Types of Affirmative Asylum Decisions: Grant, Referral, NOID, Denial, and What Each Means

Grant of Asylum

If USCIS determines you are eligible for asylum, you will receive a letter and a completed Form I-94 indicating that you have been granted asylum. The grant includes your spouse and minor children provided they were present in the US, included in your asylum application, and you established the qualifying relationship.

A grant of asylum allows you to apply for: an Employment Authorization Document (EAD); a Social Security card; a Green Card (after 1 year); and immigration benefits for your spouse and unmarried children under 21. See the Benefits and Responsibilities of Asylees article for details.

A grant of asylum in the US does not expire. However, USCIS may terminate asylum status if you: no longer have a well-founded fear of persecution due to a fundamental change in circumstances; obtained protection from another country; obtained the asylum grant through fraud; or committed certain crimes or engaged in other activities making you ineligible to retain status. See INA §208(c)(2).

Referral to Immigration Court

If USCIS is unable to approve your application and you are in the US illegally, USCIS will refer your case to an immigration court. The referral includes your spouse and unmarried children under 21 if they were on your application and are in the US illegally. A referral is not a denial — it sends the case for independent review by an immigration judge, who is not required to follow or rely on USCIS's analysis. You will receive a letter of explanation and a Form I-862 (Notice to Appear) with your scheduled court date. You do not need to refile your asylum application.

USCIS may also send your application directly to immigration court (without first conducting an interview) if: DHS issued a Notice to Appear (NTA) and you filed your I-589 with USCIS 21 calendar days or fewer after the NTA was filed and docketed with EOIR; the NTA was docketed after you filed with USCIS; or the NTA was issued but not yet filed with EOIR.

Notice of Intent to Deny (NOID)

You may receive a NOID if you have valid legal immigration status in the United States but are found ineligible for asylum. The NOID states the reason(s) for ineligibility. You have 16 days to respond in writing — explaining why the claim should be granted, submitting new evidence, or both. If you do not respond within 16 days, your claim may be denied. If you respond timely, the asylum officer will carefully consider the response and evidence and issue a final approval or denial.

Final Denial

You will receive a NOID followed by a final denial letter if: you do not respond to the NOID within 16 days; or you submitted a response but the new information failed to overcome the stated reasons for denial. You cannot appeal the asylum officer's decision. The denial covers any dependents included on your application. If denied, you may reapply for asylum, but you must show changed circumstances that affect your eligibility.

When USCIS Sends the Application to Immigration Court Without an Interview

In certain cases — specifically where a Notice to Appear was issued and is pending at EOIR, or was issued but not yet filed — USCIS will not adjudicate the application. Instead, USCIS will forward the application to the appropriate immigration court and notify you by mail. The immigration court then has jurisdiction over the asylum claim.