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The United States immigration law allows asylum seekers to immigrate to the U.S. to get protection from persecution due to their race, religion, nationality, political opinion, or membership in a particular social group. To qualify for asylum, one must be a refugee and be present in the United States.
USCIS Updates for Asylum Applications
The new asylum policies under the Biden Administration require Asylum seekers to make an appointment on the CBP One app before presenting themself at a port of entry.
After using the CBP One app to create an account, register, and request an appointment for several days (preferably more than 14 days), and if unable to schedule an appointment, asylum seekers may go to a port of entry and request asylum.
The individual has the burden to prove their inability to use the CBP One app due to an "ongoing and serious obstacle." If the individual persuades the official of the obstacle, the not-so-normal asylum process will begin.
The following process also applies to asylum seekers with scheduled CBP One appointments.
First, the asylum officer may ask whether the individual applied for—and was denied—asylum in any country the individual traveled through before reaching the U.S. If the individual did not travel through any other country to get to the U.S., the individual should state that. However, if the individual traveled through another country to arrive at the U.S. port of entry, they will be presumed barred: ineligible for asylum. The individual has to rebut the presumption to be able to seek asylum in the U.S. or otherwise be removed to Mexico.
Even though, the Biden administration immigration policies, effective May 11, 2023, presume individuals' ineligible for an award of asylum, and outline harsh punishments such as five and ten years bars for unlawful entry of the U.S. through Mexico or the coastal border; the U.S. immigration law states that asylum seeker may apply for asylum regardless of how they arrived in the United States or their current immigration status.
The normal asylum process starts with a credible fear interview. The individual will be notified of their eligibility to apply for asylum using Form I-589, Application for Asylum and for Withholding of Removal if their fear was found to be credible. Form I-589 must be filed within one year of entering the United States, otherwise, extreme hardship must be shown. Applicants may include their spouse and children under 21 years old on their application.
When an individual's fear is not found to be credible, they are placed in immediate removal proceedings. At which time the individual may appeal the determination proceed with a defensive asylum process and file the same Form I-589
On May 31, 2023, USCIS announced an updated filing process for asylum seekers.
Starting July 31, 2023, USCIS will accept only the 03/01/23 edition of Form I-589.
Effective immediately, a passport-style photo, multiple copies of the Form, and supporting documents are no longer needed for the submission as a part of the asylum applications.
Effective immediately, affirmative asylum applicants who are in immigration court proceedings, should now mail their Form I-589, Application for Asylum and for Withholding of Removal, to the lockbox that has jurisdiction over their place of residence, instead of to the service center.
USCIS states that these changes are expected to help streamline asylum processing and improve adjudication efficiency by digitizing paper filings.
However, USCIS continues to accept paper Form I-589 submitted to a service center until the change is officially made through the Federal Register notice.
To avoid processing delays, make sure you mail your application to the correct lockbox.
Applicants who are not in immigration court proceedings and who do not have to submit their applications to the Asylum Vetting Center are encouraged to file their Form I-589 online.
The following affirmative asylum applicants must continue to mail their application directly to the Asylum Vetting Center:
Loss of Derivative Status After Asylum Approval but Before Adjustment of Status (Nunc Pro Tunc);
Loss of Derivative Status After Initial Filing but Before Final Decision;
Simultaneous Filing as a Principal Applicant and a Derivative Applicant;
Previously Issued a Final Action by USCIS on a Form I-589; and
Previously in Immigration Court Proceedings.
USCIS Asylum Vetting Center
P.O. Box 57100
Atlanta, GA 30308-0506
The Asylum Vetting Center was established in November 2020 to centralize the security check of the above-listed asylum applications, to alleviate the administrative burden on asylum officers, and to promote vetting and processing efficiency.
Plan Life Law, PLLC, team is skilled in asylum applications and will help you avoid deportation and succeed in your asylum claim. Schedule a consultation today and find out how we will help you.
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