USCIS and Fairfax Asylum

When applying for affirmative asylum, it is important to understand the roles USCIS and Fairfax asylum play in your case. Typically, an individual will submit an application to USCIS if they are not in immigration court. The USCIS  is the organization with whom a person applies and who adjudicate affirmative asylum applications. They are the decision makers for only the affirmative asylum application.

A distinguished asylum lawyer can help clarify the USCIS and Fairfax asylum application process. A Fairfax asylum lawyer can help you prepare your case before presenting and trying to establish the fear of returning to your home country.

United States Citizen and Immigration Services

USCIS is the entity that grants benefits to individuals in the United States. It is where an individual applies if they want benefits to be awarded if granted nationalization, a green card or asylum. They are not the entity under the Department of Homeland Security that attempts to remove people from the country.

Rather than using a court setting, the case is handled in an administrative proceeding when a person is applying affirmatively with USCIS. They do have the authority, however, to refer a person’s case to the immigration court and place it into removal proceeding if they found reasons to deny the USCIS and Fairfax asylum application that the individual submitted. At that point, once they made a determination of their case, they can refer the case to the immigration court who will then issue a notice to appear and they will begin removal proceedings.

Evaluating the Application

They do a thorough examination of all the documents that a person submitted, their full USCIS and Fairfax asylum application, all of their country condition evidence, and everything that they submitted on paper and then during the asylum interview, they will thoroughly question them on every aspect of their application and the claim of fear. It is a very, very thorough application process. A person can be called for multiple interviews. In many cases, they can be held for an interview all day long. I was just in an eight-hour one last week and it was just common. It is very thorough, detailed interviewing process in addition to evaluating the paper claim that a person submitted.

USCIS vs. Other Organizations

For affirmative cases, USCIS is the only entity that has authority to approve or deny the case. However, there is some communication between other departments of the government like the Department of State, because some of the information that is submitted in asylum applications can be valuable for US intelligence purposes. Sometimes, the Department of State can request access to information in asylum files for their own purposes. As far as issuing a decision for affirmative cases, USCIS is the only entity that has jurisdiction.

Someone seeking asylum should the one-year deadline is extremely important and the most important thing is an applicant’s credibility. An applicant needs to be thoroughly very well versed on their own claim for asylum and sometimes it sounds like something that is simple but sometimes it is harder that it sounds.

A lot of times, USCIS and Fairfax asylum applicants have been through extraordinarily traumatic situations and may not have a completely clear memory about what has happened to them. And another issue is that there is just such a big time lapse between the time a person submits the application and the time the interview is taken or the interview is taking place. Little details can be forgotten during that timeframe, and nobody’s memory is perfect and a bad memory does not mean that a person is not in a viable claim. A person just needs to make sure that they remember the details of their own story and really minute details can become extremely important because it can impact their credibility as a whole.

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