USCIS and Asylum in Maryland

United States Citizenship and Immigration Services (“USCIS”) is the agency that issues immigration benefits to applicants. They are under the umbrella of the U.S. Department of Homeland Security.

If you are applying for asylum, it is important to understand the relationship between USCIS and asylum in Maryland, and in all of the United States. Advice from an experienced immigration attorney can make a critical difference in the success of your application.

The Role of USCIS in Asylum Applications

USCIS makes the asylum application easily accessible at www.USCIS.gov. They also provide instructions on how to complete the application, what to submit, and where to file. The USCIS helps those who are filing for asylum affirmatively and those are seeking asylum defensively (through removal proceedings before an immigration judge) to apply for benefits associated with the asylum application. If someone is seeking asylum during removal proceedings they will be required to submit the first three pages of their asylum application to be fingerprinted for a background check.

The USCIS is also the agency with whom the Form I-765, needed to request employment authorization, is filed. Applicants can file for work authorization after their asylum application has been pending for 150 days.

What Happens After Filing an Application with USCIS?

After receiving an asylum application, the USCIS checks to make sure it was completed correctly in terms of the number of copies submitted, photographs, and signatures. They check to make sure everything complies with the USCIS instructions.

Next, USCIS will forward the application to the local asylum office, which will schedule the applicant for an interview. It is up to the local asylum office to evaluate and adjudicate the application. They will either grant the asylum or refer the applicant to immigration court to present their case before an immigration judge.

If the applicant is in removal proceedings, then the application will be adjudicated by the immigration judge.

Receiving a Receipt Notice

Anyone who is applying for asylum should note that once an affirmative asylum application has been filed, they will receive a receipt notice from USCIS as evidence that their application has been received. If the applicant does not receive a receipt notice after a few weeks, then they should call the USCIS and make an inquiry showing evidence of filing. It is important to make a copy of everything that is submitted to USCIS and keep a copy of any tracking information showing that the application was filed with the correct Service Center.

Ask an Attorney About the Role of USCIS in Asylum Applications

USCIS plays an important role in the asylum process. While the local asylum office having jurisdiction over the state of Maryland has the ultimate power to grant an affirmative asylum application and the Baltimore Immigration Court has the power to grant or deny defensive asylum applications, the process begins with USCIS. If your asylum application is ultimately successful, USCIS will play an important role in applying for permanent resident status in the future.

If you need help with your asylum application or want to discuss alternatives, reach out to an immigration attorney familiar with the relationship between USCIS and asylum in Maryland today. After a careful analysis of your situation, they can help you pursue asylum or other avenues to remaining in the United States. Call today to schedule a consultation.

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