Foreign nationals may seek protection through asylum if they suffered persecution or fear that they will suffer persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The affirmative asylum procedures manual provides detailed information on the procedures for processing an affirmative asylum applicant within an asylum office. Adjudication procedures for affirmative applications for asylum 660 b. Affirmative asylum procedures manual, february 2003, pp. Uscis affirmative asylum procedures manual aila on.
Federal register procedures for asylum and bars to asylum. Affirmative asylum processing with uscis to obtain asylum through the affirma. This manual may be used by individuals in removal proceedings as a defense to deportation in immigration court, or by those who wish to affirmatively apply for asylum at the asylum office, bringing themselves to the attention of u. Uscis affirmative asylum procedures manual aapm from the asylum division, updated and revised as of may 2016, provides instruction for asylum office personnel on how to process affirmative asylum applications. Distinct from asylum law and policy, aliens claiming relief from removal due to torture may be treated separately under. Asylum office jurisdiction and choice of procedure for terminating asylum granted by uscis. Affirmative asylum procedures manual by, february 28, 2003,amer immigration lawyers assn edition, paperback in english. These procedures are effective on june 10, 20, and apply to any uscis decision issued on or after that date. House of representatives committee on the judiciary. Once youve prepared all the required documents for whatever stage of the asylum application youre working on, all that remains is to assemble it all. The two ways of obtaining asylum in the united states are through the affirmative process and defensive process. The difference between the two is that affirmative asylumseekers are yet to begin the deportation process in the courts.
An affirmative asylum seeker applies through the department of homeland security, citizenship and. To apply for asylum, file a form i589, application for asylum and for withholding of removal, within one year of your arrival to the united states. Risks and benefits to affirmatively applying for asylum nolo. Your immigration options, and the arguments you make to apply for. The affirmative asylum process is for individuals who are not in removal proceedings and the defensive asylum process is for individuals who are in removal proceedings. Affirmative application process immigration equality. This manual provides information on how to process an affirmative asylum application within an asylum office. Uscis affirmative asylum procedures manual may 2016 aila. Internal guide, asylum identity checks quick reference guide february 1998, office of international affairs asylum division, affirmative asylum procedures manual february 2003, and benjamin johnson and walter a. Home get legal help legal resources immigration equality asylum manual 25. The following steps explain how you apply for asylum in the united states through the affirmative asylum process.
Apr 02, 2014 file an affirmative asylum case and dont receive an interview notice within 3045 days, your case was not one of the lucky ones and has gone into the backlog. Outline immigration practice guides readers through all aspects of immigration law in one volume, complete with over 3,000 footnote citations to the wide range of statutes, regulations, court and administrative cases, policy memos, operations instructions, agency interpretive letters, and internet sites that a lawyer needs for complete understanding of a particular problem. An applicant can meet his or her burden of proof through the following. Affirmative asylum procedures manual table of contents 2003 cached. This manual assists asylum office personnel in locating muchneeded materials including. This manual is a brief guide to asylum practice and does not purport to discuss all. An affirmative application is made to a united states citizenship and immigration services uscis officer, who then decides whether to grant asylum. Asylum division access to the department of states consular affirmative asylum procedures manual. Pro bono representation manual the advocates for human. Asylum allows a foreign national to escape specific types of persecution should he. To obtain asylum through the affirmative asylum process you must be physically present in the united states. It could be deny, noid or approve, its all up to them. Effective immediately, uscis is returning to a last in, first out lifo policy.
Procedures manual the purpose of this memorandum is to 81l1l0unce the issuance of revised procedures regarding trafficking victims to replace the current procedures in the affirmalive asylulii procedures mallual aapm. Citizenship and immigration services, affirmative asylum procedures manual, february 2003, pp. Refworld is the leading source of information necessary for taking quality decisions on refugee status. It was written for volunteer attorneys working on public counsels pro bono cases. Federal register asylum eligibility and procedural. Citizenship and immigration services temporarily suspended routine inperson services to help slow the spread of coronavirus covid19. Section i, background information, lists references with which all asylum personnel should be familiar in order to process an asylum application. The bia has appellate authority over most familybased immigrant petitions filed under section. Aila uscis affirmative asylum procedures manual may 2016. If you are eligible for asylum you may be permitted to remain in the united states. We represent and advocate for people from around the world fleeing violence, abuse, and persecution because of their sexual orientation, gender identity, or hiv status.
Affirmative application process affirmative application process an applicant can file for asylum either affirmatively or as a defense to removal proceedings. A defensive asylum claim is made by an alien who is already in removal proceedings as a defense to removal from the united states. Aila frequently asked questions faqs on changes to the. Affirmative asylum application statistics and decisions. The project is now one of the leading asylum representation programs in the country, handling hundreds of affirmative and defensive asylum cases. More recently, the attorney general and secretary invoked section 208b2c to limit eligibility for asylum for aliens subject to a bar on entry under certain presidential proclamations. Index of exhibits in support of affirmative asylum application. Aila frequently asked questions faqs on changes to the asylum office affirmative scheduling system by ailas asylum and refugee committee1 on january 29, 2018, uscis announced a change in scheduling procedures for affirmative asylum cases. Jan 11, 2017 attorney ismail shahtakhtinski describes asylum application procedures. Asylum division affirmative asylum procedures manual aapm november 2007. How to prepare an affirmative asylum application nolo. You must apply for asylum within one year of the date of their last arrival in the united states, unless you can show.
The difference between affirmative and defensive asylum exists only in the procedure and not the substantive law. Additional sources, including applicable statutes and regulations, should be consulted throughout preparation of any. Assessment in asylum procedures a multidisciplinary training manual, 20, volume apply for asylum in the european union, december 2014, was not yet. Mar 22, 2006 united states department of justice, respondent. Affirmative asylum procedures manual open pdf 2 mb the manual is divided into five 5 sections. Citizenship and immigration services uscis, refugee, asylum, and international operations directorate asylum division online version available at usciss website. Affirmative asylum procedures manual table of contents i. Section ii, the affirmative asylum application, follows the processing of an application from the point at which an applicant receives a blank asylum application, through the issuance of a decision by u. Nijcs asylum pro bono project was founded in 1985 and provide s legal representation to low income noncitizens seeking asylum in the united states.
The legal foundation for asylum comes from section 208 of the immigration and nationality act ina. When an affirmative asylum application is referred from the uscis asylum division, eoir begins to track the clock calculating the days. In correspondence with the research directorate, a senior liaison officer with the us citizenship and immigration services uscis explained that the process by which uscis handles original documents submitted by asylum claimants is outlined in the affirmative asylum procedures manual 2 us 12 apr. Refugee and asylum procedures, 45 fr 37392, 37392 june 2, 1980. Waiting asylum decision page 15 us immigration forums. However, when an asylum applicant is permitted to file an asylum application directly with an asylum office, the asylum office is responsible for forwarding a copy of the application to drl. Assembling everything home get legal help legal resources immigration equality asylum manual 24. Cis ombudsman recommendations to improve motions to. Seuss publishing text id 0362d270 online pdf ebook epub library a grounds for termination of asylum status c asylum office jurisdiction and choice of procedure for terminating asylum granted by uscis asylum office guide arlington va. This page provides general information about the affirmative asylum process in the.
Statistics from uscis on minor principal applicants affirmative asylum applicants under the this manual guides attorneys through the process of obtaining. Citizenship and immigration services, affirmative asylum procedures manual, february 2003. The difference between affirmative and defensive asylum. Asylum manual january 2012 this manual was developed by staff attorneys at public counsels immigrants rights project. Affirmative asylum application statistics and decisions annual report june 20, 2016 fiscal year 2016 report to congress u. Refworld contains a vast collection of reports relating to situations in countries of origin, policy documents and positions, and documents relating to international and national legal frameworks. The affirmative asylum application section chapter ii. To print the pdf on this page please use the print function in the pdf reader. Pro bono representation manual the advocates for human rights. Sorry, we are unable to provide the full text but you may find it at the following locations. Unless specifically indicated, an asylum office director determines which personnel e. Basic procedural manual for asylum representation affirmatively and in. The decision letters used by asylum offices in ijac cases will not change with the exception of the uac. You may apply for asylum status regardless of how you arrived in the united states or your current immigration status.
Pro bono asylum representation manual ii about this manual this manual is a brief guide to asylum practice and does not purport to discuss all aspects of asylum practice or immigration practice related to asylum proceedings. The affirmative asylum process in the united states. Special filing procedures for asylum claims involving unaccompanied children in. Seeking asylum from gangbased violence in central america. Cite as, united states office of international affairs, affirmative asylum procedures manual.
Access and accommodations for individuals with disabilities. After the creation of the department of homeland security in 2003 after the september 11 attacks, the enforcement of immigration laws was transferred from the immigration and naturalization serviceins to the department of homeland security. Uscis affirmative asylum procedures manual aapm from the asylum division, updated and revised as of may 2016, provides instruction for. Apr 22, 2015 asylum eligibility and requirements affirmative vs. Quick facts about asylum immigrant law center of minnesota. Uscis affirmative asylum procedures manual, section iii. Similarities between affirmative and defensive asylum applications the overall goal of both the affirmative and the defensive applications is to provide asylum within the united states. Asylum program needs more resources, not restrictions, february 2005, available. If you choose to file for asylum, we strongly encourage you to seek the assistance of a lawyer or an agency authorized to represent immigration applicants.
P rovides information on how to process an affirmative asylum application within an asylum office, consisting of 5 sections. Uscis temporary office closure extended through may 3. If removal proceedings have not yet begun, then the foreign national should use an affirmative asylum application after an individual is placed in removal proceedings by either an asylum officer or for immigration violations, or qualifies for a credible fear interview, the individual must use a defensive asylum application. Refugeeasylum immigration law libguides at northeastern. Attorney ismail shahtakhtinski describes asylum application procedures. Uscis policy manual policy manual, the consolidated handbook of adjudication procedures chap, and the affirmative asylum procedures manual aapm. Affirmative asylum cases approved for top ten countries. To strengthen existing nondiscrimination policies, the uscis director will annually distribute the following to uscis employees. Nijc provides representation to asylumseekers in affirmative and defensive proceedings. Citizenship and immigration services usciss asylum office, following these procedures. Procedures manual at 74 the asylum office does not have jurisdiction to adjudicate the applicants affirmative i589 application if the applicant has a positive credible fear finding and was issued an nta, but the nta was not filed with the immigration court.
The two general paths for getting asylum are generally referred to as affirmative and defensive asylum. For the unpublished attorney generals decision on the oneyear filing deadline changed. What are the procedures of applying for affirmative and. An affirmative application is adjudicated by one of. Under the affirmative asylum process, individuals must usually apply within one year of arrival to the united states, or immediately upon arrival at a port of entry. The affirmative asylum backlog explained by cheri attix, aila. For more information on the ccd and for instructions on how to access the database, see langlois, joseph e. Asylum office personnel access the ccd through a secure webbased system. It contains a summary of asylum law and related immigration relief, and guidance for both affirmative asylum applications and defensive. The information has been carefully selected and compiled from unhcrs global network of field. Crs report r41753, asylum and credible fear issues in u.
In fiscal year 2007, uscis received 25,680 affirmative asylum applications and forwarded a copy of each to dos. The information in this section will not apply to you if you are seeking asylum through the defensive asylum process, meaning you are in removal proceedings before an immigration judge. In 1990, the attorney general substantially amended the asylum regulations, but exercised his discretion to retain the mandatory bars to asylum eligibility related to persecution of others on account of a protected ground. Asylum division, affirmative asylum procedures manual february 2003, and benjamin johnson and walter a. Affirmative asylum means you are already in the united states, and you choose to apply with u. For a detailed description of how cases are scheduled for interview, see the affirmative asylum procedures manual aapm, at 9. Office of international affairs, asylum division legal aid clinic kf4836a332003 a manual on how to process an affirmative asylum application with an asylum office. Home get legal help legal resources immigration equality asylum manual 35. Affirmative asylum procedures manual aapm is also availalbe at s. The affirmative asylum backlog explained by cheri attix. Affirmative asylum procedures manual 2011 edition, u. Immigration equality is the nations leading lgbtq immigrant rights organization. These updated procedures will be incorporated into the affirmative asylum procedures manual.
Federal register procedures for asylum and bars to. United states, or background of an asylum applicant. Background information, title affirmative asylum procedures manual table of contents, year 2003. Oct 06, 2010 according official information from cis. Affirmative asylum procedures manual, which is available online at. The affirmative asylum process the following steps explain how you apply for asylum in the united states through the affirmative asylum process. Dhs has rejected the applications, finding no applicable. Citizenship and immigration services uscis, an agency within the.