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

If you were placed in expedited removal proceedings, you received a positive credible fear determination, and USCIS retained your asylum application or accepted your case (after an IJ vacated an asylum officer’s negative credible fear determination and issued a positive credible fear determination, and your case was referred back to USCIS for further consideration), we will schedule you for a second non-adversarial interview with a USCIS asylum officer. This second interview is known as an Asylum Merits Interview.

At your Asylum Merits Interview, an asylum officer will consider whether you are eligible for asylum. They also will consider whether you are barred from a grant of asylum and whether you warrant a grant of asylum as a matter of discretion, and they will determine whether you demonstrated eligibility for withholding of removal or protection under CAT based on the record before USCIS.

If the asylum officer grants you asylum:

• You will receive a grant letter informing you of applicable benefits and related procedures. The grant of asylum generally includes your spouse and unmarried children under the age of 21 who were included in your application for asylum. For information, visit the Benefits and Responsibilities of Asylees and Asylum Bars pages.

If the asylum officer does not grant you asylum:

• You and any dependents on your case will be issued a Notice to Appear in immigration court for streamlined Immigration and Nationality Act (INA) section 240 removal proceedings (streamlined removal proceedings), where you will have another opportunity to present your asylum claim before an IJ.
• Once you are in streamlined removal proceedings, if the IJ also does not grant you asylum and issues you a final order of removal, the IJ may confirm the asylum officer’s determination that you demonstrated eligibility for withholding of removal or protection under CAT. If the asylum officer determined that you did not demonstrate eligibility for withholding of removal or protection under CAT based on the record before USCIS, you will have another opportunity to present your requests for withholding of removal or protection under CAT before the IJ.

Application for Asylum

The written record of your positive credible fear determination will be treated as your application for asylum. You do not need to file a Form I-589, Application for Asylum and for Withholding of Removal. The filing date for your asylum application is the date of service of your positive credible fear determination.   

You may include your spouse and unmarried children who are under 21 years of age in your asylum application only if they:

• Were included in the positive credible fear determination; or
• Also presently have an application for asylum pending adjudication with USCIS under this process. You will have to contact the asylum office or tell the asylum officer at your Asylum Merits Interview that you want to include them on your application.

If USCIS does not grant you asylum, an asylum officer will determine whether there is a significant possibility that your spouse or child included in your application have experienced or fear harm that would be an independent basis for asylum, withholding of removal, or protection under CAT.

The independent basis determination for dependents does not affect the outcome of the case. All dependents on your case who are not granted asylum as a principal or derivative asylee by USCIS will be issued a Notice to Appear in immigration court as part of your case, regardless of the outcome of the independent basis determination. The purpose of the independent basis determination is to allow your dependents to pursue their own claim if the IJ does not grant you asylum once you are in streamlined removal proceedings and your dependents are unable to derive asylum from you. 

Withholding of removal and protection under CAT eligibility is only determined for the principal applicant; a dependent cannot derive this status like they can asylum. Spouses and children would have to apply for such protection on their own and establish their own individual entitlement to protection.

Amending or Supplementing Application for Asylum

You may subsequently amend or supplement the information collected during the credible fear screening process. If you are submitting the information or additional evidence directly to an asylum office:

• In person, you must submit it no later than 7 calendar days before the scheduled Asylum Merits Interview; or
• By mail, it must be postmarked no later than 10 calendar days before the scheduled Asylum Merits Interview.  

If the asylum officer, in their discretion, finds good cause, they may consider amendments or supplements submitted after the 7- or 10-day (depending on the method of submission) deadline or may grant you an extension of time to submit additional evidence, provided the extension would not result in a delay in the adjudication of your case by USCIS more than 60 days from the date of filing.

NOTE: If USCIS retains your asylum application for an Asylum Merits Interview after a positive credible fear determination, the USCIS COVID-19 flexibilities for responding to agency requests that have been extended through July 25, 2022, do not apply to you.  See the USCIS Extends Flexibility for Responding to Agency Requests page. 

Eligibility for Asylum

To qualify for asylum, you must establish that:

• You are a refugee who is unable or unwilling to return to your country of nationality, or last habitual residence if you have no nationality, 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
• You warrant asylum as a matter of discretion.

This means that you must establish that race, religion, nationality, membership in a particular social group, or political opinion was or will be at least a central reason for your persecution or why you fear persecution. (See sections 101(a)(42) and 208(b) of INA; 8 CFR sections 208 and 1208, et seq.)

If you are granted asylum, you and any eligible spouse or unmarried child who is under 21 years of age included in your application can remain and work in the United States and may eventually adjust status to lawful permanent resident (get a Green Card), which will enable you to sponsor certain family members to come to the U.S. If you are not granted asylum, the Department of Homeland Security may use the information you provide to establish that you are removed from the United States.

Entitlement to Withholding of Removal Under Section 241(b)(3) of the INA

To qualify for withholding of removal under section 241(b)(3) of the INA (known as “statutory withholding of removal”), you must establish that it is more likely than not that your life or freedom would be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion in the proposed country of removal.

Only IJs and the Board of Immigration Appeals may grant statutory withholding of removal. If you obtain an order withholding your removal to a particular country, you cannot be removed to that country where your life or freedom would be threatened. However, you may be removed to a third country where your life or freedom would not be threatened. Your spouse or child would have to apply for such protection on their own and establish their own individual entitlement to protection.

If you are granted withholding of removal, this will not give you the right to bring your relatives to the United States. It also will not give you the right to apply for status as a lawful permanent resident.

Entitlement to Withholding of Removal Under CAT

The Convention Against Torture, or CAT, refers to the United Nations Convention against Torture and Other Cruel, Inhuman, or Degrading Treatment or Punishment. To be granted withholding of removal to a country under Article 3 of CAT, as implemented in U.S. law, you must show that it is more likely than not that you would be tortured in that country. Torture is defined at 8 CFR sections 208.18(a) and 1208.18(a), which incorporate the definitions in Article 1 of CAT as implemented in U.S. law.

Only IJs and the Board of Immigration Appeals may grant withholding of removal or deferral of removal under CAT. As implemented in U.S. law, Article 3 of CAT prohibits the United States from removing you to a country in which it is more likely than not that you would be subject to torture. However, CAT does not prohibit the United States from returning you to any other country where you would not be tortured. This means that you may be removed to a third country where you would not be tortured.

Withholding of removal under CAT does not allow you to get a Green Card or to petition to bring family members to come to, or remain in, the United States.

Entitlement to Deferral of Removal Under CAT

If it is more likely than not that you will be tortured in a country, but you are subject to a mandatory bar to withholding of removal, your removal will be deferred under 8 CFR sections 208.17(a) and 1208.17(a). Deferral of removal does not confer any lawful or permanent immigration status in the United States and does not necessarily result in release from detention. Deferral of removal is effective only until it is terminated. Deferral of removal is subject to review and termination if it is determined that it is no longer more likely than not that you would be tortured in the country to which your removal is deferred or if you request that your deferral be terminated.

Scheduling of Asylum Merits Interview

Depending on where you live, we will schedule you for an Asylum Merits Interview. Your interview notice will tell you the date, location, and time of your interview. For more information about USCIS asylum and field offices, visit our Find A USCIS Office page.

If you have already been scheduled for an Asylum Merit Interview, but you would like to request an earlier interview date, asylum office directors may consider your request on a case-by-case basis. Please submit any urgent interview scheduling requests in writing to the asylum office with jurisdiction over your case. Go to the USCIS Service and Office Locator page for contact information.

If you have any questions about the time or place of your Asylum Merits Interview, please contact the asylum office with jurisdiction over your case for more detailed information.

What to Bring to Your Asylum Merits Interview

• A form of identification, including:
  • Any passports you may have;
  • Other travel or identification documents; and
  • Form I-94, Arrival-Departure Record, if you received it when you arrived in the United States;
• The originals and 1 copy of any birth certificates, marriage certificates, or other documents to establish your relationship to your family members included in your asylum application;
• A copy of your record of credible fear determination and copies of any additional material that you previously submitted, in case the asylum office is missing any of this information;
• Any additional items you have available that document your claim and that you have not already shared or submitted; and
• A certified translation of any document that is not in English;
  • Any document in a language other than English must be accompanied by an English translation that the translator has certified is complete and correct.
  • The translator must certify that they are competent to translate the language used in the document into English.

Interpreters

If you are unable to proceed with your Asylum Merits Interview effectively in English, the asylum officer will arrange for the assistance of a USCIS contract interpreter. You do not need to bring an interpreter. USCIS contract interpreters are carefully vetted and must meet high standards of competency. An interpreter must be at least 18 years of age. Neither the applicant's attorney or accredited representative of record, a witness testifying on the applicant's behalf, nor a representative or employee of the applicant's country of nationality, or if stateless, country of last habitual residence, may serve as an applicant's interpreter.

Who Should Come with You to Your Asylum Merits Interview?

1. Dependents

You must bring your spouse and unmarried children under 21 included in your asylum application to your Asylum Merits Interview. They must bring any identity, travel, or other supporting documents they have in their possession with them. The only family members you need to bring to the interview are those who are included in your asylum application.

2. Attorney or Accredited Representative

You have the right to bring an attorney or accredited representative to your Asylum Merits Interview and to any immigration proceedings before the immigration court, at no cost to the U.S. government. You may obtain a list of pro bono (free or reduced cost) attorneys and community-based, non-profit organizations that may be available to assist you by:

• Visiting the Avoid Scams page;
• Visiting the U.S. Department of Justice EOIR Recognition and Accreditation Program website;
• Visiting EOIR’s list of pro bono (free) legal service providers by state; or
• Contacting the USCIS field office or asylum office near your home.

Your attorney or accredited representative must submit Form G-28, Notice of Entry of Appearance as Attorney or Accredited Representative, to represent you before USCIS and accompany you to your Asylum Merits Interview. 

Having your Attorney or Accredited Representative Participate in your Asylum Merits Interview from a Remote Location via Telephone

If you are scheduled for an Asylum Merits Interview at an asylum office and you have an attorney or accredited representative, they may participate in your interview remotely through a telephone connection. To participate remotely, they must choose the document corresponding to the asylum office where we have scheduled your interview:

• Arlington Asylum Office Attorney Opt-in Template  (PDF, 205.99 KB)
• Boston Asylum Office Attorney Opt-in Template  (PDF, 202.69 KB)
• Chicago Asylum Office Attorney Opt-in Template  (PDF, 221.72 KB)
• Houston Asylum Office Attorney Opt-in Template  (PDF, 218.94 KB)
• Los Angeles Asylum Office Attorney Opt-in Template  (PDF, 242.8 KB)
• Miami Asylum Office Attorney Opt-in Template  (PDF, 221.12 KB)
• New Orleans Asylum Sub-Office Attorney Opt-in Template  (PDF, 222.01 KB)
• New York Asylum Office Attorney Opt-in Template  (PDF, 220.71 KB)
• Newark Asylum Office Attorney Opt-in Template  (PDF, 223.29 KB)
• Newark Asylum Office/Manhattan Branch Attorney Opt-In Template  (PDF, 223.78 KB)
• San Francisco Asylum Office Attorney Opt-in Template  (PDF, 221.77 KB)
• Tampa Asylum Office Attorney Opt-in Template  (PDF, 210.56 KB)

Each document is specific to that asylum office. Please carefully read the information on the document for the office where we have scheduled your interview, and consult with your attorney or accredited representative to determine whether you want them to participate remotely.

3. Witnesses

If you have a witness who will provide testimony in support of your application, that individual may come with you to your Asylum Merits Interview. However, we encourage your witness to provide sworn written testimony or affidavits before your interview and not attend the interview. You may provide this written testimony to USCIS as additional evidence in compliance with the requirements stipulated in the “Amending or Supplementing Application for Asylum” section above.

What to Expect at Your Asylum Merits Interview?

The asylum officer will conduct the Asylum Merits Interview in a non-adversarial manner. The asylum officer will verify your identity and the identity of any spouse or child included in your application and ask you basic biographical questions and the reasons you are applying for asylum, withholding of removal, or CAT protection. The asylum officer will also ask you questions to determine if you are barred from asylum, statutory withholding of removal, or withholding of removal under CAT. For more information on the bars to asylum, please visit the Asylum Bars page. 

You will be asked to take an oath promising to tell the truth during the interview. The interpreter will also take an oath promising to interpret accurately and truthfully. You may present witnesses and submit affidavits of witnesses. The Asylum Merits Interview will be recorded, and if USCIS does not grant you asylum, the recording of the interview will be transcribed, and the transcript will become part of the record in your case.   

The asylum officer will know that it may be difficult for you to talk about traumatic and painful experiences that caused you to leave your country. However, it is very important that you talk about your experiences so the asylum officer can determine whether you are eligible for asylum, withholding of removal, or protection under CAT.

The information you share with the asylum officer is confidential. In general, information related to your asylum application cannot be shared with third parties without your written consent or without specific authorization by the Secretary of the Department of Homeland Security. There are certain exceptions to this rule, however, which can be found in the confidentiality regulation (see 8 CFR 208.6). For more information on confidentiality and the asylum process, please visit our Fact Sheet on Asylum Confidentiality  (PDF, 350.1 KB).

You and your attorney or accredited representative, if they are participating, will have time at the end of the interview to make a brief statement and add any additional information. Your attorney or accredited representative will also have the opportunity to briefly ask you or any witness follow-up questions. You will not receive a written decision on your case at the conclusion of the Asylum Merits Interview.  For the regulations governing Asylum Merits Interviews, see 8 CFR 208.9.

If you fail to appear for your Asylum Merits Interview, you must contact the asylum office in writing within 15 days to request that your case be rescheduled.  You must demonstrate that your failure to appear at the interview was due to "exceptional circumstances." “Exceptional circumstances” is generally defined as “circumstances (such as battery or extreme cruelty to the alien, or any child or parent of the alien, serious illness of the alien, or serious illness or death of the spouse, child, or parent of the alien, but not including less compelling circumstances) beyond the control of the alien.” This list is not exhaustive.

If you do not contact the asylum office or you do not establish exceptional circumstances related to your failure to appear, you will be removed from the Asylum Merits Interview process and placed in removal proceedings in immigration court. If you still wish to seek asylum in the United States, you must file Form I-589, Application for Asylum and for Withholding of Removal, with the immigration court. You must file your application within 1 year from the date you arrived in the United States, or the immigration judge may find that you are barred from applying for asylum.

In general, requests to reschedule Asylum Merits Interviews will not be honored. "Exigent circumstances" must exist to reschedule an Asylum Merits Interview. "Exigent circumstances" may include the unavailability of an asylum officer to conduct the interview, the inability of the applicant to attend the interview due to illness, the inability of USCIS to timely secure an appropriate interpreter, or the closure of the asylum office.

If you need to reschedule your interview before the scheduled date of the interview, you must either:

• Mail, fax, or email a letter to the asylum office where your interview is scheduled to be held; or
• Go to that asylum office and complete an In-Person Reschedule Request.

The asylum office will not honor a request to reschedule received by telephone. A request to reschedule an asylum interview must include the reason for the request and any relevant evidence.

We will notify you in writing whether we will reschedule your interview. If we agree to reschedule your interview, we will send you a new interview appointment notice with the new interview date, time, and location. Please visit our Asylum page for information about how rescheduling your interview may affect permission to work in the United States.

NOTE: If the interview notice was not mailed to the most recent address you provided to USCIS, then the asylum office will reschedule the interview without requiring exigent circumstances.

Every individual who applies for asylum will be subject to a series of background and security checks. We have the general authority to require and collect biometrics from any applicant, petitioner, sponsor, beneficiary, or other individual residing in the United States for any immigration and naturalization benefit. See 8 CFR 103.2 (b)(9). The biometrics recorded during the expedited removal process for you and any dependents may be used to verify identity and for criminal and other background checks, for purposes of the asylum application and consideration of eligibility for withholding of removal and protection under CAT. Depending on the results of these mandatory checks, you may not merit a final grant of asylum, and we may refer your application to immigration court for removal proceedings.

The background and security checks consist of the following:

• USCIS will send your biographical information to the Federal Bureau of Investigation (FBI) to conduct background and security checks
• USCIS will check your biographical information against law enforcement databases.
• The fingerprints recorded during the expedited removal process for you and any dependents are sent to the FBI to conduct background and security checks and are enrolled in the DHS Office of Biometric Identity Management’s Automated Biometric Identification System. Asylum offices use this system to verify the identity of applicants and dependents at the interview.

If USCIS Grants Asylum

If an asylum officer grants you asylum, you will receive a letter and completed Form I-94, Arrival Departure Record, indicating that you have been granted asylum in the United States. The grant of asylum generally includes your spouse and unmarried children under the age of 21 who were included in your application for asylum.

See Family of Refugees & Asylees for more information on immigration benefits for your spouse and children.

A grant of asylum allows you to apply for:

• An Employment Authorization Document (EAD);
• A Social Security card;
• A Green Card (lawful permanent resident status); and
• Immigration benefits for your spouse and unmarried children under the age of 21.

See Benefits and Responsibilities of Asylees for more information on how to obtain these benefits.

A grant of asylum in the U.S. does not expire. However, we may terminate your asylum status if you:

• No longer have a well-founded fear of persecution because of a fundamental change in circumstances;
• Obtained protection from another country;
• Obtained the original asylum grant through fraud; or
• Committed certain crimes or engaged in other activities that make you ineligible to retain asylum in the United States.

See Section 208(c)(2) of the Immigration and Nationality Act for more information on the termination of asylum status.

If USCIS Does Not Grant Asylum

If an asylum officer does not grant you asylum following an Asylum Merits Interview, you will receive written notice of the decision. The decision will also include the asylum officer’s determination of your eligibility for withholding of removal and protection under CAT based on the record before USCIS.

You will receive a Notice to Appear in streamlined removal proceedings before an IJ for consideration of your asylum, withholding of removal, and CAT protection claims. Generally, any dependents included on your application will also receive a Notice to Appear in streamlined removal proceedings as part of your case.

Based on a Pending Asylum Application:

To apply for employment authorization, you must file a Form I-765, Application for Employment Authorization. For more information, see the Form I-765 webpage.

For more information regarding employment authorization, see the Asylum webpage. If we approve your application for employment authorization based on your pending asylum application [(c)(8) category], your Employment Authorization Document (EAD) will be valid for up to 2 years.

After the Asylum Application is Adjudicated:

If you are granted asylum, you are immediately authorized to work. Some asylees choose to obtain EADs for convenience or identification purposes, but an EAD is not necessary to work if you are an asylee.

If you are not granted asylum, we will automatically terminate your EAD based on your pending asylum application at the expiration of the employment authorization document or 60 days after the denial of asylum, whichever is longer. If the application is denied by the IJ, the Board of Immigration Appeals, or a Federal court, the employment authorization terminates when the employment authorization document expires, unless the applicant has filed an appropriate request for administrative or judicial review.

If you are granted asylum, you may petition to bring your spouse and children to the United States by filing a Form I-730, Refugee/Asylee Relative Petition. To include your child on your application, the child must be under 21 and unmarried.

You must file the petition within 2 years of being granted asylum unless there are humanitarian reasons to excuse this deadline. There is no fee to file this petition. 

You may apply for a Green Card 1 year after being granted asylum. To apply for a Green Card, file Form I-485, Application to Register Permanent Residence or to Adjust Status. You must submit a separate Form I-485 application packet for yourself and, if applicable, for each family member who received derivative asylum based on your application.

For more information about Green Cards, see our Green Cards for Asylees page. For more information about asylum, see our Asylum Questions and Answers page.

The addresses and locations for USCIS asylum offices are available using the Asylum Office Locator.

Asylum News

• Asylum and Refugee News Releases
• Asylum and Refugee Alerts
• USCIS Welcomes Refugees and Asylees  (PDF, 1.78 MB)

Asylum

• FACT SHEET: Implementation of the Credible Fear and Asylum Processing Interim Final Rule
• Rosario Class Action
• Notice of Proposed Settlement and Hearing In Class Action Involving Detained Noncitizens Who Are Awaiting a “Reasonable Fear Determination”
• Obtaining Asylum in the United States
• Minor Children Applying for Asylum By Themselves
• Credible Fear Screenings
• Asylum Bars
• Immigration through the Nicaraguan Adjustment and Central American Relief Act (NACARA) Section 203
• Benefits and Responsibilities of Asylees
• Asylum Division Training Programs
• "How Do I" Guides for Refugees and Asylees
• Basic Eligibility for Section 204(l) Relief for Surviving Relatives
• Asylum Division Quarterly Stakeholder Meeting

Find Asylum Offices and Related Areas

• Field Office Locator
• Asylum Office Locator

Questions and Answers

• Questions and Answers: Credible Fear Screening

Other USCIS Links

• Green Card for Asylees
• Family of Refugees and Asylees

Non-USCIS Links

• Executive Office for Immigration Review
• Title 8, Code of Federal Regulations