Asylum Merits Interview with USCIS: Processing After a Positive Credible Fear Determination

The Credible Fear Pathway

If an asylum officer finds you have a credible fear, USCIS may either retain your application for an Asylum Merits Interview, or issue a Notice to Appear before an immigration judge for defensive asylum proceedings. If a negative credible fear determination is issued, you may request IJ review. If the IJ vacates the negative finding, your case may be referred back to USCIS for an Asylum Merits Interview or placed in defensive proceedings.

Only adults and families placed in expedited removal after May 31, 2022, are subject to these procedures. Unaccompanied children are not covered because they are statutorily exempt from expedited removal.

Your Asylum Application in This Process

The written record of your positive credible fear determination is treated as your asylum application (you do not need to file Form I-589). The filing date is the date of service of your positive credible fear determination. You may include your spouse and unmarried children under 21 if they were included in the positive credible fear determination or have their own pending USCIS asylum application under this process.

You may amend or supplement information from your credible fear screening. Submit in person at least 7 calendar days before the interview; by mail, postmarked at least 10 calendar days before. The asylum officer may, in their discretion, consider late submissions if there is good cause and the extension would not delay USCIS adjudication more than 60 days from filing.

Eligibility Standards

Asylum

You must be a refugee unable or unwilling to return to your country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion — and that ground must be at least a central reason for the persecution. You must also warrant a favorable exercise of discretion. A grant of asylum includes your spouse and unmarried children under 21 included in your application, and allows you to apply for an EAD, Social Security card, and Green Card, and to petition for additional family through Form I-730.

Withholding of Removal (INA 241(b)(3))

You must show it is more likely than not that your life or freedom would be threatened on account of a protected ground in the proposed country of removal. Only immigration judges and the BIA may grant statutory withholding of removal. It does not confer LPR eligibility or family petition rights.

CAT Withholding and Deferral

You must show it is more likely than not that you would be tortured in the country of removal. If torture is more likely than not but a mandatory bar to withholding applies, removal may be deferred. Deferral does not confer lawful status, and may be terminated if conditions change.

What to Bring and Who to Bring

• Any passports, travel documents, and Form I-94 if received at arrival;
• Originals and copies of birth and marriage certificates for included family members;
• Your credible fear determination record and any prior submissions, with certified English translations;
• Any additional evidence not yet submitted; and
• Your attorney or accredited representative with Form G-28.

Bring your spouse and unmarried children under 21 included in your application. USCIS provides a contract interpreter for Asylum Merits Interviews if you cannot proceed in English — you do not need to bring your own interpreter. You may bring witnesses, though USCIS encourages written affidavits submitted in advance.

What to Expect at the Interview

The asylum officer conducts the interview non-adversarially. You will take an oath. The officer will verify your identity and those of any dependents, ask biographical questions and about your reasons for seeking asylum, and ask questions about potential bars. The interview will be recorded; if asylum is not granted, the recording is transcribed and becomes part of the immigration court record. Your information is protected by confidentiality provisions at 8 CFR 208.6.

Outcomes

If asylum is granted: You receive a grant letter and Form I-94. Apply for a Green Card after one year using Form I-485. To bring family members, file Form I-730 within 2 years of the asylum grant.

If asylum is not granted: You and your dependents receive a Notice to Appear in streamlined INA 240 removal proceedings before an immigration judge, who will independently consider your claims. If the IJ also does not grant asylum and issues a final order of removal, the IJ may confirm any USCIS withholding or CAT eligibility finding, and you will have another opportunity to present those claims.

Failure to Appear and Rescheduling

If you miss your Asylum Merits Interview, contact the asylum office in writing within 15 days demonstrating exceptional circumstances (battery, extreme cruelty, serious illness, death of a close family member — not an exhaustive list). Failure to establish exceptional circumstances results in removal to immigration court. Requests to reschedule generally are not honored; exigent circumstances must exist (officer unavailability, applicant illness, interpreter unavailability, office closure). Do not request by telephone.

Permission to Work

To apply for employment authorization while your Asylum Merits application is pending, file Form I-765 under category (c)(8). If your application is approved, you are immediately authorized to work. If not granted, your EAD based on the pending asylum application is automatically terminated at the expiration date on the EAD or 60 days after the asylum denial, whichever is later.