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Asylum Process Flow Chart: Affirmative (Asylum Office) Defensive (Immigration Court)

The document outlines the asylum process flow chart for both affirmative and defensive asylum cases in the United States. It shows the steps an asylum seeker must go through depending on whether they apply affirmatively with the Asylum Office or defensively in Immigration Court. Key steps include a credible/reasonable fear interview, filing an application, an interview, and a final decision by either the Asylum Office or Immigration Judge. Appeals are possible if the initial decision is denied.

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997 views1 page

Asylum Process Flow Chart: Affirmative (Asylum Office) Defensive (Immigration Court)

The document outlines the asylum process flow chart for both affirmative and defensive asylum cases in the United States. It shows the steps an asylum seeker must go through depending on whether they apply affirmatively with the Asylum Office or defensively in Immigration Court. Key steps include a credible/reasonable fear interview, filing an application, an interview, and a final decision by either the Asylum Office or Immigration Judge. Appeals are possible if the initial decision is denied.

Uploaded by

ByronDiaz
Copyright
© © All Rights Reserved
We take content rights seriously. If you suspect this is your content, claim it here.
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Download as DOCX, PDF, TXT or read online on Scribd
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ASYLUM PROCESS FLOW CHART

Affirmative (Asylum Office) Defensive (Immigration Court)


Entered US Unaccompanied Apprehended Apprehension at port of Apprehension after a
and never children under within US entry or within 14 days of previous removal order
apprehended TVPRA – entry/100 miles of border
by DHS apprehended by
DHS within US or Reinstatement
at border Expedited
of Removal
Removal

Credible Fear Reasonable Fear


Affirmative (Asylum Office with (Asylum Office with
asylum limited IJ review) - limited IJ review) -
application favorable decision favorable decision
filed

Notice to Appear or Notice of Referral issued by DHS and filed


with Immigration Court – Removal proceedings initiated
Asylum
interview

Master Calendar Hearing (scheduling


and filing of asylum application if not
Decision by filed affirmatively)
No
Asylum Office

Possible Custody Additional Master


Referral to Redetermination Calendar Hearings (if
Immigration Court Hearing (if detained and
Yes application not filed or
if requested and other issues)
available)

Grant of asylum (includes


Merits Hearing (on asylum and/or withholding of
employment authorization
Yes removal and Torture Convention relief) and
eligibility and allows spouse
Immigration Judge decision
and kids as derivatives)

Application for Lawful No


Permanent Resident status
(green card) one year after
asylum grant
Appeals Process – BIA, Fifth Circuit,
Cert to Supreme Court
Application for citizenship after
five years as Lawful Permanent
Resident

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