News & Insights

Approval of Asylum:

• If your application is approved, you are granted asylum status. This status allows you to stay in the U.S., apply for work authorization, and eventually apply for a green card one year later.

Referral to Immigration Court:

• If your asylum application is not approved, your case may be referred to an immigration judge for removal proceedings. This is common for those who are not in lawful status in the U.S. and means you’ll have a chance to present your case in court.

Request for Additional Evidence (RFE):

• If USCIS needs more information to decide your case, the letter may request specific documents or clarifications. You will have a deadline to respond to this request.

Denial Without Referral:

• If you are in valid immigration status and your asylum claim is denied, USCIS will not refer your case to immigration court. You may remain in your current status but cannot reapply for asylum.

What Happens Next?

If Approved:

• You will receive an official Notice of Approval (Form I-94 indicating asylum status).
• You may immediately apply for an Employment Authorization Document (EAD) and begin planning to adjust your status to a green card after one year.

If Referred to Immigration Court:

• Your decision letter will explain the referral process and provide a Notice to Appear (NTA) in court.
• You will need to prepare for removal proceedings, where you can present your asylum case to an immigration judge. This step often involves legal counsel.

If You Receive an RFE:

• Carefully review the request and submit the required documents before the deadline. Failure to respond can result in denial of your application.

If Denied Without Referral:

• Understand that you may remain in your current lawful status but cannot reapply for asylum. Consult an immigration attorney for advice on alternative options.

Legal Foundations Behind the Process

• The Immigration and Nationality Act (INA): Asylum seekers are protected under Section 208 of the INA, which allows individuals to apply for asylum based on a well-founded fear of persecution.
• USCIS Regulations: Title 8 of the Code of Federal Regulations governs asylum interviews, decisions, and the referral process.
• Constitutional Protections: Decisions must adhere to the principles of due process and equal protection under the law.

How to Prepare for the Decision Letter

Review Your Interview Details:

• Reflect on the topics discussed during your interviews to anticipate the nature of the decision.

Seek Legal Assistance:

• If you anticipate a referral to immigration court or a denial, contact an experienced immigration attorney immediately.

Prepare Supporting Evidence:

• If you receive an RFE, ensure you have the necessary documentation to respond promptly.

Authoritative Sources for Further Reading

• USCIS Asylum Process Overview
• The Immigration and Nationality Act (INA)
• 8 CFR on Asylum Procedures