Types of Asylum Decisions

Types of Asylum Decisions

There are various decisions that USCIS can alert you to after applying for asylum. If you have any questions about what kind of notice you’ve received, we encourage you to speak with an asylum attorney at Landerholm Immigration. Some decisions require follow up documentation or appearances, and if you do not comply, it can impact the future of your residency in the United States. Let’s explore the type of decisions that USCIS typically sends you.

Approval or “Grant” of Asylum

When USCIS determines that you meet eligibility for asylum, you’ll receive an I-94 form in the mail which is a record of your “arrival and departure” into the U.S. It will be stamped, showing that you have been approved to legally be in America. This approval will also include your spouse or children so long as they were with you when you arrived in the states and included on your application.

Request to Attend an Immigration Court or a “Referral Notice”

Immigration will request your presence in court if they cannot approve your asylum claim. If you were traveling with children (under 21) or a spouse, they too would need to appear with you. This does not mean you have been “denied” asylum, this notice means that further investigation is required to approve your case. In court, a judge will be reviewing your case independently of USCIS. If you have been requested to go to court, you should speak with an immigration attorney as soon as possible, so you feel prepared and confident about your asylum claim.

Recommended for Approval

When your application appears to be eligible for approval of asylum, you may receive a notice of “recommended approval.” This notice means that USCIS is waiting for additional information about your required security screening and cannot issue approval until that has been received. If you had a spouse or children with you on your application, they too are in the same situation and will be awaiting security checks. At this time, you will be able to file for a work permit that will give you (and your spouse) the chance to seek employment legally. When the security screening has been received, your status will be changed to a “grant of asylum.”

Notice of Intent to Deny

If you receive a NOID, a Notice of Intent to Deny, you will need to act fast to preserve your chances of having your asylum claim approved. The notice should state the reason why USCIS has found you ineligible, and you will only have 16-days to provide proof as to why that reason is invalid or not accurate. We strongly urge you to work with an asylum attorney if you have received this notice. You and your immigration lawyer will need to prepare a statement, and potentially proof, as to why your claim should be approved. If this is incomplete by the 16-day deadline, your asylum claim will be denied, and you will receive a final denial notice. (see below). Once you provide your statement and proof, the USCIS officer will make a final decision to either grant asylum or deny.

Notice of Denial

If you have not been approved for asylum, you will receive a denial notice. This decision can not be appealed. You can, however, reapply for asylum providing you can prove that your circumstances have changed and directly impact your eligibility to remain in the U.S.

As an immigration law firm, Landerholm Immigration can help you through this process. Our asylum attorneys work with clients everyday helping them establish legal permanent status in the U.S. every day. Call or drop us a message online to get started on your asylum claim.

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