Have you heard about the new rule for asylum applicants under Biden’s administration? YES! This interim final rule will significantly impact the processing time for asylum seekers.
DISCUSSION
The Biden administration announced its new asylum rules which took effect starting May 31, 2022, to ultimately hasten the processing of asylum applicants.
This interim final rule is also known as the “Procedures for Credible Fear Screening and Consideration of Asylum, Withholding of Removal, and CAT Protection Claims by Asylum Officers”.
HOWEVER, the new rule will be rolled-out in phases and will only apply on a limited basis. To understand this rule better, here are three (3) tips for you to consider:
Tip #1: Check if you are included under the new asylum rule
As mentioned, the new rule will have a limited implementation initially – with only a few hundred applicants per month. So… who is included?
First… those placed under expedited removal proceedings are included.
Similar to the current procedure, these individuals encountered by the Customs and Border Protection (CBP) at the border will be transferred to the Immigration and Customs Enforcement or ICE detention.
Second… those in two select detention facilities in Texas will be included.
A “credible fear interview” will be conducted in these locations by Asylum officers before being referred for an Asylum Merits Interview (AMI).
Third… they must have the intention of having their residence in one of the following six cities: Boston, Los Angeles, Miami, New York, Newark, or San Francisco.
Tip #2: Consider how the new rule will affect the asylum process
Here are the changes to the asylum process under the new rule:
First… an asylum officer from U.S. Citizenship and Immigration Services or USCIS will conduct a “credible fear interview” to assess if you are eligible for asylum, withholding of removal, or Convention Against Torture (CAT) protection.
IF you PASS, it would already be considered the same as an asylum application. This is important for asylum seekers who must file an application within one year from their entry to the United States.
IF you FAIL or get a NEGATIVE credible fear determination, you will have to request reconsideration from an Immigration Judge.
Second…a referral will be made for an Asylum Merits Interview (AMI) after passing the credible fear interview. The AMI will happen between 21 days to 45 days after the positive credible fear interview.
TAKE NOTE! You may submit additional evidence or amend the record made during the credible fear interview 7 to 10 days PRIOR to your AMI.
Third… the Asylum Officer will decide on whether to grant you asylum or not.
If the Asylum Officer GRANTS you asylum, you will receive a grant letter indicating the applicable benefits and related procedures. Essentially, you have won your asylum application!
However, if USCIS DENIES you asylum, your case will be referred to the Executive Office for Immigration Review (EOIR) for a streamlined removal proceeding.
The Asylum Officer will also include whether you are eligible for “withholding or deferral of removal” based only on the evidence presented to USCIS.
Under the streamlined removal proceeding, the Immigration Judge will review your case and claims and assess your eligibility. If you are found to be ineligible for relief or protection, then a .
That is why it is critical for you to be able to present the necessary evidence and support to your claims during the credible fear interview and asylum merits interview.
It is also important to note how these rules can affect you positively or negatively. That’s why our next tip is…
Tip #3: Take note of the advantages and disadvantages
As briefly mentioned, the new rule speeds up the processing of asylum applications – instead of waiting for years, you can get your claims processed within months.
Additionally, your credible fear interview already counts as your asylum application. Essentially, the application for asylum and appearance or hearing before an Immigration Judge is skipped or streamlined.
However, this can be a double-edged sword. The faster timeframe can also mean that you will have limited time to get the necessary evidence for your case or to access legal counsel. In the worst case, it may hinder the delivery of due process for your case.
And without the proper support for your case, UNFORTUNATELY, you may risk losing the overall application and getting deported.
Nevertheless, the new asylum rule is still on a phased roll-out, with several groups raising concerns and monitoring its implementation to help build its credibility, address concerns and increase its capacity for the better.
If you are about to embark on this journey, are not certain about your case, or simply need assistance on which steps to take next, please feel free to contact our experienced immigration attorneys and we will let you know how we can help.
