Podcast
Questions and Answers
What form do asylum seekers already in the U.S. need to submit?
What form do asylum seekers already in the U.S. need to submit?
- Form I-765, Application for Employment Authorization
- Form I-130, Petition for Alien Relative
- Form I-589, Application for Asylum and for Withholding of Removal (correct)
- Form I-485, Application to Register Permanent Residence or Adjust Status
What is the first step in the asylum process for individuals who present themselves at the U.S. border?
What is the first step in the asylum process for individuals who present themselves at the U.S. border?
- Undergo a Credible Fear Interview (CFI)
- Present oneself to a Customs and Border Protection (CBP) officer (correct)
- Attend a Master Calendar Hearing
- Submit biometrics for identity verification
If an asylum seeker's case is denied after the USCIS interview, what is the next step?
If an asylum seeker's case is denied after the USCIS interview, what is the next step?
- The asylum seeker is immediately deported to their home country
- The case is automatically referred to immigration court for removal proceedings (correct)
- The asylum seeker must reapply for asylum with additional evidence
- The asylum seeker can appeal the decision to the Board of Immigration Appeals (BIA)
What is the final step in the asylum process for individuals who present themselves at the U.S. border and establish credible fear?
What is the final step in the asylum process for individuals who present themselves at the U.S. border and establish credible fear?
If an asylum seeker is granted asylum in the United States, what is one of the potential benefits mentioned in the text?
If an asylum seeker is granted asylum in the United States, what is one of the potential benefits mentioned in the text?
What is the primary purpose of the PACI test?
What is the primary purpose of the PACI test?
Which option correctly describes the pathway for an unaccompanied minor seeking asylum?
Which option correctly describes the pathway for an unaccompanied minor seeking asylum?
Which administrative body has the authority to review and issue precedential decisions in immigration cases?
Which administrative body has the authority to review and issue precedential decisions in immigration cases?
What is the next step for an asylum seeker whose application is denied by an immigration judge?
What is the next step for an asylum seeker whose application is denied by an immigration judge?
Which court has the authority to review challenges to the constitutionality of immigration laws or decisions?
Which court has the authority to review challenges to the constitutionality of immigration laws or decisions?
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.
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Description
Learn about the key steps involved in the asylum application process for individuals already in the United States, including form submissions, biometrics appointments, USCIS interviews, and potential outcomes.
