Possibility of obtaining asylum through an interview
- All arrivals at the border will be subjected to a Credible Fear Interview (Credible Fear Interview).
- This interview will be much easier than in the past because you will need to prove a credible fear (about 10%).
- The interview will be conducted by immigration officers (USCIS), not the border patrol.
- If the interview is unsuccessful, an appeal can be filed in 7 days in front of a judge. If the appeal is denied, deportation follows.
- Parole status (Parole) will be granted at the discretion of DHS before the main interview, and to almost everyone after a successful interview.
- After successfully overcoming the interview or winning an appeal, an asylum interview is scheduled with a USCIS officer within 3-5 weeks (21-45 days).
- Filing of Form I-589 is no longer required. The date of the asylum interview will be considered the date of the asylum application.
- If you successfully complete an asylum interview with USCIS, you and your family will be granted Asylum status (Asylum).
- If you do not show up for your asylum interview or fail your asylum interview, you will be served with an NTA summons immediately.
- The first court hearing (MASTER Hearing) is scheduled 30-35 days after the asylum interview.
- The second court hearing (Status Conference) is scheduled 30 days after the first court hearing. At this conference, the prosecutor presents the charges in your case and brings witnesses.
- If the prosecutor (DHS) does not file charges or request cross-examination, the trial team may make a favorable decision without a final hearing on the merits.
- A third and final adjudicatory hearing (INDIVIDUAL Hearing) on the merits is scheduled 30 days after the status conference.
- For good cause, the trial may be rescheduled 3 times, but not more than 10 days (not to exceed 30 days total).
- In emergency situations, it is permissible to postpone the interval for an additional 45 days.
- The evidence (case) must be submitted no later than 7 days before the trial.
Has the law come into effect? Am I affected by it?