the Asylum Office will grant your rescheduling request. You will likely be given the next available interview date, since your application now falls into the first priority of asylum cases being scheduled.
If you do not make your rescheduling request until the date of your interview or 15 days thereafter, or if this is your second or third request to reschedule, you must provide information showing that you have a "good cause" reason for needing to postpone. 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. Try to present evidence for your reason, such as a doctor's letter.
The only time you will not have to provide an explanation for your rescheduling request is if the interview notice was not mailed to the current address you most recently provided to USCIS.
If your rescheduling request is granted, you will receive a notice about four weeks before your new interview date. Typically, rescheduled interview dates are within a month or two after the original interview date.
How you dress should not influence an asylum officer. However, it is possible that what you wear could have some subconscious effect on how the officer feels. Treat the interview as an important event and dress in a respectful manner. Don’t show up in torn jeans or dirty cutoffs, unless that's all you have. Bathe before the interview, and do not wear strong perfume or smoke, so that you don’t distract the officer with odors to which he or she might be physically sensitive.
You must bring originals of all the documents you relied on in your asylum application—such as your identity documents, travel documents, birth certificate, affidavits and declarations, photographs, and medical records. If any of the documents are not in English, make sure to bring their translations, and translation certificates. (See Translating Non-English Documents for Immigration Applications.)
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. They should also bring original copies of their own (1) identity documents, (2) documents showing their relationship to you (such as birth or marriage certificates), and (3) any other documents supporting their asylum application. Make sure you bring any identity documents you have for your children, including passports, birth certificates or national identity cards.
After identifying each of your children, the officer will most likely suggest that they wait for you in the waiting room. For that reason, it's a good idea to bring a friend with you, who can either take the children for a walk or wait with them.
You are allowed to bring witnesses to the Asylum Office. Consider doing so if the person can testify about the harm you suffered or fear, or about other important parts of your asylum claim. Witnesses can be any age and can be in the United States with or without lawful immigration status. Witnesses can be family members or anyone who has firsthand knowledge of the story. The only people who cannot be witnesses are interpreters and representatives that the applicant brings to the asylum interview.
If you do not feel comfortable speaking in English, you must bring your own interpreter. This is a change from COVID-era procedures, in which the government would provide telephonic interpreters in some cases. Now, failure to bring an interpreter without good cause can be viewed by USCIS as equal to failing to appear for the interview at all. The agency can then dismiss your asylum application or refer your case to immigration court for defensive deportation proceedings.
Any person over the age of 18 who is not either your attorney, a witness for your asylum claim, a representative of your country's government, or also an asylum applicant can act as your interpreter.
Although family members are allowed to interpret for you, it is better to bring a professional. Family members are likely not to interpret word for word, and often add their own information. Also, the AO is likely to ask you about very personal issues, and you might be uncomfortable discussing them openly in front of your family.
Although not required, it is a good idea to have your attorney come with you. The attorney can help make sure that your interview is conducted appropriately and that any legal issues that might arise get clarified. If your attorney is running late or is unable to attend on the scheduled day, and you ask the AO to reschedule your interview for when your attorney is available, the AO might deny your request and conduct the interview as scheduled or refer your case to an Immigration Judge.
First, you'll want to make sure to arrive at the location and the time specified in the interview notice. (If you need to reschedule your interview, see What to Do If You Can’t Make Your Asylum Interview.)
After getting there, you should report to the receptionist or clerk. If you bring any new documents supporting your asylum application that you had not already submitted, provide them to the receptionist. The AO will review them before interviewing you.
You will then be asked to wait for your interview. Depending on the other interviews and the AO’s schedule that day, you might have to wait several hours. If you are bringing children along, make sure to bring toys and snacks for them. (But check in advance whether the office lets you bring in food.)
The AO assigned to your case will take you into a private office. Your attorney and interpreter (if any) will also come along. No other officials will be in the room where you are interviewed. Everything you discuss with the AO will remain confidential, and will not be recorded (other than the officer's note-taking).
You will be asked to take an oath stating that you will only tell the truth. Your interpreter will also be asked to take an oath. 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.
If you have any additions, changes, or corrections to your asylum application (for example, correcting a factual mistake or adding new supporting documents), make sure to tell the AO at the beginning of your interview. In fact, you might want to prepare a written list of these to give to the officer, particularly if the changes are extensive. (With many applicants waiting years for their interviews, it's common to need to update the officer about things like a new job, new child, or marriage or divorce.)
The AO will have reviewed your asylum application and your immigration file before interviewing you. AOs are trained to conduct asylum interviews, and are familiar with country conditions in your country.
The AO will most likely begin by asking you about your identity and background, and will review your original identity documents that you have brought with you.
Then, you will be asked to explain why you are applying for asylum. The AO might ask you a general question about it (such as, “So, tell me, why are you seeking asylum?”) or might ask specific questions about information you had included in your asylum application or in any supporting documents.
If any bars to eligibility for asylum might apply to you (such as the possibility that you were involved in the persecution of others or have a criminal record), the AO will also likely ask questions about them.
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. For instance, you can:
Do not be concerned if the AO asks you the same question several times or in several different ways. This is done to test your credibility (that is, believability).
Also, the AO might act like he or she does not believe you, and might even be unpleasant. Do not let that affect you, and do not get aggravated. The AO’s role is to test your credibility and your legal claim to asylum.
Always be honest, detailed, and consistent with what you had stated in your application. Do not exaggerate. In order to be granted asylum, you must be found credible. For details, see Chances of Winning a Grant of Asylum.
Some of the information you will be asked about will be very personal, and you might find it hard to discuss. You can ask for a short break to compose yourself, and then try your best to tell the AO all the important facts. Your ability to obtain asylum depends on that.
The entire interview will likely take at least an hour, depending on the particular facts of your case, and on what questions your AO decides to ask. The more facts your asylum application and your personal declaration contain, the longer your interview will probably last. The length of the interview, however, is not indicative of whether or not you will be granted asylum. Answer only the questions that you are asked.
Your attorney will also have a chance to make a short statement to the AO, and to clarify any concerns that the AO might have.
The AO will not reach a decision on your asylum application at the time of your interview. (In rare cases, you might even be asked to return for a second interview, for example, if the officer who interviewed you left, and another is taking over your case.)
Your decision might be mailed to you after your interview or you might be asked to return in person to pick it up. 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 early 2024.
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. The Asylum Office Director might reschedule your interview instead of closing your case, but only if you provide a reasonable explanation for your failure to appear.
If you have no legal status in the U.S., your case will be referred to the Immigration Court, where you will have to present your case for asylum (and any other defenses you might have) in removal (deportation) proceedings.
A good attorney can help you prepare your application and accompany you to the interview, thus improving your chances of obtaining asylum. Fortunately, asylum is an area where you'll find a lot of help from volunteer attorneys or nonprofit (charitable) organizations serving immigrants and refugees.
]]>The idea behind a credible fear interview is that noncitizens can, instead of being sent straight home, apply for asylum or withholding of removal if they are able to establish a credible (believable) fear of persecution or torture if returned to their home country. But they need to get past this initial screening in order to actually present their full asylum case to an immigration judge for approval or denial.
WARNING: This process has been in flux in recent years. The Trump Administration created policies that resulted in most people being forced to wait outside the U.S. in order to apply for asylum, and the Biden administration has largely continued this practice. The result is that the guidance in this article might not apply to every asylum-seeker's situation. In particular, you might be unable to get anywhere near the U.S. border without using an app called "CBP One" to make an advance appointment. (This is a challenge unto itself.)
When a Custom and Border Protection (CBP) officer detains a noncitizen for not having the required immigration documents or for attempting to commit fraud to enter the U.S., CBP will ask whether the person has a fear of returning to their home country. A person who says “no” will be removed from the United States. If the person expresses a fear of persecution or torture, CBP officers will set up a credible fear interview with an asylum officer.
The detainee should be given at least 48 hours to prepare for the interview unless he or she waives (gives up the right to) the waiting period. In most situations, the person must wait days or even weeks in detention before the interview will take place.
The asylum officer who conducts the interview will receive notes about the date the person being interviewed entered the U.S., the place of entry into the U.S., and whether the person initially claimed fear of persecution or torture.
It is important for the person being interviewed to keep detailed notes about his or her story and to be consistent in his or her testimony throughout the entire process. Few applicants have documentation or other proof of their claim, so the quality of their own testimony becomes crucial.
At the interview, the asylum officer will ask questions, either in person or via telephonic or satellite communication. An interpreter will be present to translate the questions into the detainee’s native language.
The first set of questions will be about the detainee’s background information including the person’s birthdate, home country, and whether the person has any family ties in the United States. The next series of questions is about the detainee’s fear of return to the home country. When the detainee gives a reason for fear, the interviewer will ask a series of follow-up questions about that fear.
The interviewer then asks a very important set of questions about why the detainee is being persecuted. The interviewer asks whether the detainee has ever been threatened or harmed due to race or ethnicity, religion, nationality, political opinion, or because the person belongs to a specific social group. This is a critical point in the interview, because if the fear is not related to one of these categories, the detainee’s asylum case will likely fail. What’s more, if the detainee answers “no” to each of these questions or changes aspects of his or her answer in subsequent interviews or hearings, such inconsistencies will be used to discredit the entire story.
Next, the interviewer will ask a series of questions about whether the interviewee has faced torture or mistreatment by government officials. Then the interviewer will ask about situations that would bar the detainee from applying for asylum, including whether the detainee has ever persecuted other people, committed a crime in another country, or associated with terrorists or a group accused of using violence.
Lastly, the interviewer will give a brief summary statement and ask whether the applicant has anything he or she would like to add.
After the interview, the officer will decide whether the applicant has demonstrated a credible fear of persecution or torture in the applicant’s home country. The standard used is whether the detainee has demonstrated a “significant possibility” of being able to prove to the satisfaction of an immigration judge that the detainee would be persecuted on account of race, religion, nationality, membership in a particular social group, or political opinion if returned to his or her home country.
After the interview is complete, the interviewer will decide whether the detainee has a credible fear or not. The interviewer will provide a written decision and a transcript of the interview to the detainee.
A detainee who has established a credible fear of persecution will be allowed to apply for asylum, either while in detention or after having been released on a bond. A detainee who has not established a credible fear can request a review of this decision in a hearing by an immigration judge as a last effort to avoid being removed from the country.
Preparation for the credible fear screening process is critical. First, try not to hold back when discussing the details of your case with government agents. You may have come from a country where you cannot trust law enforcement. But interviewers and DHS attorneys may seek to discredit your story if later you begin to add important details that you failed to include in your first interview.
Second, keep detailed notes about your experiences and fear of return. These will help you remember the dates and other details and be consistent each time you tell your story.
Lastly, if possible, contact a local attorney prior to your credible fear interview for help preparing for the interview process. Although finding an attorney while detained can be a challenge, you can use the list of free legal services that the government provides, contact family members and ask them to find an attorney who can reach you at the detention center, or ask other detainees about their legal counsel and how to contact them.
]]>Your interview might not be held for years after you submit your Form I-589, Application for Asylum and Withholding of Removal, however. USCIS posts its asylum processing times at the online Affirmative Asylum Scheduling Bulletin.
Anyone physically in the United States who is not in Immigration Court can file an asylum claim. For background on eligibility and procedures, see articles on Asylum & Refugee Status.
There are eight asylum offices in the United States with typically around 500 Asylum Officers. They are federal employees who make decisions on asylum applications. They do not handle any other type of immigration application, and take no part in enforcement activities.
Asylum Officers are trained in asylum and refugee law. They undergo sensitivity training and attend weekly training sessions on country conditions around the world.
An Asylum Officer’s job is to figure out who meets the legal definition of a refugee. They do this by reading your asylum application and conducting a non-adversarial interview. (Non-adversarial means that the officer is not trying to take an opposing side to yours, but simply to get at the truth of your experience.)
The officer is required to ask questions to help determine whether you are a refugee, based on the information in your asylum application and what you say during the interview.
You do not have a choice of which officer you will meet with at your interview. You can, however, request a female officer if you have been subjected to forms of persecution that you would feel uncomfortable discussing with a man.
Whether or not you used a lawyer to help prepare your asylum application, consider bringing one who is experienced in asylum law to the asylum interview. Lawyers are not supposed to speak during the interview, but can take notes and interact with the officer to a limited degree. Their notes can be important later in the process if, for example, you have to respond to the officer in writing.
Lawyers are also allowed to give a closing statement at the end of the interview and ask you any important questions they believe the asylum officer forgot to ask.
If you bring an attorney who hasn’t been associated with your case before, the attorney will need to fill out, and have you sign, a form called a “notice of representation” or G-28. Make sure the attorney remembers to submit this to the officer during your interview!
If you are not fluent in English you must normally bring a foreign-language interpreter to your interview. Even if your English is so-so, it can be helpful to have an interpreter there, to make sure you don't misunderstand something.
This doesn't have to be a paid professional. It can be a friend or family member. Think about who would be best to accompany you—ideally, someone who knows how to translate words that you will use in the interview. For example, if you are a Chinese Catholic claiming persecution by the government on account of your religion, bring an interpreter who can translate Catholic doctrinal and religious words into English.
Understand, however, that there are limits on who can serve in this role. You will not be allowed to have the following people serve as your interpreter:
Remind your interpreter to bring identification to the interview. Your interpreter will be asked for this identification and will not be allowed to translate for you without presenting such identification.
Do not underestimate the importance of your interview day. Get a lot of sleep the night before and be ready for an emotional experience. Eat a good meal.
Set up a specific time and place to meet your attorney and interpreter if you are using either. Arrive at your meeting place early, with a copy of your asylum application in hand so you can review what you wrote, make sure it's all accurate and up to date, and think about how you will explain your story to the officer.
Remember that you will be talking about traumatic events in your life, including past persecution or your fear of future persecution, which can be difficult to discuss under the best of circumstances.
In getting ready, think about the fact that asylum interviews are normally conducted in small offices with closed doors. The purpose is to protect the information you share, but it means you’ll potentially be in a stuffy environment, in close physical proximity to the interviewer. Here are some practical things you can do to help the officer focus:
Asylum Offices typically require that applicants walk through a metal detector before entering the waiting room. Security personnel will look through your bag. Turn off your cell phone. Completely empty your pockets and place all contents along with your phone and belt into the container for the guard to look through. Follow any instructions the guard might give you.
After walking through the metal detector, you might be directed to a window where you will hand in your interview notice. You might also have the opportunity to submit any additional documents at this time. For example, you might have received medical records or affidavits since first submitting your asylum application or you might have found new information about conditions in your country that you want to show the officer.
You might be handed a number by which you will be called when the officer is ready to interview you. This is the time to request a female officer if you are more comfortable being interviewed by one.
Once you have turned in your interview notice, you will be seated and will wait to be called for fingerprints. This fingerprint is different than the one you did at your biometrics appointment. This print identifies you as the person who submitted the application and alerts the office as to whether you have filed an asylum application under a different name or at a different office.
There could be a very long wait before you are called for your interview. Food and drinks are not usually allowed in the waiting room.
When the Asylum Officer is ready to conduct your interview, your name or, more likely, the number handed to you at the window, will be called. Follow the officer into their office with your attorney and interpreter. Once inside, the officer will have you stand and swear or affirm that you will tell the truth. After that, you’ll be asked to sit down.
The officer should begin the interview by explaining what you should expect and assuring you that everything you say is confidential. The officer should also instruct any interpreter as to how to translate (preferably word for word).
The officer will also start by reviewing the basic facts in your application, such as your name, marital status, and address, to make sure they're accurate and up to date. If you had to wait many months or years for the interview, changes are likely. Be ready with either the latest information (which the officer can then write onto your application) or, to make things easier, a written list you can give the officer.
Tell the truth during your interview. Officers have good instincts and a lot of time to figure out whether you are lying.
An asylum interview should be a seated discussion about why you left your country and why you don’t want to go back. (Remain in your chair—it is not considered appropriate to lean on the officer’s desk.)
The officer should have already read your file and researched conditions in your country. The officer should also have run security checks, which could show how many times you’ve entered the United States as well as any criminal activity associated with your name and date of birth.
Different officers have different interview styles. Some are brusque and want to hone in on the facts, others take a more nurturing approach. Try not to jump to conclusions about whether the officer’s style indicates whether they will likely grant your case.
Instead, try to focus on explaining the facts of your claim by answering whatever questions the officer has. Know that the officer will take steps to become familiar with the situation in your country if they don't already know it. Do not say confrontational things to the officer like, “You don’t know what it’s like in my country.”
It is important to testify in detail, even including any facts or incidents that were not mentioned on your asylum application. If you add incidents, however, the officer will likely ask you to explain why you did not set them in your application.
If you don’t understand a question you should ask the officer to repeat it. This point is important. Many officers have accents or speak English so fast you might not understand a question. If this happens, do not make up an answer. This isn’t a test of your English comprehension—it’s okay to explain that you didn’t understand, and ask the officer to repeat or rephrase a question.
Asylum interviews are usually one to two hours. Remember that the officer’s job is to figure out whether you are a refugee. The amount of time spent on an interview is specific to your case.
An asylum interview is your time to explain what happened to you and why you don’t want to go home. Your attorney should make sure your testimony is complete.
If you are alone and an officer is not giving you a chance to testify fully, you can ask to see a supervisor. Also ask to see a supervisor if an officer is inappropriate in tone or with chosen questions.
Asylum applicants who are in lawful status (that is, who have an unexpired visa or other right to be in the U.S.) normally receive their decisions in the mail.
If you are not in lawful status, you will be asked to return to the asylum office to pick up your decision. Ideally, the asylum office attempts to do this around two weeks after your interview. However, a combination of delays in running security checks and a lack of asylum-office supervisors to review the decisions has meant this ideal is rarely met.
You might receive your decision by mail if you were interviewed at a district office rather than at one of the eight asylum offices.
If the asylum officer recommends that you be approved for asylum, you have won your case. You will be given instructions on how to apply for work authorization and will be able to get a Social Security number. Once additional security checks are completed, you should receive your final approval in the mail along with an I-94 card saying “asylee.” At this point you will no longer need an employment authorization card in order to work.
If you are in lawful status when your case is approved, the process is similar to the one just described.
Also see, After a Grant of Asylum: What's Next.
Asylum applicants in unlawful status who are not granted asylum will be referred to an immigration judge. In this case, when you go to the asylum office for your decision, you will be given a decision telling you when and where to report to immigration court. This is called a “Notice to Appear” or "NTA."
It is important that you show up in court on the appointed day. If you don’t, the judge can order you removed from the United States. You can renew your asylum application before an Immigration Judge at your hearing. This process is much more involved that the asylum interview, however, so it is even more important that you attempt to hire an immigration attorney to help you.
If you are in lawful status and the officer is not approving your case, you will be mailed a Notice of Intent to Deny (NOID) your claim explaining why asylum is not being granted. You have 16 days to respond to this NOID. If the officer has a change of mind you will be granted asylum. If not, your application will be denied and you will remain in your lawful status until it ends.
]]>During this interview, the Asylum Officer (“AO”) will try to test your:
(See What Happens During an Asylum Interview for details.)
The purpose will be for the AO to confirm and evaluate information in your asylum application, in order to help decide whether you merit a grant of asylum. Therefore, you must know, and will have to present your story, comprehensively and well. Here, we'll describe exactly what you must do to prepare for your interview.
What if you can't make the date the interview is scheduled for? Act quickly, you might be able to postpone it.
Your interview notice will include many details on time, place, and procedures. Read them many times so you don't miss anything or forget to bring an important document.
It's mandatory to bring someone who can interpret for you if your English isn't strong enough for this purpose, as described in What Happens During an Asylum Interview. This doesn't need to be a paid professional, but there are some requirements for who can and cannot serve in this role.
In order to convince the AO that you are credible (that is, believable), you will need to be honest, detailed, and consistent in all of your answers, and also consistent with what you had stated in your application. For details about credibility, see Chances of Winning a Grant of Asylum.
In order to show these things, you will need to know your entire asylum application very well, and not make mistakes or get confused.
A few days before your interview, start reviewing your asylum application (Form I-589 and supporting documents). Take your time, and do not leave this task until the last minute. You need to be familiar with every sentence and every detail in your application. Also review all the declarations, identity documents, country reports, and any other documents you submitted to USCIS.
When reviewing all this information, pay attention to whether all the details are consistent with each other, and whether they are all accurate and up to date. If you see any outright mistakes or discrepancies—for example, you stated in one section that the car following you was blue, but later say that it was white—you must point that out to the AO at the beginning of your interview, clarifying what is true and, if appropriate, explaining why you made the mistake. Also, if you realize that you had forgotten to mention any details that are important to your asylum claim, tell the AO at the start of your interview.
(We'll discuss what to do about outdated information later in this article.)
Reread your application as many times as it takes for you to remember all of the details in it. Pay attention to dates, places, and names. It's easy to get mixed up about dates, even when talking about your own life—but the AO may not sympathize with this. Also refresh your memory about all the events that constituted the persecution that is the basis of your legal claim to asylum.
Never try to embellish or create additional details if you are not sure of them. Remember, you must be completely honest during your interview.
After becoming familiar with your complete asylum application, practice answering difficult or uncomfortable questions. Even if your lawyer works on this with you, it's worth having a friend ask you general questions such as, “So why are you applying for asylum?” and questions dealing with details in your application, such as, “What happened on ____ [a precise date mentioned in your application]?”.
If you will be bringing a foreign language interpreter to your asylum interview, it is best to practice questions with that interpreter, and with another person acting as the AO and asking you questions in English. Practice recounting details from your application that are especially embarrassing, painful, and hard for you to talk about. In order to increase your chances of winning asylum, you will have to discuss such details with the AO.
An important part of your preparation is to learn to clearly explain your legal claim for asylum. That is, focus on (1) the incidents of your persecution, and (2) the legal grounds on account of which you were persecuted (such as your religion or political beliefs). Sometimes, because your religion or political opinions are so deeply ingrained in you, you might have never had to talk about them in detail with strangers. Hence, learn to be comfortable talking about them.
To help you feel more confident going into your interview, you might want to prepare a short outline or a list of the main incidents that constitute your persecution, in chronological order. Also, write down any important details (such as names, dates, places, and any types of instruments your persecutors used to hurt you) that you are having difficulty remembering. Just don't expect to read extensively from these notes, or the officer might suspect you don't know the facts yourself, but have been coached to tell a made-up story.
If you do not have an attorney, you might also want to write down a short closing statement. You will have an opportunity to make that statement to the AO at the end of your interview. You might want to include a quick summary of your persecution, and include the most critical details from your story.
As you review your application materials, you might notice facts that have changed owing to the passage of time. Perhaps you've moved to a new address, gotten married, had a child, or switched jobs. Such changes are especially likely given that some asylum applicants wait years for their interview.
Take notes on these, at least for yourself, so that you'll be ready to bring them to the attention of the asylum officer, who will go over your application with you verbally and make notes of any changes.
Or, if the changes are substantial, attorneys have found that it's easiest to prepare a written list of the changes (as well as corrections to any errors). When you go to the asylum office to check in for your interview, give the list to the person checking you in, and they'll get it into the officer's hands in advance.
Make sure to bring the following documents with you:
If your spouse or children are included in your asylum application, bring any of the above documents that pertain to them, as well.
Make sure to bring English translations and original certificates of translation for any of the above documents that are not in English.
Because you might have to wait a while at the Asylum Office before you are called in for your interview, bring something to read (if it will relax you), snacks and water (if allowed at your Asylum Office), and toys for your children if you are bringing them along.
You'll want to be feeling your best on the day of your interview. Therefore, prepare everything the day before.
Figure out your transportation arrangements well ahead of time. If unfamiliar with the location of the Asylum Office, make sure to travel there before your interview to know exactly how long it will take you to get there. Do not forget to consider special traffic conditions at the time of your interview, and if driving your own car, any additional time you will need to find parking.
Collect all of the materials you will need to bring to your interview (see above). Also, lay out your clothes for the interview. They should be neat and clean, and you should be yourself and feel comfortable in them. If you have any scars or other physical markings from your persecution, and you feel comfortable showing them to the AO, make sure that your clothing will make it easy for you to show them.
Finally, prepare emotionally. Try to relax and rest well the night before, and feel confident in all the work you have put into preparing your application and preparing for your interview. You will be asked some difficult questions, and you will have to talk about matters that are personal and private.
It's okay to shed tears or cry during the interview. The AO will expect that you will show emotion when retelling painful events from your past. All asylum applicants have to talk about such things during their interview, and your likelihood of obtaining asylum will depend on how credible you are. Bottling up thoughts and feelings can result in your not revealing either your fear of persecution or details of the events themselves.
If you are a woman, and are uncomfortable speaking to a male AO, you will be able to request a female AO. The Asylum Office will try to provide you with a female AO, if one is available. But your request might also be denied, and you might have to be interviewed by a male AO.
An asylum interview is a tiring experience (both physically, and emotionally). Also, you will probably have to wait for a while before your interview, which will last at least an hour. Therefore, make sure to eat before you leave for the interview.
For what will happen after the interview, see Timing of the Affirmative Asylum Application Process.
]]>(Also see the Department of Justice's Immigration Court Practice Manual.)
We'll assume you've already attended Your Master Calendar Hearing (MCH). Its purpose is simply to figure out the next steps in your asylum case, and to set dates for submission of any documents and for the individual merits hearing.
When the Asylum Office refers an applicant to an Immigration Judge, it will transfer the entire file there. You will not have to redo your Form I-589 or other paperwork, though you can (and probably should) add to it. The Asylum Office will also give you a Referral Notice, explaining why you are being referred. The referral notice might state, for example, that:
The Referral Notice is brief and usually not detailed. Some officers provide more detail than others. After reading your Referral Notice, think back on the asylum interview. If, for example, the reason given for the referral is that you were not credible, was there a particular topic about which you gave the wrong dates or were confused? Did the officer ask lots of follow-up questions on a particular topic, and perhaps even frown at your answers? If so, that is an important matter to get straight and clarify when you present your case again before the IJ.
If an attorney accompanied you to the asylum interview, they should have taken notes detailing the questions the officer asked and how you answered them. Your attorney should be able to use these notes along with the referral notice to better explain why you were referred to the judge, and help you prepare for the court date accordingly.
If you don't have an attorney helping you, hiring one now, particularly if you're concerned about the strength of your case, might be a good idea.
If you haven't already submitted an affirmative asylum application, you will need to submit all your materials by the date the IJ set during your MCH. In the past, that could be as few as 15 days before the Individual Merits Hearing, but new Trump-era regulations changed this to a minimum 30 days.
Also, if this is the first time you're filing Form I-589, you must do so within one year of your arrival in the United States (with limited exceptions).
Your filings must include:
You have several options for how to file. You may either submit your application at the court’s window in-person, by mail, by courier, or in open court.
If you have previously filed an asylum application, you can, if you wish to improve it, file an amended I-589 form, as well as any additional supporting documents or witness declarations you would like the IJ to consider. Make sure the information provided in Form I-589 is consistent with your previous submission. If there are inconsistencies, be sure to explain the reason, so that the IJ does not doubt your credibility.
Although you will not be filing your Form I-589 with USCIS at this time, see How to Prepare Affirmative Asylum Application for helpful tips on preparing it, along with your declaration and corroborating documents.
A good attorney might improve your chances of obtaining asylum in various ways, including by filing a legal “brief,” which discusses the applicable law and your facts so as to persuade the Immigration Judge to grant you asylum. The legal brief (also called a “memorandum of law”) typically highlights the legally strongest parts of the claim, overcomes any negative information (such as potential asylum bars), and presents the documents in an effective manner.
Another factor to consider when thinking about hiring an attorney is that an experienced one might have worked in the past with the DHS attorney assigned to your case. He or she might be able to consult effectively with the DHS attorney to narrow down the issues.
At a deadline specified by the IJ, you will also need to submit a Witness List, naming all the people you plan to call to give testimony at your hearing, how long each person plans to testify, and in what language the person will speak. The witness list can include both experts knowledgeable about your country and fact witnesses who are familiar with your personal history.
You cannot choose or request a particular judge. A wide disparity has, unfortunately, been reported in the percentage of asylum cases that different IJs grant.
To find out more, check out Syracuse University’s database of immigration judges. It lets you input your city and the name of your judge and see a report on the judge's background and the percentage of asylum cases that he or she has granted in given years, and how this compares to other judges across the United States.
If, at your MCH, you accepted an expedited removal hearing schedule, your individual Merits Hearing will be scheduled as soon as possible and you will be given the next available hearing date, at least 14 days in the future. (How far in the future depends on your court's backlog of cases.)
If you waived expedited removal, you might have to wait several years for your Merits Hearing. (See Timing of the Affirmative Asylum Application Process.)
Your individual Merits Hearing can last several hours, and might even be scheduled for several separate hearings, depending on the amount of information you and the DHS trial attorney need to present and quickly the IJ pushes things forward.
If you have an attorney, he or she will first give an opening statement, summarizing why the IJ should grant you asylum. Then, you will be “sworn in” (promise to tell the truth) and your attorney will ask you questions about your story, through a court-appointed interpreter if you are not comfortable in English. Make sure to be honest, detailed, and consistent with your answers. Also, if you do not understand something, tell your attorney or the IJ that. (Do not hold separate, side conversations with the interpreter.)
The IJ will likely jump in and ask you questions, too.
When you are done telling your story, the DHS trial attorney will ask you questions about your asylum claim, and will try to test your “credibility” (honesty and consistency). He or she might aggressively try to confuse you. Do not be intimidated. That is the DHS trial attorney’s job. Again, if you are confused by a question, do not attempt to answer it. Instead, ask for it to be stated more clearly.
You will then have the opportunity to call witnesses. You (or your attorney) will ask them questions, the IJ will interrupt, and the DHS attorney will cross-examine the witnesses.
The DHS attorney typically does not call witnesses, but instead focuses on challenging your credibility (testing how believable and honest you are) throughout the hearing.
If you have an attorney, he or she will make a short closing statement at the conclusion of your final hearing. The attorney will summarize for the judge why you should receive asylum and address any doubts the judge appears to have about the facts of your story or your eligibility for asylum.
Ordinarily, the IJ will grant or deny your asylum application orally, at the conclusion of your final Merits Hearing. Sometimes, however, the judge will take several weeks to issue a written decision on an asylum case.
Either you or the DHS can appeal the decision of the judge to the Board of Immigration Appeals, within 30 days of the decision.
The stakes are high. If your hearing before the IJ doesn't go well, you could be deported. Now would be an excellent time to hire an immigration attorney.
]]>After submitting an asylum application to U.S. Citizenship and Immigration Services (USCIS), many people find they wait months or years to be called for their asylum interview. But what if they want to travel during that time, even briefly? Here, we'll look at the details of the law as well as the practical realities.
Technically, asylum applicants CAN travel outside the United States while awaiting their interview at the Asylum Office. It’s usually not a good idea to do so, however. Even with a pending asylum application, the person will be subjected to questioning from Customs and Border Protection (CBP) when attempting to return to the United States.
If, for example, you have inadmissibility grounds that could be triggered when you leave the country (such as unfavorable immigration or criminal history), you could be denied reentry, even if you have the necessary travel documentation.
Also, depending on the timing, you might actually end up missing your scheduled interview. This will obviously lead to delays in receiving a decision, and in the worst case, could lead to your case being denied.
You should consult an immigration attorney who can best advise you to whether it is in your best interests to leave the United States.
If you decide to travel regardless of the risks, you will need to submit USCIS Form I-131, Application for Travel Document to USCIS in order to receive what's called “advance parole” (permission to reenter the U.S. before your application is approved).
To learn more about this, see Filling Out Form I-131 for Advance Parole. Apply for advance parole well in advance of your trip and make sure you do not leave the U.S. without your travel document.
The biggest travel “don’t” for asylum applicants is returning to the country where you have indicated that you fear persecution. If you do so, USCIS will then presume that you have abandoned your asylum application and could even decide that you submitted a fraudulent application—which could have serious consequences such as a permanent bar from reentering the United States.
A master calendar hearing (“MCH”) is a short, preliminary hearing on immigration matters—the usual start to efforts to remove an immigrant from the United States. You will meet with the immigration judge (IJ) and the government attorney to figure out how your case will proceed. The IJ will schedule dates for your submission of written documents, and for your individual merits hearing (at which the substance of your applications or claims and/or defenses will be addressed in detail). If you have an attorney, he or she will answer most of the IJ’s questions.
During a MCH, the court will not consider any legal claims or defenses of your case. You will not be questioned about your case or immigration applications, and will not present any witnesses. The IJ will not make any rulings regarding legal issues in your case.
IMPORTANT COVID-19 NOTE: The coronavirus pandemic has required U.S. immigration courts (EOIR) to adjust many of the practices described below. At the least, expect to be required to wear a mask and to observe social distancing. In addition, the EOIR is encouraging IJs to avoid in-person master calendar hearings by having immigrants' lawyers file paperwork explaining what defenses they'll be claiming, then scheduling individual hearings. You'll really need to hire a lawyer for that, though. See the EOIR's June 2020 memo for more information.
You will first receive a Notice to Appear (“NTA”), which will specify the date and place of your MCH. Under normal circumstances (without any COVID-19 adjustments), you must personally attend your MCH, even if your lawyer attends as well.
You may bring family members with you to the court. Make sure that they have legal immigration status. Otherwise, they may be arrested. It is not a good idea to bring children. Dress appropriately, in clean, neat, relatively conservative clothes.
Arrive on time at your MCH. If you are absent, or even late, you could be ordered deported “in absentia” (due to your absence). Or, the IJ might deny your legal claims or defenses. Arriving early is a particularly wise idea because going through a federal security checkpoint can take a while.
Try to find out ahead of time how your local immigration court operates. Bring important documents with you: your identification documents (passports, a driving license), your NTA (or another “hearing notice” that directed you to come to court), and any original documents that might be helpful at this preliminary stage (based on your lawyer’s suggestion). Also bring your personal calendar, because the IJ will schedule deadlines in your case.
During a typical MCH, you will be before the IJ for about five to 20 minutes only, although you might be in court for several hours (including time to check in and wait). Plan accordingly.
You will not normally be the only one in court at the time of your MCH. Other people will have their MCHs scheduled in the same time block as yours, and might be in the same room with you. Once ready for your case, the IJ will call you by your Alien Registration Number (“A-Number”) and your name. You and your lawyer, if you have one, will then come forward.
If you do not feel comfortable using English, do not force yourself. By attempting to communicate in a language you do not fully understand, you can only hurt yourself, in the likely event that you misunderstand some aspect of the court proceedings. Tell the IJ that you need an interpreter, and one will be provided for free, most likely via electronic communication.
If you cannot understand the interpreter or he or she is not translating correctly, alert the IJ, who will then look for another interpreter or reschedule the MCH for another date (when another interpreter is available). If an interpreter is provided, make sure to listen until he or she finishes translating, and then answer in your native language. You cannot bring your own interpreter.
A judge will start your MCH by asking you for brief identification information: your name, address, native language, and any other languages in which you are fluent. If you bring an attorney with you, you will also have an opportunity to officially present him or her as your lawyer (enter his or her “notice of appearance”).
The judge will also review the charges listed against you in your NTA (the legal reasons the U.S. government seeks to deport you), and you will have to admit or deny each charge. Make sure to read your NTA carefully before your MCH. Tell the judge if anything in the NTA is incorrect.
If you are applying for asylum, for example, the charges against you will typically include the following: the date when you entered the U.S., your nationality, and whether you either entered the U.S. without being inspected at the border by immigration officials, overstayed a visa, or entered using false travel documents. It's usually best to deny any charges of fraud.
You will then be able to tell the judge what forms of defense you are claiming or what relief you are seeking. Examples include asylum, withholding of removal, voluntary departure, cancellation of removal (for an undocumented person or a green card holder), or adjustment of status. If you are seeking asylum, make sure to also apply for (1) withholding of removal, and (2) protection under the United Nations Convention Against Torture.
The IJ will set important dates for your case, such as: (1) when to submit any pertinent applications (or amendments or additional information); (2) a date for another MCH if necessary; and (3) a date for your individual merits hearing.
You must meet all of the deadlines that the IJ sets. Therefore, you'll want to ask for extensions of deadlines and/or for “continuances” (rescheduled hearings) if the time proposed by the judge does not give you sufficient time to present your arguments well. Be ready to explain why you need additional time. Also remember to request a continuance (another MCH) if you need time to find an attorney or if you had just found one and he or she needs time to meet with you.
At the conclusion of your MCH, you will be given another Notice, specifying the date for your next MCH or for your individual merits hearing.
If you are applying for asylum, there are many important issues you must be ready to address at this initial hearing. Do everything you can to line up an attorney before you appear in court.
First, the IJ will ask you to designate a country of removal. It's best not to designate any country. The basis of your asylum application is that you are too afraid to go back to your home country, so never designate your home country. The judge will then typically designate your home country as a country of removal, as a formality.
If you are applying for asylum and accept an “expedited removal” schedule, your individual merits hearing will be scheduled for within 180 days of when you first submitted your asylum application. Realize that this might not give you sufficient time to prepare a detailed asylum application and strong supporting documents. If you waive expedited removal, however, you will not be eligible for employment authorization while your application is going through the Immigration Court process. (If you are detained, you will be placed in an expedited removal schedule, and will not be allowed to waive it.)
Another consideration is the basis upon which you are applying for asylum. The persecution you feared or experienced must, as a matter of eligibility, have been due to your fitting into on one of five categories or "grounds." If "particular social group" is the ground you're claiming, some immigration judges will want to hear your description of that group at the master calendar hearing, and will consider any definition that comes later as being too late. (This was the result of a case called Matter of W-Y-C.) It's a complicated analysis that truly needs a lawyer's help.