After going through the process of filing your asylum application in the USA, the stress of your asylum decision from the U.S. Citizen and Immigration Services (USCIS) may overwhelm you. However, knowing what decisions you may receive when applying for affirmative asylum could help ease your worry.
Keep in mind that in order to receive an accurate decision from USCIS officials, it is necessary to know the timeline in which you will get a response. This timeline is set by the agency depending on the complexity of your case and the eligibility requirements that apply to your application.
If you need any kind of assistance regarding your asylum application in the USA, our asylum attorney is equipped to give you all the help you need so that you can await your answer without worry. Make an appointment today and let us help you resolve any immigration issues you may have.
How long does a USCIS decision after an asylum application in the USA take?
As previously mentioned, asylum applications in the United States usually have an estimated response time from the USCIS, which always depends on the specific characteristics of each case and the amount of evidence presented by the beneficiary.
Generally, results take about two weeks after the asylum interview is conducted at the office of the institution, where you must submit your form along with all the necessary documentation for your case.
Remember that in order to be certain you have complied with the eligibility requirements given, we advise that you consult an asylum attorney to guide you through each step of this process to obtain the best results on your application.
What are the likely decisions after the asylum application?
After the expected waiting period given after your asylum interview has passed, the USCIS officer in charge of your case should have a decision regarding your application, so you will have to go back to the office where you started the process to receive your final decision.
Some of the possible decisions that you will obtain after filing your asylum application in the USA are:
A grant of asylum
If the USCIS decides you are eligible for asylum, you will be sent a letter and completed Form I-94, Arrival Departure Record, showing that you have been granted asylum in the United States.
The grant of asylum may also be valid for your partner children, provided that:
- They were already present in the U.S.
- They were listed in your asylum application
- There is a proven relationship between you and them
- Your child is under the age of 18
A grant of asylum entitles you to request:
- Employment Authorization Document (EAD).
- National Insurance card.
- Green Card ( Permanent Residency)
- Immigration benefits available to your partner and child if they are under 21 and unmarried.
A grant of asylum in the U.S. does not expire. But the USCIS may revoke your asylum status if you either no longer have a well-founded fear of persecution due to a substantial adjustment in circumstances or you were granted protection by another country.
Immigration Court Referral
If USCIS cannot authorize your asylum application and you are in the U.S. illegally, it will refer your case to an immigration court. The referral to an immigration judge covers your spouse and your unmarried children under the age of 21 if:
- They were included in your application
- They are also in the United States unlawfully.
A referral is not a denial of your asylum application. Instead, the USCIS will refer your case for review by an immigration court. An immigration judge will review your asylum application independently and is not required to follow the decision made by USCIS.
A Notice of Intent to Deny
You can obtain a Notice of Intent to Deny (NOID) if you have valid legal status in the United States, however, that it has been determined that you are not eligible for asylum. The NOID will explain the motive(s) why you are not eligible as an asylum applicant. You will have 16 days to explain, in writing, why your application should be accepted, and/or to provide new evidence to support the application.
If you do not respond within that time, your asylum application may be rejected. If the USCIS receives a timely response, your asylum officer will carefully analyze the response and/or new evidence, and make a final decision to approve or deny the application.
You will be sent a Notice of Intent to Deny (NOID) and a final denial letter if:
- Your response to the NOID is not produced within 16 days, or
- You have submitted a response, but the new material has not overcome the grounds for denial stated in the NOID.
The asylum officer’s decision cannot be appealed. This denial covers all dependents included in your asylum application, including a spouse or child. If your application is rejected, you are allowed to apply for asylum again. However, you must justify a change of circumstance that affects your right to asylum.
Do you need help with your U.S. asylum application?
To avoid a negative decision on your application, or a further delay in receiving asylum, it is important to have the support of an asylum attorney who will help you meet all of the given requirements of your forms and organize the necessary documentation.
Make an appointment now with our asylum attorney and get the credible advice you need to carry out your asylum application in the United States, and feel assured that you have a greater chance at being granted asylum for you and your family.