The asylum application process in the USA usually has different phases, which must be properly complied with in order to successfully obtain asylee immigration status. But what happens when for some reason you miss the appointment for the affirmative asylum interview?
In these cases, the help of an asylum attorney is essential to know the legal process that must be followed next, and thus have the opportunity to reschedule the asylum interview without any inconvenience, demonstrating the real reasons why he missed the original interview.
What is affirmative asylum in the USA?
First of all, it is important to know that, at the time of the asylum application in the USA, there are two different ways of obtaining the migratory status of asylum, which are known as affirmative asylum and defensive asylum.
Affirmative asylum refers to those individuals who are not subject to any form of removal from the country, while defensive asylum is requested in cases where the alien is subject to some process of expulsion from the United States, such as illegal entry into the country.
In order for you to be sure that you are following the correct legal path and that the asylum application process in the USA goes smoothly, it is important that you contact an asylum attorney who will advise you at all times. Need help with asylum cases? Schedule an appointment with us and receive the attention your case needs to get the best results.
In this case, we will focus on explaining the process for rescheduling an affirmative asylum interview for exceptional circumstances.
When can I reschedule an asylum interview due to exceptional circumstances?
If you have already applied for asylum in the U.S., but for some reason you were unable to attend the scheduled interview, it is necessary to initiate the appropriate process to reschedule your interview, so that you do not lose the opportunity to obtain asylum status in the country.
Please note that, in order to reschedule your asylum interview, the process to follow will depend on the time that has passed after the original date of the interview. If more than 45 days have passed, you will need to establish exceptional circumstances in order for it to be rescheduled without problems.
How to reschedule an asylum application interview due to exceptional circumstances?
If you need to reschedule your affirmative asylum interview in the United States due to exceptional circumstances, it is necessary to follow a thorough process, which will allow you to obtain a second chance to receive asylee status in the country.
The steps you must follow to reschedule your interview are:
Submit a written explanation
This explanation should describe in detail the exceptional circumstances that prevented you from attending your original interview, as well as the reasons for the delay of your rescheduling request, if necessary. The explanation must be submitted in writing to the appropriate asylum office.
Include as much documentation to support your explanation as possible
The more documentation you have of the exceptional circumstances you mention in your explanation, the better chance you have of having your appointment successfully rescheduled. These documents may include medical records, police reports, birth or death certificates, among others.
Keep evidence that you presented your explanation
So that you can be sure that you have completed the entire process without any inconvenience, it is important that, after you present your explanation to the appropriate asylum office, keep with you all the evidence that your explanation of exceptional circumstances was presented without problems.
You may also be interested: Asylum Process Usa Part 1: The Three Parts To The Asylum Interview
What are considered exceptional circumstances in the asylum application in the USA?
As set forth in Immigration and Nationality Act (INA) section 240(e)(1), an affirmative asylum applicant may reschedule his or her asylum interview for exceptional circumstances such as the following:
- Extreme aggression or cruelty towards you, your child or parent.
- Serious illness of you, your spouse, child or parent.
- The death of your spouse, child or parent.
Please note that, in order for your asylum application interview to be rescheduled, you must ensure that you submit all evidence that can prove that you were indeed unable to attend the interview for any of the above reasons.
Subsequently, the asylum office will examine the documentation submitted, and then determine whether exceptional circumstances have indeed arisen which prevented it from attending its asylum interview on the scheduled date.
Contact an asylum attorney today to discuss your case
If you need to reschedule your asylum interview, or for some reason you were unable to attend the date you were scheduled for your asylum application in the USA, do not hesitate to contact us so that you can receive the quality attention your case needs.
Schedule an appointment now and let’s start working on your case to find a quick and effective solution that will allow you to obtain legal immigration status in the United States.