Asylum Seeker Procedures in the U.S.

10 Questions

What form do asylum seekers already in the U.S. need to submit?

Form I-589, Application for Asylum and for Withholding of Removal

What is the first step in the asylum process for individuals who present themselves at the U.S. border?

Present oneself to a Customs and Border Protection (CBP) officer

If an asylum seeker's case is denied after the USCIS interview, what is the next step?

The case is automatically referred to immigration court for removal proceedings

What is the final step in the asylum process for individuals who present themselves at the U.S. border and establish credible fear?

Merits Hearing before an immigration judge

If an asylum seeker is granted asylum in the United States, what is one of the potential benefits mentioned in the text?

They may eventually apply for permanent residency

What is the primary purpose of the PACI test?

To assess whether an asylum applicant has a well-founded fear of persecution

Which option correctly describes the pathway for an unaccompanied minor seeking asylum?

Apprehended by CBP, then screened by ORR and placed in a shelter facility

Which administrative body has the authority to review and issue precedential decisions in immigration cases?

The Attorney General (AG)

What is the next step for an asylum seeker whose application is denied by an immigration judge?

Appeal the decision to the Board of Immigration Appeals (BIA)

Which court has the authority to review challenges to the constitutionality of immigration laws or decisions?

The federal court

Study Notes

Immigration Pathways for Asylum Seekers

Asylum seekers can apply through affirmative or defensive asylum proceedings.

Affirmative Asylum Seeker

Applies to USCIS within one year of arrival in the US.
Files Form I-589, Application for Asylum and for Withholding of Removal.
Undergoes biometrics appointment and USCIS interview.
If granted, can apply for work authorization and eventually permanent residency.

Defensive Asylum Seeker

Already in removal proceedings.
Files Form I-589, Application for Asylum and for Withholding of Removal.
Has a master calendar hearing before an immigration judge.
If granted, can remain in the US and eventually apply for permanent residency.
If denied, case may be referred to immigration court for removal proceedings.

Asylum at Ports of Entry

Expresses fear of returning to home country at airport or border.
Presents oneself to a Customs and Border Protection (CBP) officer.
Undergoes initial processing by CBP and credible fear interview (CFI).
If credible fear is established, interviews with an asylum officer.
If granted, can remain in the US and eventually apply for permanent residency.

Unaccompanied Minors

Child arrives in the US without a parent.
Apprehended by CBP officer and screened by Office of Refugee Resettlement (ORR).
Placed in appropriate shelter facilities or with sponsors while case is pending.

Appeals Process

Denied applicants can appeal through withholding of removal or relief under the Convention Against Torture (CAT).
Attorney general (AG) reviews challenges to constitutionality.
Board of Immigration Appeals (BIA) reviews decisions made by immigration judges.

PACI Test

Method used to assess whether asylum applicant has a well-founded fear of persecution.
Inclination (I): Persecutor is inclined to persecute the applicant.
Awareness (A): Persecutor is aware or could become aware of applicant's protected characteristic.
Possession (P): Applicant possesses a protected characteristic (e.g., race, religion, nationality, political opinion, or membership in a particular social group).
Capability (C): Persecutor has capability to persecute the applicant.