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What is the Asylum Processing Rule?
The asylum processing rule lets USCIS (U.S. Citizenship and Immigration Services) review and decide on asylum cases for people placed in expedited removal.
This means people who have a credible fear of returning to their home country can have their case reviewed without waiting for immigration court.
What is the Asylum Processing Rule?
This rule:
- Allow faster decisions for asylum seekers.
- Reduces court backlogs by letting USCIS handle many cases first.
- Provides fair hearings for those fearing harm in their home countries.
How does the rule work?
- Credible Fear Screening: People in expedited removal must prove to USCIS that they fear persecution if sent back to their home country.
- USCIS Asylum Interview: If fear is confirmed, USCIS interviews the asylum seeker to review their case.
- Referral to Immigration Court: If USCIS denies the asylum claim, the case is sent to immigration court for another review.
Pro Tip: Always first connect to the Immigration lawyer for asylum cases.
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What is the current processing time for Asylum?
The Asylum Processing Rule helps speed up the process. Many cases are resolved in months rather than years. However, the exact time depends on the case details and USCIS workload.
What do Asylum seekers need to know?
- Eligibility: As a non-citizen of the U.S., you need to prove to an immigration court that you fear persecution from your home country. This fear must be based on race, religion, nationality, political opinions, or membership in a particular social group.
- Preparation: Always be honest during the interview process.
- Representation: Work with a qualified immigration lawyer for asylum cases to guide you through the process.
How are family cases handled under the processing rule?
Regarding family, the immigration court assesses each family member separately. USCIS and immigration judges review each individual’s claims and then tell the final result.
In which nine cities are asylum merits interviews currently conducted?
USCIS currently conducts asylum interviews in nine cities:
- Annandale, VA/Washington, D.C.
- Boston, MA
- Chicago, IL
- Los Angeles, CA
- Miami, FL
- New Orleans, LA
- New York, NY
- Newark, NJ
- San Francisco, CA
What happens if USCIS does not grant asylum after the asylum merits interview?
If USCIS doesn’t grant asylum:
- Your case is sent to immigration court.
- A judge reviews whether you qualify for other protections, like withholding of removal or protection under the Convention Against Torture (CAT).
What happens if an immigration judge issues a final removal order for a family case?
If the judge denies asylum and orders removal, you and your family members must leave the U.S.
The judge will review any earlier decisions about your eligibility for protection to ensure accuracy.
Why You Need the Best Asylum Lawyer
Applying for asylum can be stressful, but having the right legal help makes a huge difference. An experienced asylum attorney in Irvine, CA, or a removal defense attorney can guide you through the process and fight for your rights.
If you’re in California, working with the best asylum lawyer or a political asylum attorney can give you the support you need to succeed. At Feng Law Office, we specialize in asylum and removal defense cases and are committed to helping you protect your future.
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