Uscis forms 031210[1]

USCIS Forms

Table of Contents

ATTACHMENT FORM # DOCUMENT TITLE PAGE

#

Attachment A Form G-28Notice of Entry of Appearance as Attorney or Accredited Representative 2

Attachment B Form M-444 Information About Credible Fear Interview 4 Attachment C Form I-589 I-589, Application for Asylum and for Withholding of Removal 7 Attachment D Form I-862 Notice to Appear 19 Attachment E Form I-863 Notice of Referral to Immigration Judge 23 Attachment F Form I-870 Record of Determination/ Credible Fear Worksheet 26

Attachment G Form I-898 Record of Negative Reasonable Fear Finding and Request for Review by Immigration Judge 33

Attachment H Form I-899 Record of Determination/ Reasonable Fear Worksheet 36 Attachment I No Form # Monitor’s Oath in Affirmative Asylum Interview 40

Attachment J No Form # USCIS Asylum Program, Information Guide for Prospective Asylum Applicants 42

Attachment K No Form # Code of Federal Regulations, Title 8 45 Attachment L No Form # Request for Dissolution of Credible Fear Process 47 Attachment M No Form # Request for Dissolution of Credible Fear Process/ Declaration of Alien 49

Attachment N No Form # Information about How to Seek Release from Detention: Parole Eligibility and Process for Certain Asylum Applicants 51

Attachment O Form M-488 Information About Reasonable Fear Interview 54

Attachment P Form I-869 Record of Negative Credible Fear Finding and Request for Review by Immigration Judge 57

Attachment Q No Form # Waiver of the 48-Hour Period 60 Attachment R No Form # Withdrawal of Request for Reasonable Fear Determination 62

Attachment S No Form # Fact Sheet: Federal Regulations Protecting the Confidentiality of Asylum Applicants 64

Attachment T No Form # Confidentiality and Neutrality Statement 71 Attachment U Form I-730 Refugee/ Asylee Relative Petition 74

Language Line Services Confidential Information

Attachment A Form G-28

G-28, Notice of Entry of Appearance as Attorney or Accredited Representative

Language Line Services Confidential Information 2

3

3.1

3.2

Attachment B Form M-444

Information About Credible Fear Interview


Page 1 of 2 Form M-444 (Rev. 3-22-99)

INFORMATION ABOUT CREDIBLE FEAR INTERVIEW

Purpose of this notice The purpose of this notice is to explain what will happen while you are in detention, what rights you have, and what may happen to you as a result of statements you make. It is important that you understand your rights and what will happen. PLEASE READ THIS NOTICE CAREFULLY. You have been detained because the U.S. Immigration and Naturalization Service (INS) believes that you may not have the right to stay in the United States. You have indicated an intention to apply for asylum or a fear of persecution or return to your country. You will be interviewed by a specially-trained asylum officer to determine if you have a “credible fear of persecution” or a “credible fear of torture.” You will be detained until that interview takes place. If the INS finds that you have a credible fear of persecution or torture, the INS will consider whether to release you. Right to consult with other persons Normally, the interview will not take place sooner than 48 hours after you arrive at the detention facility. You may use this time to rest and consult with family members, friends, or other representatives. In unusual circumstances, you may be given additional time to contact someone. If you need this additional time, you should inform an INS officer. You may request that the interview take place sooner if you are prepared to discuss your fears or claim immediately. You may consult with a person or persons of your choosing, provided that such consultation is at no expense to the government and does not delay the process. A person of your choice can be present with you at your interview. A list of representatives who may be able to speak to you free of charge is attached to this notice. You may use the telephone while you are in detention to call a representative, friend or family member in the United States, collect or at your own expense. If you wish to call someone, you should ask an INS officer for assistance. You also may contact the United States Office of the United Nations High Commissioner for Refugees, at (202) 296-5191 from 9:00 a.m.-5:00 p.m. (eastern standard time), Monday through Friday. Description of credible fear interview The purpose of the credible fear interview is to determine whether you might be eligible to apply for asylum or for withholding of removal under the Convention against Torture before an immigration judge. This interview is not your formal asylum or withholding of removal hearing. It is only to help us determine whether there is a significant possibility that you may qualify as a refugee or for protection from removal under the Convention against Torture. At your interview, you will have the opportunity to explain to the asylum officer why you think you should not be returned to your home country or any other country where you fear harm. If you want to apply for asylum in the United States, or think you will be harmed, persecuted or tortured if you return to your home country or another country, you must show an asylum officer that you have a credible fear of being harmed or persecuted because of your race, religion, nationality, membership in a particular social group or political opinion, or a credible fear of being tortured. The officer will take written notes. If the officer determines that you have a credible fear of persecution or torture if you are returned to your home country or another country where you fear harm, you may be eligible to remain in the United States or to be granted withholding of removal, which provides that you would not be removed to the country where you fear harm. It is very important that you tell the officer all the reasons why you have concerns about being removed. United States law provides strict rules to prevent disclosure of what you tell an asylum officer about the reasons you fear harm. The information you provide about the reasons for your fear will not be disclosed to your government, except in exceptional circumstances. It is also very important that you tell the truth during your interview. Although the purpose of this interview is not to gather evidence against you, failure to tell the truth could be used against you in this or in any future immigration proceeding.

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Page 2 of 2 Form M-444 (Rev. 3-22-99)

Need for interpreter or special consideration If you do not speak English well or if you prefer to be interviewed in your own language, INS will provide an interpreter for the interview. The interpreter has been told to keep the information you discuss confidential. If the interpreter is not translating correctly or you do not feel comfortable with the interpreter, you may request another interpreter. You may request a female officer and female interpreter, or a male officer and male interpreter, if this would make it easier for you to tell the asylum officer about information that is very personal or difficult to discuss. The INS will provide them if they are available. You will also have the opportunity to speak with the asylum officer separately from your family if you so desire. Consequences of failure to establish credible fear and review of determination If the asylum officer determines that you do not have a credible fear of persecution or torture you may request to have that decision reviewed by an immigration judge. If you do not request such review, you may be removed. If you request review, the immigration judge’s review will be in person or by telephone or video connection. The review will happen as soon as possible, to the maximum extent practicable within 24 hours, but in no case later than 7 days from the date of the asylum officer’s decision. You may consult with a person or persons of your choosing before the review by the immigration judge, provided it does not cause unreasonable delay. You will be given a copy of the asylum officer’s record of determination to examine prior to the review by the immigration judge. If any of the information is incorrect, you should notify the immigration judge. If the immigration judge agrees that you do not have a credible fear of persecution or torture, you may be removed from the United States. The immigration judge may decide that you do have a credible fear and that you are eligible for a full asylum and withholding of removal hearing before an immigration judge. After such a hearing, the immigration judge will either grant you protection, if you are eligible, or will order you removed, if you are not. If you are ordered removed, you may be barred from reentry to the United States for a period of 5 years or longer.

Interpreter Certification I (name of interpreter) certify that I am fluent in both the and English languages, that I interpreted the above information from English to completely and accurately, and that the recipient appeared to have understood my interpretation. (Signature of interpreter) (Date)

Alien Acknowledgment of Receipt

I acknowledge that I have been given notice concerning my credible fear interview. I understand that I may consult with a person or persons of my choosing prior to the interview as long as it does not unreasonably delay the process and is at no expense to the government. (Signature of person being referred)

(Date)

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Attachment C

Form I-589

I-589, Application for Asylum and for Withholding of Removal


8

9

10

11

12

13

14

15

16

17

18

18.1

18.2

18.3

18.4

18.5

18.6

18.7

18.8

18.9

18.10

18.11

18.12

Attachment D Form I-862 Notice to Appear


Form I-862: Notice to Appear Form I-862 is issued by an Asylum Pre-Screening Officers (APSO) only to an alien who receives a positive credible fear determination. This form orders the alien to appear before an Immigration Judge for a full immigration hearing.

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See reverse for important information Form I-862(Rev. 3/22/99)N

U. S. Department of Justice Immigration and Naturalization Service Notice to AppearIn removal proceedings under section 240 of the Immigration and Nationality Act:

File No:

In the Matter of:

Respondent: currently residing at:

(Number, street, city, state and ZIP code) (Area code and phone number)

1. You are an arriving alien. 2. You are an alien present in the United States who has not been admitted or paroled. 3. You have been admitted to the United States, but are deportable for the reasons stated below.

The Service alleges that you:

On the basis of the foregoing, it is charged that you are subject to removal from the United States pursuant to the following provision(s) of law:

This notice is being issued after an asylum officer has found that the respondent has demonstrated a credible fear of persecution or torture

Section 235(b)(1) order was vacated pursuant to: 8 CFR 208.30(f)(2) 8 CFR 235.3(b)(5)(iv)

YOU ARE ORDERED to appear before an immigration judge of the United States Department of Justice at:

(Complete Address of Immigration Court, including Room Number, if any)

on at to show why you should not be removed from the United States based on (Date) (Time)

the charge(s) set forth above.

(Signature and Title of Issuing Officer)

Date: (City and State)

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Form I-862(Rev. 3/22/99)N

Notice to Respondent Warning: Any statement you make may be used against you in removal proceedings. Alien Registration: This copy of the Notice to Appear served upon you is evidence of your alien registration while you are under removal proceedings. You are required to carry it with you at all times. Representation: If you so choose, you may be represented in this proceeding, at no expense to the Government, by an attorney or other individual authorized and qualified to represent persons before the Executive Office for Immigration Review, pursuant to 8 CFR 3.16. Unless you so request, no hearing will be scheduled earlier than ten days from the date of this notice, to allow you sufficient time to secure counsel. A list of qualified attorneys and organizations who may be available to represent you at no cost will provided with this Notice. Conduct of the hearing: At the time of your hearing, you should bring with you any affidavits or other documents which you desire to have considered in connection with your case. If any document is in a foreign language, you must bring the original and a certified English translation of the document. If you wish to have the testimony of any witnesses considered, you should arrange to have such witnesses present at the hearing. At your hearing you will be given the opportunity to admit or deny any or all of the allegations in the Notice to Appear and that you are inadmissible or deportable on the charges contained in the Notice to Appear. You will have an opportunity to present evidence on your own behalf, to examine any evidence presented by the Government, to object, on proper legal grounds, to the receipt of evidence and to cross examine any witnesses presented by the Government. At the conclusion of your hearing, you have a right to appeal an adverse decision by the immigration judge. You will be advised by the immigration judge before whom you appear, of any relief from removal for which you may appear eligible including the privilege of departing voluntarily. You will be given a reasonable opportunity to make any such application to the immigration judge. Failure to appear: You are required to provide the INS, in writing, with your full mailing address and telephone number. You must notify the Immigration Court immediately by using Form EOIR-33 whenever you change your address or telephone number during the course of this proceeding. You will be provided with a copy of this form. Notices of hearing will be mailed to this address. If you do not submit Form EOIR-33 and do not otherwise provide an address at which you may be reached during proceedings, then the Government shall not be required to provide you with written notice of your hearing. If you fail to attend the hearing at the time and place designated on this notice, or any date and time later directed by the Immigration Court, a removal order may be made by the immigration judge in your absence, and you may be arrested and detained by the INS.

Request for Prompt Hearing To expedite a determination in my case, I request an immediate hearing. I waive my right to have a 10-day period prior to appearing before an immigration judge.

(Signature of Respondent)

Before:

Date: (Signature and Title of INS Officer)

Certificate of Service

This Notice To Appear was served on the respondent by me on , in the following manner and in (Date) compliance with section 239(a)(1)(F) of the Act:

in person by certified mail, return receipt requested by regular mail Attached is a credible fear worksheet. Attached is a list of organizations and attorneys which provide free legal services.

The alien was provided oral notice in the language of the time and place of his or her hearing and of the consequences of failure to appear as provided in section 240(b)(7) of the Act.

(Signature of Respondent if Personally Served) (Signature and Title of Officer)

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Attachment E

Form I-863

Notice of Referral to Immigration Judge


U. S. Department of JusticeImmigration and Naturalization Service Notice of Referral to Immigration Judge

Page 1 of 2Form I-863 (R ev. 10/24/0 2)N

Date

A-F ile

Name Country of C itizenship

Place and Manner of Arrival Date of Arrival

To immigration judge:

G 1. The above-named alien has been found inadmissible to the United States and ordered removed pursuant to section 235(b)(1) of theImmigration and Nationality Act (Act). A copy of the removal order is attached. The alien has requested asylum and/or protection under theConvention against Torture and the matter has been reviewed by an asylum officer who has concluded the alien does not have a credible fearof persecution or torture. The alien has requested a review of that determination in accordance with section 235(b)(1)(B)(iii)(III) of the Actand 8 CFR § 208.30(g).

G 2. The above-named alien arrived in the United States as a stowaway and has been ordered removed pursuant to section 235(a)(2) of the Act. The alien has requested asylum and/or withholding of removal under the Convention against Torture and the matter has been reviewed by anasylum officer who has concluded the alien does not have a credible fear of persecution or torture. The alien has requested a review of thatdetermination in accordance with section 235(b)(1)(B)(iii)(III) of the Act.

G 3. The above-named alien arrived in the United States in the manner described below and has requested asylum and/or withholding of removalunder the Convention against Torture. The matter i s referred for a determination in accordance with 8 CFR § 208.2(c). Arrival category (check

one):

G Crewmember/applicant G Crewmember/refused G Crewmember/landed

G Crewmember/violator G VWP/applicant G VWP/violator

G 235(c) order G S-visa nonimmigrant G Stowaway: credible fear determination attached

G 4. The above-named alien has been ordered removed by an immigration officer pursuant to section 235(b)(1) of the Act. A copy of theremoval order is attached. In accordance with section 235(b)(1)(C) of the Act, the matter is referred for review of that order. The above-named alien claims to be (check one):

G a United States citizen G a lawful permanent resident alien

G an alien granted refugee status under section 207 of the Act G an alien granted asylum under section 208 of the Act.

G 5. The above-named alien has been ordered removed pursuant to section 238(b) of the Act, or the Immigration and Naturalization Service(INS) has reinstated a prior exclusion, deportation, or removal order of the above-named alien pursuant to section 241(a)(5) of the Act. Acopy of the removal order and, if applicable, the notice of reinstatement, are attached. The alien has expressed fear of persecution or tortureand the claim has been reviewed by an asylum officer who has concluded the alien does not have a reasonable fear of persecution or torture. The alien has requested a review of that determination in accordance with 8 CFR §§ 208.31(f) and (g).

G 6. The above-named alien has been ordered removed pursuant to section 238(b) of the Act, or the INS has reinstated a prior exclusion,deportation, or removal order of the above-named alien pursuant to section 241(a)(5) of the Act. A copy of the removal order and, ifapplicable, the notice of reinstatement, are attached. The alien has expressed fear of persecution or torture and the claim has been reviewed byan asylum officer who has concluded the alien has a reasonable fear of persecution or torture. The matter is referred for a determination inaccordance with 8 CFR § 208.31(e).

G 7. The Commissioner of the INS has determined that the release from custody of the above-named alien who is under a final order of removalwould pose a special danger to the public according to the standards set in 8 CFR § 241.14(f)(1). The INS has therefore invoked procedures tocontinue the alien’s detention even though there is no significant likelihood that the alien will be removed from the United States in thereasonably foreseeable future. The matter is referred to the immigration judge for a review of this determination in accordance with 8 CFR§ 241.14(g).

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U. S. Department of JusticeImmigration and Naturalization Service Notice of Referral to Immigration Judge

Page 2 of 2Form I-863 (R ev. 10/24/0 2)N

NOTICE TO APPLICANT

You are ordered to report for a hearing before an immigration judge for the reasons stated above. Your hearing is scheduled on

at . You are to appear at(Date) (Time)

(Complete office address)

G You may be represented in this proceeding, at no expense to the government, by an attorney or other individual authorized and qualified torepresent persons before an Immigration Court. If you wish to be so represented, your attorney or representative should appear with you at thishearing. In the event of your release from custody, you must immediately report any change of your address to the Immigration Court on FormEOIR-33, which is provided with this notice. If you fail to appear for a scheduled hearing, a decision may be rendered in your absence.

G You may consult with a person or persons of your own choosing prior to your appearance in Immigration Court. Such consultation is at noexpense to the government and may not unreasonably delay the process.

G Attached is a list of recognized organizations and attorneys that provide free legal service.

(Signature and title of immigration officer)

CERTIFICATE OF SERVICE

G The contents of this notice were read and explained to the applicant in the language.

G The original of this notice was delivered to the above-named applicant by the undersigned on and the alien has beenadvised of communication privileges pursuant to 8 CFR 236.1(e). Delivery was made:

G in person G by certified mail, return receipt requested G by regular mail

(Signature and title of immigration officer)

Attachments to copy presented to immigration judge:

G Passport G Form I-860

G Visa G Form I-869

G Form I-94 G Form I-898

G Forensic docum ent analysis G Asylum officer’s reasonable fear determination worksheet (I-899)

G Fingerprints and photographs G Asylum officer’s credible fear determination worksheet (I-870)

G EOIR-33

G FOR 8 CFR 241.14(f) CA SES O NLY: Written statem ent includ ing sum mary of the basis for the C omm issioner’s determ ination to co ntinue th e alien in

detention, and description of the evidence relied on in finding the alien specially dangerous (with supporting docum ents attached).

G FOR 8 CFR 241.14(f) CA SES O NLY: Written notice advising the alien of initiation of proceedings and informing alien of procedures governing the

Reasonable Cause H earing at 8 CFR 241 .14(h).

G Other (specify): ___________________________________________________________________________________________

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Attachment F

Form I-870

Record of Determination/ Credible Fear Worksheet (No page # on page 1)


Department of Homeland Security U.S. Citizenship and Immigration Services Record of Determination/Credible Fear Worksheet

___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ _________________________ District Office Code Asylum Office Code Alien’s File Number Alien’s Last/ Family Name

______________________ ________________ _____________________________________ Asylum Officer’s Last Name Asylum Officer’s First

Name Alien’s Nationality

Form I-870 (Rev. 11/21/03) N Page 1

All statements in italics must be read to the applicant SECTION I: INTERVIEW PREPARATION 1.1 ___ ___/___ ___/___ ___ 1.2 _______________________________________________

Date of arrival [MM/DD/YY] Port of arrival 1.3 ___ ___/___ ___/___ ___ 1.4 _______________________________________________

Date of detention [MM/DD/YY] Place of detention 1.5 ___ ___/___ ___/___ ___ 1.6 _______________________________________________

Date of AO orientation [MM/DD/YY] If orientation more than one week from date of detention, explain delay 1.7 ___ ___ / ___ ___ / ___ ___ 1.8 ____________________________________________________________

Date of interview [MM/DD/YY] Interview site 1.9 Applicant received and signed Form M-444 and relevant pro bono list on ___ ___ / ___ ___ / ___ ___

Date signed [MM/DD/YY] 1.10 Does applicant have consultant(s)? Yes No

1.11 If yes, consultant(s) name, address, telephone number and relationship to applicant ___________________________________________________________________________________________ ___________________________________________________________________________________________

1.12 Persons present at the interview (check which apply) 1.13 Consultant(s) 1.14 Other(s), list: ______________________________________________________________________ 1.15 No one other than applicant and asylum officer

1.16 Language used by applicant in interview: _________________________________________________________ 1.17 _____________________________________ Yes No ______________ ______________

Interpreter Service, Interpreter ID Number. Interpreter Has Forms Time Started Time Ended 1.18 _____________________________________ Yes No ______________ ______________

Interpreter Service, Interpreter ID Number. Interpreter Has Forms Time Started Time Ended 1.19 _____________________________________ Yes No ______________ ______________

Interpreter Service, Interpreter ID Number. Interpreter Has Forms Time Started Time Ended 1.20 Interpreter was not changed during the interview 1.21 Interpreter was changed during the interview for the following reason(s):

1.22 Applicant requested a female interpreter replace a male interpreter, or vice versa 1.23 Applicant found interpreter was not competent 1.24 Applicant found interpreter was not neutral 1.25 Officer found interpreter was not competent 1.26 Officer found interpreter was not neutral 1.27 Bad telephone connection

1.28 Asylum officer read the following paragraph to the applicant at the beginning of the interview:

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Sticky Note

At beginning of interview APSO reads paragraph 1.28 to Applicant. At conclusion of interview the APSO reads to alien paragraph at box 3.2 on Form I870. Upon conclusion of CFI, officer prepares either a Positive Credible Fear and or a Negative Credible Fear determination.

Alien’s File Number:

Form I-870 (Rev. 11/21/03) N Page 2

The purpose of this interview is to determine whether you may be eligible for asylum or protection from removal to a country where you fear persecution or torture. I am going to ask you questions about why you fear returning to your country or any other country you may be removed to. It is very important that you tell the truth during the interview and that you respond to all of my questions. This may be your only opportunity to give such information. Please feel comfortable telling me why you fear harm. U.S. law has strict rules to prevent the disclosure of what you tell me today about the reasons why you fear harm. The information you tell me about the reasons for your fear will not be disclosed to your government, except in exceptional circumstances. The statements you make today may be used in deciding your claim and in any future immigration proceedings. It is important that we understand each other. If at any time I make a statement you do not understand, please stop me and tell me you do not understand so that I can explain it to you. If at any time you tell me something I do not understand, I will ask you to explain. SECTION II: BIOGRAPHIC INFORMATION 2.1 ________________________________________________________________________________________________

Last Name/ Family Name [ALL CAPS]

2.2 _________________________________________ 2.3 _______________________________________________

First Name Middle Name

2.4 ___ ___/___ ___/___ ___ 2.5 Gender Male Female

Date of birth [MM/DD/YY]

2.6 _________________________________________________________________________________________________

Other names and dates of birth used

2.7 _________________________________________ 2.8 _______________________________________________

Country of birth Country (countries) of citizenship (list all)

2.9 _________________________________________________________________________________________________

Address prior to coming to the U.S. (List Address, City/Town, Province, State, Department and Country).

2.10 _______________________ 2.11 _____________________ 2.12 ________________________________________

Applicant’s race or ethnicity Applicant’s religion All languages spoken by applicant 2.13 Marital status: Single Married Legally separated Divorced Widowed

2.14 Did spouse arrive with applicant? Yes No 2.15 Is spouse included in applicant's claim? Yes No 2.16 If currently married (including common law marriage) list spouse’s name, citizenship, and present location (if with applicant,

provide A-Number): __________________________________________________________________________________________

_________________________________________________________________________________________

2.17 Children: Yes No 2.18 List any children (Use the continuation section to list any additional children): Date of birth (MM/DD/YY)

Name Citizenship Present location (if w/PA, list A-Numbers)

Did child arrive with PA?

Is child included in PA’s claim?

___________ _______________________ __________________ ____________________ Yes

No

Yes

No

___________ _______________________ __________________ ____________________ Yes

No

Yes

No

___________ _______________________ __________________ ____________________ Yes

No

Yes

No

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Form I-870 (Rev. 11/21/03) N Page 3

___________ _______________________ __________________ ____________________ Yes

No

Yes

No

___________ _______________________ __________________ ____________________ Yes

No

Yes

No

___________ _______________________ __________________ ____________________ Yes

No

Yes

No

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Form I-870 (Rev. 11/21/03) N Page 4

2.19 Does applicant claim to have a medical condition (physical or mental), or has the officer observed any indication(s) that a

medical condition exists? If YES, answer questions 2.20 and 2.21 and explain below. Yes No __________________________________________________________________________________________ 2.20 Has applicant notified the facility of medical condition? Yes No 2.21 Does applicant claim that the medical condition relates to torture? Yes No

2.22 Does the applicant have a relative, sponsor or other community ties, including spouse or child already listed above?

Yes No

2.23 If YES, provide information on relative or sponsor (use continuation section, if necessary):

_____________________________________________________ ________________________________ Name Relationship

_____________________________________________________ ________________________________ Address Telephone Number

Citizen Legal Permanent Resident Other

SECTION III: CREDIBLE FEAR INTERVIEW

The following notes are not a verbatim transcript of this interview. These notes are recorded to assist the individual officer in making a credible fear determination

and the supervisory asylum officer in reviewing the determination. There may be areas of the individual’s claim that were not explored or documented for purposes of this threshold screening.

The asylum officer must elicit sufficient information related to both credible fear of persecution and credible fear of torture to determine whether the applicant meets the threshold screening. Even if the asylum officer determines in the course of the interview that the applicant has a credible fear of persecution, the asylum officer must still elicit any additional information relevant to a fear of torture. Asylum officers are to ask the following questions and may use the continuation sheet if additional space is required. If the applicant replies YES to any question, the asylum officer must ask follow-up questions to elicit sufficient details about the claim in order to make a credible fear determination. 3.1 a. Have you or any member of your family ever been mistreated or threatened by anyone in any country to which you may be returned?

Yes No _____________________________________________________________________________________

__________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ __________________________________________________________________________________________________ b. Do you have any reason to fear harm from anyone in any country to which you may be returned? Yes No

_________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ c. If YES to questions a and/or b, was it or is it because of any of the following reasons? (Check each of the following boxes that apply).

Race Religion Nationality Membership in a particular social group Political Opinion

_________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________ _________________________________________________________________________________________________

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Form I-870 (Rev. 11/21/03) N Page 5

3.2 At the conclusion of the interview, the asylum officer must read the following to applicant:

If the Department of Homeland Security determines you have a credible fear of persecution or torture, your case will be referred to an immigration court, where you will be allowed to seek asylum or withholding of removal based on fear of persecution or withholding of removal under the Convention Against Torture. The Field Office Director in charge of this detention facility will also consider whether you may be released from detention while you are preparing for your hearing. If the asylum officer determines that you do not have a credible fear of persecution or torture, you may ask an Immigration Judge to review the decision. If you are found not to have a credible fear of persecution or torture and you do not request review, you may be removed from the United States as soon as travel arrangements can be made. Do you have any questions? _________________________________________________________________________________________________ _________________________________________________________________________________________________

3.3 At the conclusion of the interview, the asylum officer must read a summary of the claim, consisting of the responses to Questions 3.1 a-c and information recorded in the Additional Information/Continuation section, to applicant.

****Typed Question and Answer (Q&A) interview notes and a summary and analysis of the claim must be attached to this form for all negative credible fear decisions. These Q&A notes must reflect that the applicant was asked to explain any inconsistencies or lack of detail on material issues and that the applicant was given every opportunity to establish a credible fear.

SECTION IV: CREDIBLE FEAR FINDINGS

A. Credible Fear Determination: Credibility 4.1 There is a significant possibility that the assertions underlying the applicant’s claim could be found credible in a full asylum or

withholding of removal hearing. 4.2 Applicant found not credible because (check boxes 4.3-4.5, which apply): 4.3 Testimony was internally inconsistent on material issues. 4.4 Testimony lacked sufficient detail on material issues. 4.5 Testimony was not consistent with country conditions on material issues.

Nexus 4.6 Race 4.7 Religion 4.8 Nationality 4.9 Membership in a Particular Social Group (Define the social group): _________________________________________________________________________

4.10 Political Opinion 4.11 Coercive Family Planning [CFP] 4.12 No Nexus

Credible Fear Finding 4.13 Credible fear of persecution established. OR 4.14 Credible fear of torture established. OR 4.15 Credible fear of persecution NOT established and there is not a significant possibility that the applicant could establish eligibility for

withholding of removal or deferral of removal under the Convention against Torture. B. Possible Bars: 4.16 Applicant could be subject to a bar(s) to asylum or withholding of removal (check the box(es) that applies and explain on the

continuation sheet): 4.17 Particularly Serious Crime 4.18 Security Risk 4.19 Aggravated Felon

4.20 Persecutor 4.21 Terrorist 4.22 Firmly Resettled

4.23 Serious Non-Political Crime Outside the United States 4.24 Applicant does not appear to be subject to a bar(s) to asylum or withholding of removal.

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Form I-870 (Rev. 11/21/03) N Page 6

C. Identity: 4.25 Applicant’s identity was determined with a reasonable degree of certainty (check the box(es) that applies):

4.26 Applicant's own credible statements. (If testimony is credible overall, this will suffice to establish the applicant’s identity with a reasonable degree of certainty).

4.27 Passport which appears to be authentic. 4.28 Other evidence presented by applicant or in applicant’s file (List): _______________________________________________ __________________________________________________________________________________________

4.29 Applicant’s identity was not determined with a reasonable degree of certainty. (Explain on the continuation sheet.) SECTION V: ASYLUM OFFICER / SUPERVISOR NAMES AND SIGNATURES

5.1 ________________________________ 5.2 ____________________________ 5.3 ___ ___/___ ___/___ ___ Asylum officer name and ID CODE (print) Asylum officer’s signature Decision date

5.4 ________________________________ 5.5 ____________________________ 5.6 ___ ___/___ ___/___ ___ Supervisory asylum officer name Supervisor’s signature Date supervisor approved

decision

ADDITIONAL INFORMATION/CONTINUATION

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Attachment G

Form I-898

Record of Negative Reasonable Fear Finding and Request for Review by Immigration Judge


U. S. Department of Justice Immigration and Naturalization Service

Record of Negative Reasonable Fear Findingand Request For Review by Immigration Judge

Form I-898 (3/22/99)

Alien File Number

__ __ __ __ __ __ __ __

1. To be explained to the alien by the asylum officer: The INS has determined that you do not have a credible fear of persecution or torture pursuant to 8 CFR 208.30 for the following reason(s):

A. You have not established a reasonable fear of persecution in your country of nationality or country of last residence because:

You have not indicated that you were harmed in the past and you have not expressed fear of future harm. There is no reasonable possibility that the harm you experienced and/or the harm you fear is on account of one or more

of the five grounds for asylum (race, religion, nationality, political opinion, or membership in a particular social group).

You have not indicated that you were harmed in the past, and there is no reasonable possibility that the harm you fear in the future constitutes persecution.

There is no reasonable possibility that you could suffer the harm you fear. AND

You have not established a reasonable fear of torture in a country to which you may be removed because you have not established that there is a reasonable possibility that:

You would suffer severe physical or mental pain or suffering. The harm you fear would be specifically intended to inflict severe physical or mental pain or suffering. The harm you fear would be inflicted by or at the instigation of, or with the consent or acquiescence of, a public

official or other person acting in an official capacity. The harm you fear would be inflicted while you are in the custody or physical control of the offender; and/or The harm you fear would not be in accordance with lawful sanctions.

B. Your claim has been found not credible because your testimony was inconsistent or lacked detail on material issues. When you were given an opportunity to explain, you were unable to give a reasonable explanation about the following issues:

Your testimony was internally inconsistent on material issues. Your testimony was not consistent with documentation on material issues. Your testimony was not consistent with country conditions on material issues. Your testimony lacked reasonably sufficient detail on material issues.

You may request that an Immigration Judge review this decision. If you request that an Immigration Judge review this decision, you will remain in detention until an Immigration Judge reviews your case. If you do not request that an Immigration Judge review the decision, you may be removed from the United States immediately.

2. To be completed by the alien: Yes, I request Immigration Judge review of the decision that I do not have a reasonable fear of persecution or torture. No, I do not request Immigration Judge review of the decision that I do not have a reasonable fear of persecution or torture.

____________________________________ ____________________________ _________________________________________________ Applicant’s Last Name/ Family Name (Print) Applicant’s First Name (Print) Applicant’s Signature

____________________________________ ____________________________ __ __ / __ __ / __ __ Asylum Officer’s Last Name (Print) Asylum Officer’s First Name, (Print) Date

The contents of this form were read and explained to the applicant in the ________________________________________ language Interpreter used: By telephone (list interpreter service /ID number used __________________________________). In person (I, _______________________________, certify that I am fluent in both the ___________________ and English languages. I interpreted the above information completely and accurately to the alien.)

____________________________ __ __ / __ __ / __ __ 34


Record of Negative Reasonable Fear Findingand Request For Review by Immigration Judge

Form I-898 (3/22/99)

Interpreter’s Signature Date

35

Attachment H

Form I-899

Record of Determination/ Reasonable Fear Worksheet


U. S. Department of Justice Immigration and Naturalization Service Record of Determination/Reasonable Fear Worksheet

___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ District Office Code Asylum Office Code Alien’s File Number

______________________ ________________ _____________________________________ Asylum Officer’s Last Name Asylum Officer’s First Name Alien’s Nationality _________________________ ___________________ Alien’s Last/ Family Name Alien’s First Name

Page 1 of 3 Form I-899 (11/5/02)

All statements in italics must be read to the applicant SECTION I: INTERVIEW PREPARATION

1.1 ___ ___ / ___ ___ / ___ ___ 1.2 _____________________________________________________________ Date of interview [MM/YY/DD] Interview site

1.3 Applicant received and signed Form M-488 and relevant pro bono list on ___ ___ / ___ ___ / ___ ___ Date signed [MM/DD/YY]

1.4 Representative name, address, telephone number and relationship to applicant:

__________________________________________________________________________________________________ 1.5 Persons present at the interview (check which apply)

Representative Other(s), list: ____________________________________________________________________________ No one other than applicant and asylum officer

1.6 Language used by applicant in interview: __________________________________________________________

1.7 ______________________________________ Yes No ___________ ___________ Interpreter Service, Interpreter ID Number. Interpreter Has Forms Time Started Time Ended



1.10 Interpreter oath completed. 1.11 Interpreter was not changed during the interview 1.12 Interpreter was changed during the interview for the following reason(s) :

1.13 Applicant requested a female interpreter replace a male interpreter, or vice versa 1.14 Applicant found interpreter was not competent 1.15 Applicant found interpreter was not neutral 1.16 Officer found interpreter was not competent 1.17 Officer found interpreter was not neutral 1.18 Bad telephone connection

1.19 Asylum officer read the following paragraph to the applicant at the beginning of the interview:

The purpose of this interview is to determine whether you should be referred to an immigration judge to apply for withholding or deferral of removal. You will be eligible for such a referral if the INS finds that there is a reasonable possibility you would be persecuted or tortured in the country to which you have been ordered removed. I am going to ask you questions about why you fear returning to the country to which you have been ordered removed, or any other country. It is very important that you tell the truth during the interview and that you respond to all of my questions. This may be your only opportunity to give such information. Please feel comfortable telling me why you fear harm. U.S. law has strict rules to prevent the disclosure of what you tell me today about the reasons you fear harm. The information you tell me about the reasons for your fear will not be disclosed to your government, except in exceptional circumstances. The statements you make today may be used in deciding your claim and in any future immigration proceedings. It is important that we understand each other. If at any time I make a statement you do not understand, please stop me and tell me you do not understand so that I can explain it to you. If at any time you tell me something I do not understand, I will ask you to explain.

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Alien’s File Number: ___ ___ ___ ___ ___ ___ ___ ___

Page 2 of 3 Form I-899 (11/5/02)

SECTION II: BIOGRAPHIC INFORMATION

2.1 ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ ___ Last Name/ Family Name [ALL CAPS]

2.2 ____________________________________ 2.3 ______________________________________________ First Name Middle Name

2.4 ___ ___/___ ___/___ ___ 2.5 Gender Male Female Date of birth [MM/DD/YY]

2.6 ________________________________________________________________________________________________ Other names and dates of birth used

2.7 ____________________________________ 2.8 ______________________________________________ Country of birth Country (countries) of citizenship (list all)

2.9 Prior address in last country in which applicant fears persecution or torture (List Address, City/Town, Province, State, Department and Country):

_______________________________________________________________________________________________

2.10 ___ ___/___ ___/___ ___ 2.11 _____________________________________________ Date of last arrival [MM/DD/YY] Port of arrival

2.12 ___ ___/___ ___/___ ___ 2.13 _____________________________________________ Date of detention [MM/DD/YY] Place of detention

2.14 Grounds provided by Deportation Officer for removal: Prior order reinstated pursuant to 241 (a)(5) of the INA Removal order pursuant to 238(b) of the INA (based on aggravated felony conviction)

2.15 ________________________ 2.16 ________________________ 2.17 ____________________________________ Applicant’s race or ethnicity Applicant’s religion All languages spoken fluently by applicant

2.18 Does the applicant claim to have a medical condition (physical or mental), or has the officer observed any indication that a medical condition (physical or mental) exists? Yes No

2.19 If YES, Explain:

____________________________________________________________________________________________________

____________________________________________________________________________________________________

____________________________________________________________________________________________________ 2.20 Does applicant indicate, or does officer believe medical condition is serious? Yes No

2.21 Does applicant request immediate attention for a medical condition, or does the officer believe applicant needs immediate attention for a medical condition? Yes No

2.22 Does applicant claim that medical condition relates to torture? Yes No

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Alien’s File Number: ___ ___ ___ ___ ___ ___ ___ ___

Page 3 of 3 Form I-899 (11/5/02)

SECTION III: REASONABLE FEAR FINDING TYPED SWORN STATEMENT IN QUESTION AND ANSWER FORMAT AND ASSESSMENT OF REASONABLE FEAR MUST BE ATTACHED TO THIS WORKSHEET. If the asylum officer finds the applicant not credible, the sworn statement must reflect that the applicant was asked to explain any inconsistencies or lack of detail on material issues. A person has a reasonable fear of persecution or torture if there is a reasonable possibility the person would be persecuted or subjected to torture. A. Credibility Determination 3.1 The applicant’s testimony was sufficiently detailed, consistent and plausible in material respects and therefore is found

credible. 3.2 The applicant’s testimony was found not credible in material respects. [Assessment must (1) identify specific

discrepancies, inconsistencies, kind of detail applicant was unable to provide, etc. (2) Summarize applicant’s explanation for the inconsistencies, inability to provide detail, etc.; and why the explanation failed to overcome reasons for finding the applicant not credible; and (3) explain how the non-credible aspects of the testimony are material to the claim.]

3.3 Material aspects of the applicant’s testimony were found credible in part and not credible in part. [Assessment must identify which material aspects were credible and which were not credible. For part of testimony found not credible, (1) identify specific discrepancies, inconsistencies, kind of detail applicant was unable to provide, etc.; (2) Summarize applicant’s explanation for the inconsistencies, inability to provide detail, etc.; and (3) Explain how the non-credible aspects of testimony are material to the claim.]

B. Reasonable Fear Determination

3.4 Reasonable Fear of Persecution Established (I-863 Box 6) [The applicant has established that there is a reasonable possibility of suffering harm constituting persecution in the country to which the applicant has been ordered removed, AND the applicant has established that there is a reasonable possibility the persecution she/he fears is on account of race, religion, nationality, membership in a particular social group, or political opinion.] Is political opinion related to Coercive Family Planning? Yes No

3.5 Reasonable Fear of Torture Established (I-863 Box 6) [The applicant has established that there is a reasonable possibility that 1) the applicant would be subject to severe pain or suffering in the country to which the applicant has been ordered removed; 2) the feared harm would be specifically intended to inflict severe physical or mental pain or suffering; 3) the pain or suffering would be inflicted by or at the instigation of, or with the consent or acquiescence of, a public official or other person acting in an official capacity; 4) the feared harm would be inflicted while the applicant is in the custody or physical control of the offender; and 5) there is a reasonable possibility that the feared harm would not be in accordance with lawful sanctions.]

3.6 No Reasonable Fear of Persecution Established and No Reasonable Fear of Torture Established (I-863 Box 5, if applicant requests review) [Assessment must explain reasons for both findings.]

ASYLUM OFFICER / SUPERVISOR NAMES AND SIGNATURES

3.7 ________________________________ 3.8 ____________________________ 3.9 ___ ___/___ ___/___ ___ Asylum officer name and ID CODE (print) Asylum officer’s signature Decision date

3.10 ________________________________ 3.11 ____________________________ 3.12 ___ ___/___ ___/___ ___ Supervisory asylum officer name Supervisor’s signature Date supervisor approved decision

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Attachment I No Form #

Monitor’s Oath in Affirmative Asylum Interview


U. S. Department of Homeland Security

MONITOR’S OATH IN AFFIRMATIVE ASYLUM INTERVIEW Alien number: ______________________________ Monitor Identification Code: ______________________________ Do you affirm that you will truthfully, literally, and fully report to the Asylum Officer any mistranslation that occurs during the course of this asylum interview? Yes No Do you affirm that you will immediately notify the Asylum Officer in this case if you become aware of your inability to monitor the asylum interview in a neutral manner on account of a bias for or against the applicant for any reason, including the applicant’s race, religion, nationality, membership in a particular social group, or political opinion? Yes No Do you affirm that you understand that all matters discussed in this interview are confidential and that you will not share what you hear during this interview with any person or entity? Yes No Telephonic affirmation witnessed by: ______________________________ ____________________________ Asylum Officer Name or Number Asylum Officer Signature Date:

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Attachment J No Form #

USCIS Asylum Program, Information Guide for Prospective Asylum Applicants


How do I apply for asylum? To apply for asylum, you will need to complete Form I-589, Application for Asylum and for Withholding of Removal, and follow the instructions carefully. Forms are avail-able online at http://www.uscis.gov/forms and also by calling the forms request line at 1-800-870-3676. What is the fee to apply for asylum? There is no fee to apply for asylum. Can I include my spouse and children on my case? Your spouse and children who are in the United States may be included on your application at the time you file or at any time until a final decision is made on your case. A child must be under 21 and unmarried to be included as a dependent on your application. You should bring these dependents with you to your asylum interview. Am I subject to security and background checks if I apply for asylum? Yes. Every individual who applies for asylum is subject to background and security checks. Depending on the results of these checks, you may be found ineligible for a grant of asylum. Will I be fingerprinted if I apply for asylum? Yes. After you have filed your asylum application, you will receive a notice in the mail with the time, date and location to have your fingerprints taken at an Ap-plication Support Center. Can I work after I file for asylum? You cannot apply for work authorization at the same time you apply for asylum. However, you can apply for work authorization if 150 days have passed since you filed your complete asylum application, excluding any delays caused by you, and no decision has been made on the application. Additionally, if granted asy-lum status, you are authorized to work as soon as your asylum case has been approved. Can I travel outside the U.S. after I file for asylum? If you must travel outside the U.S. before a final deci-sion has been made in your asylum case, you must receive advance permission, also called Advance Parole before leaving the U.S. in order to return. If you fail to obtain Advance Parole, USCIS will presume you have abandoned your application and you may be denied readmission into the U.S. Additionally, if you obtain Advance Parole and return to the country of feared persecution, USCIS may determine you have aban-doned your application for asylum unless you can provide compelling reasons for your return.

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Every year people come to the United States seeking protection because they have been persecuted or fear they will be persecuted

on account of their race, religion, national-ity, membership in a particular social

group, or political opinion. Those found eligible for asylum may be permitted to

remain in the United States.

What is asylum? Asylum is a form of protection from removal to a country of feared persecution that allows an eligi-ble refugee to remain in the U.S. and eventually to become a lawful permanent resident. Who can apply for asylum? Individuals of any nationality currently in the U.S. or who are seeking entry at a port of entry (airport, seaport, or border crossing). When must I apply for asylum? Generally you must apply for asylum within one year of your last arrival into the U.S. Exceptions may apply such as (1) changed circumstances in your home country that affect your eligibility or (2) extraordinary circumstances related to your lateness in filing. Can I apply for asylum if I am here illegally? Yes. You may apply regardless of your immigra-tion status as long as you file your application within one year of your last arrival or demonstrate that you are eligible for an exception to that rule. Can I apply if I was convicted of a crime? Yes. However, you may be barred from being granted asylum depending on the crime. Can I be barred from applying for or being granted asylum? You may be barred from applying for asylum if you previously applied for asylum and were de-nied by an immigration judge or Board of Immi-gration Appeals, if you did not apply within one year of your last arrival, or if you could be re-moved to a safe third country pursuant to a bilat-eral or multilateral agreement. You may be barred from a grant of asylum due to certain criminal activities, security-related grounds or if you have been involved in the persecution of others or are already firmly resettled in another country. Cer-tain exceptions may apply. If you are barred from applying for asylum, however, you may still be entitled to withholding of removal, another, more limited form of protection that can be granted in removal proceedings.

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Can anyone help me with my asylum interview? You may bring your own attorney or legal representative to the asylum interview at no cost to the U.S. Government.

How will I be interviewed if I do not speak English? You will be interviewed through an interpreter. USCIS does not provide interpreters. You must bring your own inter-preter to the interview. If your interpreter does not speak English sufficiently, your interview may need to be resched-uled so that you can find a more competent interpreter.

What will happen at my asylum interview? You will arrive at the asylum office for a non-adversarial interview with an asylum officer who will verify your iden-tity and ask you basic biographic questions and the reasons you are applying for asylum. Everything you say at the inter-view is confidential. It is very important that you tell the Asylum Officer your experiences in as much detail as possi-ble so that the Asylum Officer can determine whether you qualify as a refugee. A decision on your case will not be made on the same day as the asylum interview.

How does the asylum officer determine if I am eligible for asylum? The Asylum Officer will determine if you are eligible by evaluating whether you meet the definition of a refugee and are not barred from a grant of asylum based on information you provide on your application and during your interview with an Asylum Officer, as well as other information that may be available to the officer.

What happens if I am found ineligible for asylum? If you are found ineligible but hold a valid immigration status or are qualified to remain in the U.S. (based on Tem-porary Protected Status or, in some cases, parole), you will receive a notice of intent to deny your case that explains the reasons you were found ineligible. You will have the op-portunity to rebut these reasons and provide additional evi-dence to support your case. If you do not hold a valid im-migration status or are not qualified to remain in the U.S., you will be placed in removal proceedings and your case will be referred to an immigration judge who will evaluate your asylum claim anew. How do I find out the status of my case? Please contact the USCIS Asylum Office that has or will be conducting your asylum interview.

Where can I find the law? The legal foundation for asylum comes from Section 208 of the Immigration and Nationality Act. Federal regulations that explain the eligibility requirements and procedures for asylum can be found in the Code of Federal Regulations (CFR) at 8 CFR § 208.

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www.uscis.gov/asylum

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Affirmative Asylum at a Glance

STEP ONE: Asylum-Seeker Arrives in the United States An asylum-seeker is generally eligible to apply for asylum under INA § 208(a) if he or she 1) is arriving in or physi-cally present in the U.S., and 2) files within one year of arriving in the U.S. or establishes that an exception to the requirement to file within one year applies. STEP TWO: Asylum-Seeker Applies for Asylum Asylum-seeker files Form I-589, Application for Asylum and for Withholding of Removal, with the appropriate Service Center. STEP THREE: Applicant is Fingerprinted and Background Security Checks Conducted Applicants 13 years of age and older receive a notice from the Service Center to go to an Application Support Center or authorized Designated Law Enforcement Agency to have their fingerprints taken. STEP FOUR: Applicant Receives Interview Notice In most cases, an applicant will receive a notice stating the date, location, and time of the asylum interview within 21 days after the applicant submitted a complete Form I-589. STEP FIVE: Applicant is Interviewed The applicant is interviewed by an Asylum Officer at one of eight asylum offices located in Arlington, VA; Chicago, IL; Houston, TX; Los Angeles, CA; Miami, FL; Newark (Lyndhurst), NJ; New York (Rosedale), NY; and San Fran-cisco, CA or, if the applicant lives too far from an asylum office, at a district office. In the majority of cases, the applicant is interviewed within 43 days after filing, though time frames for individuals interviewed at a district office may be longer because Asy-lum officers must arrange to travel to these offices. STEP SIX: Asylum Officer Makes Eligibility Determina-tion and Supervisory Asylum Officer Reviews Decision The Asylum Officer determines whether the applicant meets the definition of a refugee in INA § 101(a)(42)(A) and if a bar from being granted asylum under INA § 208(b)(2) applies. A Supervisory Asylum Officer reviews the Asylum Officer’s decision to determine if it is consistent with the law. STEP SEVEN: Applicant Receives Decision In most cases, the applicant returns to the asylum office to pick up the decision two weeks after the interview was conducted. The applicant will generally receive the deci-sion 60 days after the filing date. Case decisions may be delayed, however, due to pending security or background checks. Longer processing times also may be required for an applicant who is currently in valid status, was interviewed at a district office, or whose case is being reviewed by Asylum Division Headquarters staff. The decision is generally mailed to the applicant in these situations.

Information Guide for Prospective Asylum Applicants

USCIS ASYLUM PROGRAM

Additional Resources

You have a right to provide your own legal representation at an asylum interview, at no cost to the United States Govern-ment. You may obtain a list of pro bono (free or reduced cost) attorneys or community-based, non-profit organiza-tions that may be available to assist you by: • Viewing our webpage that provides information on free legal advice.

• Calling the forms request line at 1-800-870-3676.

• Visiting the DOJ Executive Office for Immigration Review website at http://www.usdoj.gov/eoir.

• Contacting the asylum office or district office near your home.

Representatives of the United Nations High Commissioner for Refugees (UNHCR) may be able to assist you in identify-ing persons to help you complete your Form I-589. To con-tact the UNHCR call (202) 296-5191 or visit http://www.unhcr.org.

For more information about the topics discussed in this pamphlet , please visit:

http://www.uscis.gov/asylum or call 1-800-375-5283

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Attachment K No Form #Code of Federal Regulations, Title 8


Code of Federal Regulations, Title 8

Sec. 208.6 Disclosure to third parties. (a) Information contained in or pertaining to any asylum application, records pertaining to any credible fear determination conducted pursuant to § 208.30, and records pertaining to any reasonable fear determination conducted pursuant to § 208.31, shall not be disclosed without the written consent of the applicant, except as permitted by this section or at the discretion of the Attorney General. (b) The confidentiality of other records kept by the Service and the Executive Office for Immigration Review that indicate that a specific alien has applied for asylum, received a credible fear or reasonable fear interview, or received a credible fear or reasonable fear review shall also be protected from disclosure. The Service will coordinate with the Department of State to ensure that the confidentiality of those records is maintained if they are transmitted to Department of State offices in other countries. (c) This section shall not apply to any disclosure to: (1) Any United States Government official or contractor having a need to examine information in connection with: (i) The adjudication of asylum applications; (ii) The consideration of a request for a credible fear or reasonable fear interview, or a credible fear or reasonable fear review; (iii) The defense of any legal action arising from the adjudication of, or failure to adjudicate, the asylum application, or from a credible fear determination or reasonable fear determination under § 208.30 or § 208.31; (iv) The defense of any legal action of which the asylum application, credible fear determination, or reasonable fear determination is a part; or (v) Any United States Government investigation concerning any criminal or civil matter; or (2) Any Federal, State, or local court in the United States considering any legal action: (i) Arising from the adjudication of, or failure to adjudicate, the asylum application, or from a credible fear or reasonable fear determination under § 208.30 or § 208.31; or (ii) Arising from the proceedings of which the asylum application, credible fear determination, or reasonable fear determination is a part.

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http://onlineplus.ins/lpbinplus/lpext.dll/Infobase/slb/slb-1/slb-9960/slb-14306/slb-14855?f=templates&fn=document-frame.htm#slb-8cfrsec20830






Attachment L No Form #

Request for Dissolution of Credible Fear Process


Request for Dissolution of Credible Fear Process A Request for Dissolution of Credible Fear Process is distributed by an Asylum Pre-Screening Officer (APSO) to an alien who expresses a desire to be removed from the United States and to stop the credible fear process. If the alien signs this form, the APSO does not process the case any further. During the course of the credible fear process, an alien may express a desire to be removed from the U.S. and no longer pursue a credible fear claim. If an alien expresses such a desire to an APSO, the APSO must speak to the alien to ensure that s/he is aware of the consequences of dissolving an asylum claim, and to ascertain why the alien no longer wishes to remain in the credible fear process. The APSO must read and explain to the alien the Request for Dissolution of Asylum Claim. If, after the APSO explained the contents of the form, the alien changes his or her mind and wants to remain in the credible fear process, the APSO continues processing the alien through the credible fear process. If, however, the alien signs the Request for Dissolution of Asylum Claim, the APSO does not process the case any further. S/he refers the case to the ICE district office staff member who is responsible for the alien’s detention.

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Attachment M No Form #

Request for Dissolution of Credible Fear Process/ Declaration of Alien


Request for Dissolution of Credible Fear Process

- - DECLARATION OF ALIEN- - I, _______________________, A-number ____________________, have decided to stop pursuing protection from removal through the credible fear process, and to leave the United States as soon as travel arrangements can be made. I have made this decision freely and voluntarily based upon my understanding of the following, which was explained to me by an asylum officer: • I was placed into the credible fear process upon seeking admission to the United States, because I

expressed a fear of harm upon return my country. • I have the right to ask for protection from removal based on fear of return through the credible fear

process. • If I do not ask for protection from removal at this time, the Immigration and Naturalization Service

(INS) will either permit me to withdraw my application for admission, or issue an order of removal against me and bar me from reentering or seeking admission to the U.S. for five (5) years or more. If I have engaged in fraud or misrepresentation of a material fact, or a false claim to U.S. citizenship, I will be permanently inadmissible to the United States.

• If I change my mind at any time prior to my final departure from the United States, I can again ask

for protection from removal through the credible fear process by immediately notifying an INS officer that I wish to seek asylum, even if I stop pursuing my request for protection at this time.

• The reason that I have decided to not to ask for protection at this time is:

(A stated reason must be recorded below. Attach extra pages if necessary) _____________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________________

_________________________________ _________________________________ __________________________ Alien’s Last Name/Family Name (Print) Alien’s First Name (Print) Alien’s Signature _________________________________ _________________________________ __ __/ __ __/ __ __ Asylum Officer’s Name (Print) Asylum Officer’s Signature Date _________________________________ _________________________________ __ __/ __ __/ __ __ Supervisory Asylum Officer’s Name (Print) Supervisory Asylum Officer’s Signature Date The contents of this form were read and explained to the alien in the ____________________________ language. Interpreter Used (if any):

By telephone: (list interpreter service/ID number of interpreter) ______________________________

In person: I, _______________________________, certify that I am fluent in both the ____________________ and English languages. I interpreted the above information completely and accurately to the alien.

________________________________________ __ __/ __ __/ __ __ Interpreter’s Signature Date

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Attachment N

No Form #

Information about How to Seek Release from Detention: Parole Eligibility and Process for Certain Asylum Applicants


Information about How to Seek Release from Detention: Parole Eligibility and Process for Certain Asylum Applicants

USCIS has determined that you have a credible fear of persecution or torture.

• You may be eligible for parole (release from detention) while you await a final determination of your case.

• Your case will be referred to Immigration Court where you will file an application for asylum in front of an Immigration Judge.

The purpose of this notice is to explain how you might be released from detention. This type of release is called parole. Immigration and Customs Enforcement (“ICE”) officials are responsible for your custody. They will interview you and decide if you will be released from detention based upon your ability to satisfy the requirements described below. ICE will provide you with an interview notice, a Parole Advisal and Scheduling Notification that will tell you when you will be interviewed. If you do not receive this parole interview notice within 5 days, you should contact an ICE official in your detention location. At your parole interview, you may be represented, at no expense to the government, by an attorney or other individual who is authorized to represent persons before ICE. A list of free legal service providers has been given to you; if you cannot afford an attorney, the organizations on this list may be able to represent you. Even if you cannot find an attorney or representative, ICE will still interview you and consider your case for release from detention. Under ICE policy, you may be granted parole if you establish: (1) your identity; (2) that you are likely to appear for all scheduled hearings and enforcement appointments; and (3) that you do not present a security risk to the United States or a danger to the community. You may establish these three points through oral statements at the interview and/or documents you present before the interview. Before the interview, you should gather documents that will help you at your interview. Helpful documentation may include: 1) Identity: Documents such as a passport, national identity card or birth certificate. If you did not arrive with these types of documents, you may want to ask relatives and other people who know you to get these documents for you. If you are unable to get these documents, you may want to ask relatives and other people who know you to provide you with sworn statements confirming your identity. If ICE took your identity documents from you, the ICE officer should have these documents in your file already and you will not need to provide them. You may want to provide a list of the identification documents that should be in your file in order to be certain they are considered. 2) Appearance at Hearings and Appointments: You must show that you will appear for all immigration hearings and appointments, including reporting for removal if you are eventually ordered removed from the United States. In order to show that you will appear for all immigration hearings and appointments, you may want to provide information on your ties to the community. This could include names, addresses and relationship to family and

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community in the United States including close friends, religious groups and membership in professional societies. These are especially helpful where these individuals have legal immigration status. If there is someone who is willing to let you live with him or her, you may want to provide a letter or sworn declaration from that person and include the person’s full name, relationship to you, legal status in the United States, address and any other relevant information. 3) Security Risk: ICE will generally assess this criteria based on any evidence of past criminal history. If you have past criminal history, you may want to submit any evidence of rehabilitation you may have or other evidence showing why you do not pose a danger to the community. If you do not understand English, you may request a qualified interpreter assist you at your parole interview. Please notify ICE that you need an interpreter for your interview as soon as possible. ICE will then provide an interpreter for your parole interview at no cost to you. Within seven days of your interview, ICE will give you a written decision as to whether you will be released from detention, including any reason for denying release. If you do not receive a decision within seven days, then you should contact ICE officials at your current location. If you are denied release, you may ask for ICE to review the decision by providing additional information or documents to establish your identity, that you are likely to appear for all scheduled hearings and enforcement appointments and that you do not present a security risk to the Unites States or a danger to the community. A written request may be made for an additional review of the decision based on changed circumstances or additional information. If ICE decides to release you from detention, it is very important that you follow any conditions relating to your parole. These conditions can include the payment of a bond, certain reporting requirements, and/or enrollment in an alternative-to-detention program. Do you understand everything I have told you today? Your signature below indicates your understanding. Date: ________________________________ A Number: _________________________ Language used: ___________________________ Interpreter Service & ID No.___________________________ Signature of Applicant: ____________________________________________________________________________ Cc: A-file and applicant

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Attachment O M-488Information About Reasonable Fear Interview


U. S. Department of Justice Immigration and Naturalization Service Information about Reasonable Fear Interview

Page 1 of 2 Form M-488 (3-22-99)

Purpose of this notice The purpose of this notice is to explain what will happen while your case is being decided, what rights you have, and what may happen to you as a result of statements you make. It is important that you understand your rights and what will happen. PLEASE READ THIS NOTICE CAREFULLY. You have been ordered removed because the U.S. Immigration and Naturalization Service (INS) has determined that you do not have the right to stay in the United States. You have indicated an intention to apply for withholding of removal, or have expressed a fear of persecution, torture, or return to your country. You will be interviewed by a specially trained asylum officer to determine if you have a “reasonable fear of persecution or torture.” You may be detained both before and after the interview if the INS determines that it is appropriate to detain you. Right to consult with other persons Normally, you will receive an orientation by an asylum officer shortly after you are ordered removed. The asylum officer will explain the reasonable fear process to you, and will tell you when your interview is scheduled. Normally the interview is 48 hours after your orientation. You may use this time to find a lawyer or accredited representative who will represent you. If you need additional time, you should inform an INS officer. You may request that the interview take place sooner if you are prepared to discuss your fears or claim immediately. You may consult with a lawyer or representative of your choosing, provided that such consultation is at no expense to the government and does not delay the process. Your representative can be present with you at your interview, or can participate by telephone. A list of representatives who may be able to speak to you free of charge is attached to this notice. You may use the telephone while you are in detention to call a representative, friend or family member in the United States, collect or at your own expense. If you wish to call someone, you may ask an INS officer for assistance. You also may contact the United States Office of the United Nations High Commissioner for Refugees, at (202) 296-5191 from 9:00 a.m.-5:00 p.m. (eastern standard time), Monday through Friday. Description of reasonable fear interview The purpose of the reasonable fear interview is to determine whether you might be eligible to apply for withholding of removal or other protection before an immigration judge. This interview is not a formal withholding of removal hearing. It is only to help us determine whether you could be eligible for withholding of removal and should therefore be allowed to present your case before an immigration judge. At your interview, you will have the opportunity to explain to the asylum officer why you think you should not be returned to your home country. If you want to apply for withholding of removal or think you will be harmed, persecuted or tortured if you return to your home country, you must show an asylum officer that you have a reasonable fear of being harmed or persecuted because of your race, religion, nationality, membership in a particular social group or political opinion, or that there is a reasonable possibility that you will be tortured. The officer will take written notes. If the officer determines that you have a reasonable fear of persecution or torture in the country to which you have been ordered removed, you will be able to ask an immigration judge for withholding of removal or deferral of removal to that country, by completing a Form I-589 Application for Asylum and for Withholding of Removal and filing this with the Immigration Court. It is very important that you tell the officer all the reasons why you have concerns about being removed to the country to which you have been ordered removed. United States law provides strict rules to prevent disclosure of what you tell an asylum officer about the reasons you fear harm. The information you provide about the reasons for your fear will not be disclosed to your government, except in exceptional circumstances. It is also very important that you tell the truth during your interview. Although the purpose of this interview is not to gather evidence against you, failure to tell the truth could be used against you in this or in any future immigration proceeding.

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Page 1 of 2 Form M-488 (3-22-99)

Need for interpreter or special consideration If you do not speak English well or if you prefer to be interviewed in your own language, INS will provide an interpreter for the interview. The interpreter has been told to keep the information you discuss confidential. If the interpreter is not translating correctly or you do not feel comfortable with the interpreter, you may request another interpreter. You may request a female officer and female interpreter, or a male officer and male interpreter, if this would make it easier for you to tell the asylum officer about information that is very personal or difficult to discuss. The INS will provide them if they are available. You will also have the opportunity to speak with the asylum officer separately from your family if you so desire. Consequences of failure to establish reasonable fear and review of determination If the asylum officer determines that you do not have a reasonable fear of persecution or torture, you may ask to have an immigration judge review that decision. If you do not request such review, you may be removed. If you request review, the immigration judge’s review will be in person or by telephone or video connection. Normally, the review will happen within a few days. You may consult with your representative before the review by the immigration judge, provided it does not cause unreasonable delay. You will be given a copy of the asylum officer’s record of determination prior to the review by the immigration judge. If any of the information is incorrect, you should notify the immigration judge. The immigration judge may decide that you do have a reasonable fear and that you are eligible hearing to apply for withholding or removal. If the immigration judge agrees with the determination that you do not have a reasonable fear of persecution or torture, you may be removed from the United States.

Interpreter Certification

I (name of interpreter) certify that I am fluent in both the and English languages, that I interpreted the above information from English to completely and accurately, and that the recipient appears to have understood my interpretation.

(Signature of interpreter)

(Date)

Alien Acknowledgment of Receipt

I acknowledge that I have been given notice concerning my reasonable fear interview. I understand that I may consult with an attorney or accredited representative of my choosing prior to the interview as long as it does not unreasonably delay the process and is at no expense to the government.

(Signature of person being referred to asylum officer)

(Date)

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Attachment P Form I-869

Record of Negative Credible Fear Finding and Request for Review by Immigration Judge


Form I-869: Record of Negative Credible Fear Finding and Request for Review by Immigration Judge Form I-869 is issued by an Asylum Pre-Screening Officer (APSO) to an alien who receives a negative credible fear determination. This form explains to the alien that the APSO determined that the alien did not have a credible fear of persecution or torture and allows the alien to request review of this decision by an Immigration Judge.

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Record of Negative Credible Fear Findingand Request for Review by Immigration Judge

Form I-869 (Rev. 3/22/99)N

Alien File Number

__ __ __ __ __ __ __ __

1. To be explained to the alien by the asylum officer:

The INS has determined that you do not have a credible fear of persecution or torture pursuant to 8 CFR 208.30 for the following reason(s):

A. You have not established a credible fear of return to your country of nationality or country of last residence because:

You have not indicated that you were harmed in the past and you have not expressed fear of future harm.

There is no significant possibility that you could establish in an asylum hearing that the harm you experienced and/or the harm you fear is on account of one or more of the five grounds for asylum (race, religion, nationality, political opinion, or social group).

You have not indicated that you were harmed in the past, and there is no significant possibility that you could establish in an asylum hearing that the harm you fear is well founded.

AND

You have not expressed a fear that you would be intentionally subjected to serious physical or mental harm in a country to which you may be removed.

There is no significant possibility you could establish that the harm you fear would be inflicted by, or at the instigation of, or with the consent or acquiescence of, a government official or other person acting in an official capacity.

B. There is no significant possibility that your claim is credible because your testimony was inconsistent or lacked detail on material issues. When you were given an opportunity to explain you were unable to give a reasonable explanation about the following issues:

Your testimony was internally inconsistent on material issues. Your testimony was not consistent with country conditions on material issues. Your testimony lacked reasonably sufficient detail on material issues.

Therefore, you are ordered removed from the United States. You may request that an Immigration Judge review this decision.

If you request that an Immigration Judge review this decision, you will remain in detention until an Immigration Judge reviews your case. That review could occur as long as 7 days after you receive this decision.

If you do not request that an Immigration Judge review the decision, you may be removed from the United States immediately.

2. To be completed by the alien: Yes, I request Immigration Judge review of the decision that I do not have a credible fear of persecution or torture. No, I do not request Immigration Judge review of the decision that I do not have a credible fear of persecution or torture.

____________________________________ ____________________________ _________________________________________________ Applicant’s Last Name/ Family Name (Print) Applicant’s First Name (Print) Applicant’s Signature

____________________________________ ____________________________ __ __ / __ __ / __ __ Asylum Officer’s Last Name (Print) Asylum Officer’s First Name, (Print) Date

The contents of this form were read and explained to the applicant in the ________________________________________ language Interpreter used: By telephone (list interpreter service /ID number used __________________________________). In person (I, _______________________________, certify that I am fluent in both the ___________________ and English languages. I interpreted the above information completely and accurately to the alien.)

____________________________ __ __ / __ __ / __ __ Interpreter’s Signature Date

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Attachment Q No Form # Waiver of the 48-Hour Period


Waiver of the 48-Hour Period A-number: ___________________________ Name: _______________________________

- - DECLARATION OF ALIEN- - • I was placed into the credible fear process upon seeking admission to the United

States because I expressed a fear of harm upon return my country, or because I was unable to communicate with the inspecting officer at the time I applied for admission.

• I understand that I will be interviewed by a specially-trained asylum officer to

determine if I have a “credible fear of persecution” or a “credible fear of torture.” I also understand that I may have 48 hours to rest and consult with family members, friends or other representatives before this interview takes place.

• I request to waive the 48-hour period, and have an interview with an asylum officer at

the earliest possible time. ______________________ ______________________ ________________________ Alien’s Last Name/Family Name (Print) Alien’s First Name (Print) Alien’s Signature _________________________________ _________________________________ __ __/ __ __/ __ __ Asylum Officer’s Last Name (Print) Asylum Officer’s First Name (Print) Date The contents of this form were read and explained to the alien in the ____________________________ language. Interpreter Used (if any):

By telephone: (list interpreter service/ID number of interpreter) ______________________________

In person: I, _______________________________, certify that I am fluent in both the ____________________ and English languages. I interpreted the above information completely and accurately to the alien.

________________________________________ __ __/ __ __/ __ __ Interpreter’s Signature Date

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Attachment R No Form #Withdrawal of Request for Reasonable Fear Determination


WITHDRAWAL OF REQUEST FOR REASONABLE FEAR DETERMINATION [For an Individual Whose Prior Order has Been Reinstated, or Who Has Been Ordered

Removed by the INS Pursuant to section 238(b) of the INA]

Last Name: A-Number:

First Name: Date of Birth:

I would like to withdraw my request for protection from removal to __________________ [enter country]. I understand that, if I do not sign this withdrawal, the Immigration and Naturalization Service (INS) will decide whether I have a reasonable fear of persecution or torture. If the INS finds that I have a reasonable fear of persecution or torture, my case would be referred to an immigration judge. If the INS finds that I do not have a reasonable fear of persecution or torture, I would have the opportunity to request that an immigration judge review this determination. If the immigration judge disagreed with the INS determination, the immigration judge would then decide whether I am eligible for withholding of removal or deferral of removal to __________________ [enter country]. I understand that if I withdraw my request, no determination will be made on whether I have a reasonable fear of persecution or torture in ____________________ [enter country] and I may be returned there as soon as travel arrangements are made. I understand that, as a result of having departed the United States under an outstanding order of removal, I may be inadmissible to the United States for a period of from five to twenty years, or permanently if I have been convicted of an aggravated felony, pursuant to sections 212(a)(9)(A)(i) and (ii) of the INA.

I am represented by counsel and have discussed this matter with him or her. I am not represented by counsel. I have been given Form M-488 (Information about Reasonable Fear Interview), explaining my right to seek

protection from removal based on fear of torture or persecution.

I wish to withdraw my request for a determination on whether I have a reasonable fear of persecution or torture. I wish to withdraw for the following reason:

_____________________________________________________________________________________________

Signature Date

Printed Name

I certify that I have fully and accurately translated the contents of this document to the applicant.

Translator is unavailable for signature Signature of Translator Date

Printed Name of Translator Code

I certify that I have witnessed the translation of this document and the signing of the document by the applicant.

Signature of Immigration Officer Date

Printed Name of Immigration Officer

Signature of Counsel, if represented Date

Printed Name of Counsel (HQASM rev. 6/13/02) 63

Attachment S No Form #

Fact Sheet: Federal Regulations Protecting the Confidentiality of Asylum Applicants


Prepared by the USCIS Asylum Division Date: June 3, 2005

Fact Sheet: Federal Regulations Protecting the Confidentiality of Asylum Applicants

Synopsis The federal regulations at 8 CFR 208.6 generally prohibit the disclosure to third parties of information contained in or pertaining to asylum applications, credible fear determinations, and reasonable fear determinations—including information contained in RAPS or APSS1—except under certain limited circumstances. These regulations safeguard information that, if disclosed publicly, could subject the claimant to retaliatory measures by government authorities or non-state actors in the event that the claimant is repatriated, or endanger the security of the claimant’s family members who may still be residing in the country of origin. Moreover, public disclosure might, albeit in rare circumstances2, give rise to a plausible protection claim where one would not otherwise exist by bringing an otherwise ineligible claimant to the attention of the government authority or non-state actor against which the claimant has made allegations of mistreatment.

According to established guidance, confidentiality is breached when information contained in or pertaining to an asylum application (including information contained in RAPS or APSS) is disclosed to a third party in violation of the regulations, and the unauthorized disclosure is of a nature that allows the third party to link the identity of the applicant to: (1) the fact that the applicant has applied for asylum; (2) specific facts or allegations pertaining to the individual asylum claim contained in an asylum application; or (3) facts or allegations that are sufficient to give rise to a reasonable inference that the applicant has applied for asylum. The same principles generally govern the disclosure of information related to credible fear and reasonable fear determinations, as well as to applications for withholding or deferral of removal under Article 3 of the Convention Against Torture, which are encompassed within the asylum application. In the absence of the asylum applicant’s written consent or the Secretary of Homeland Security’s3 specific authorization, disclosure may be made only to United States government officials or contractors and United States federal or state courts on a need to know basis related to certain administrative, law enforcement, and civil actions. In some instances, interagency arrangements have been established – such as the arrangement between the former INS and the FBI -- to facilitate the proper disclosure of asylum-related information to United States agencies pursuant to the regulations. The release of information relating to an asylum application,

1RAPS is the system for maintenance of records concerning aliens who affirmatively seek asylum by applying for the benefit with USCIS. APSS is the system for maintenance of records concerning aliens referred to a USCIS asylum officer for a credible fear or reasonable fear screening determination after having expressed a fear of return to the intended country of removal because of fear of persecution or torture during the expedited removal process under INA sec. 235(b) or administrative removal processes under INA sec. 238(b) or INA sec. 241(a)(5). 2 Public disclosure alone will rarely be sufficient to establish sur place protection claims under U.S. asylum laws. The applicant would have to establish, in light of this disclosure, that he or she has a well-founded fear of persecution on account of one of the protected grounds. 3By operation of section 1512(d) of the Homeland Security Act of 2002, Pub. L. 107-296, 116 Stat. 2135, 2310, the Attorney General’s authority under 8 C.F.R. § 208.6(a) to authorize disclosure of confidential asylum information held by the former Immigration and Naturalization Service (INS)—and now held by the Department of Homeland Security (DHS)—was transferred to the Secretary of DHS.

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credible fear determination, or reasonable fear determination (including information contained in RAPS or APSS) to an official of another government or to any entity for purposes not specifically authorized by the regulations without the written consent of the claimant requires the express permission of the Secretary of Homeland Security. Code of Federal Regulations, Title 8 Sec. 208.6 Disclosure to third parties. (a) Information contained in or pertaining to any asylum application, records pertaining to any credible fear determination conducted pursuant to § 208.30, and records pertaining to any reasonable fear determination conducted pursuant to § 208.31, shall not be disclosed without the written consent of the applicant, except as permitted by this section or at the discretion of the Attorney General [now the Secretary of DHS]. (b) The confidentiality of other records kept by the [Immigration and Naturalization] Service [now DHS] and the Executive Office for Immigration Review that indicate that a specific alien has applied for asylum, received a credible fear or reasonable fear interview, or received a credible fear or reasonable fear review shall also be protected from disclosure. The Service [now DHS] will coordinate with the Department of State to ensure that the confidentiality of those records is maintained if they are transmitted to Department of State offices in other countries. (c) This section shall not apply to any disclosure to: (1) Any United States Government official or contractor having a need to examine information in connection with: (i) The adjudication of asylum applications; (ii) The consideration of a request for a credible fear or reasonable fear interview, or a credible fear or reasonable fear review; (iii) The defense of any legal action arising from the adjudication of, or failure to adjudicate, the asylum application, or from a credible fear determination or reasonable fear determination under § 208.30 or § 208.31; (iv) The defense of any legal action of which the asylum application, credible fear determination, or reasonable fear determination is a part; or (v) Any United States Government investigation concerning any criminal or civil matter; or (2) Any Federal, State, or local court in the United States considering any legal action: (i) Arising from the adjudication of, or failure to adjudicate, the asylum application, or from a credible fear or reasonable fear determination under § 208.30 or § 208.31; or (ii) Arising from the proceedings of which the asylum application, credible fear determination, or reasonable fear determination is a part. Frequently Asked Questions 1. Q: Why do the regulations protect asylum-related information from disclosure? A: Public disclosure of asylum-related information may subject the claimant to retaliatory measures by government authorities or non-state actors in the event that the claimant is repatriated, or endanger the security of the claimant’s family members who may still be residing in the country of origin. Moreover, public disclosure might, albeit in rare circumstances (see footnote #2), give rise to a plausible protection claim where one would not otherwise exist by bringing an otherwise ineligible claimant to the attention of the government authority or non-state actor against which the claimant has made allegations of mistreatment.

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http://onlineplus.ins/lpbinplus/lpext.dll/Infobase/slb/slb-1/slb-9960/slb-14306/slb-14913?f=templates&fn=document-frame.htm

http://onlineplus.ins/lpbinplus/lpext.dll/Infobase/slb/slb-1/slb-9960/slb-14306/slb-14855?f=templates&fn=document-frame.htm


2.

3.

4.

Q: Under what specific circumstances can asylum-related information be disclosed to third parties?

A: In general, asylum-related information must not be shared with third parties without the asylum applicant’s written consent or the Secretary of Homeland Security’s specific authorization. However, this general prohibition does not apply to the following limited circumstances as established by the regulations at 8 CFR 208.6: “(1) Any United States Government official or contractor having a need to examine information in connection with: (i) The adjudication of asylum applications; (ii) The consideration of a request for a credible fear or reasonable fear interview, or a credible fear or reasonable fear review; (iii) The defense of any legal action arising from the adjudication of, or failure to adjudicate, the asylum application, or from a credible fear determination or reasonable fear determination under § 208.30 or § 208.31; (iv) The defense of any legal action of which the asylum application, credible fear determination, or reasonable fear determination is a part; or (v) Any United States Government investigation concerning any criminal or civil matter; or (2) Any Federal, State, or local court in the United States considering any legal action: (i) Arising from the adjudication of, or failure to adjudicate, the asylum application, or from a credible fear or reasonable fear determination under § 208.30 or § 208.31; or (ii) Arising from the proceedings of which the asylum application, credible fear determination, or reasonable fear determination is a part.”

Q: To what extent may asylum-related information be disclosed to personnel within the Department of Homeland Security (DHS), such as the Immigration and Customs Enforcement (ICE) or Customs or Border Protection (CBP) personnel?

A: Protected asylum-related information may be disclosed to CBP and ICE, as they are not considered “third parties” for purposes of 208.6 and, therefore, requesters from those former INS components need not demonstrate a “need to examine” protected asylum information. Information may also be disclosed to offices within the direct policy and legal chains of command of DHS, such as DHS Office of General Counsel, the Office of the Undersecretary for Border and Transportation Security (BTS), Office of the Deputy Secretary, and the Office of the Secretary.

Q: If none of the regulatory exceptions applies, what information about an asylum applicant, if any, may be shared with third parties without breaching confidentiality?

A: According to established guidance, confidentiality is breached when information contained in or pertaining to an asylum application is disclosed to a third party in violation of the regulations, and the unauthorized disclosure is of a nature that allows the third party to link the identity of the applicant to: (1) the fact that the applicant has applied for asylum; (2) specific facts or allegations pertaining to the individual asylum claim contained in an asylum application; or (3) facts or allegations that are sufficient to give rise to a reasonable inference that the applicant has applied for asylum. The same principles govern the disclosure of information related to credible fear and reasonable fear determinations. They also generally apply to

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5.

6.

7.

8.

9.

10.

applications for withholding or deferral of removal under Article 3 of the Convention Against Torture, which are encompassed within the asylum application.

Q: Under the regulation’s exceptions, can asylum-related information be disclosed to state law enforcement agencies or other state agencies?

A: No. The confidentiality regulations do not allow disclosure of asylum-related information to state agencies, including state law enforcement agencies, except with the asylum applicant’s written consent or the Secretary of Homeland Security’s specific authorization. The regulations at 208.6(c)(2) do, however, allow for disclosure to state or local courts in certain circumstances.

Q: How can a United States Government official or contractor, who is seeking asylum-related information and to whom asylum-related information may be disclosed under the regulations, obtain asylum-related information from USCIS?

A: Unless there is a pre-existing interagency arrangement or protocol (such as the arrangement between the former INS and the FBI), federal agency officials or contractors should request asylum-related information about specific aliens directly from the appropriate United States Citizenship and Immigration Services (USCIS) Asylum Office Director with jurisdiction over the alien’s application. Requests for asylum-related information concerning groups of aliens that match certain identified criteria must be made to the Director of the Asylum Division of USCIS by the appropriate official in the requesting agency.

Q: If asylum-related information is properly disclosed to a third party pursuant to the regulations, what is the third party’s obligation with respect to confidentiality?

A: As the new custodian of the asylum-related information, the third-party recipient is bound by the confidentiality regulations under 8 CFR 208.6. The recipient must not disclose the asylum-related information to other parties, except pursuant to the regulations. When making an authorized disclosure of asylum-related information to a third party, USCIS officials should alert the third party to the confidentiality requirements of 8 CFR 208.6.

Q: What are the obligations of U.S. government officials or contractors who work with or are responsible for maintaining asylum-related data in U.S. government systems?

A: U.S. government officials or contractors who encounter asylum-related data in their work are bound by the confidentiality regulations under 8 CFR 208.6. These handlers of asylum-related data must not disclose the asylum-related information to third parties, except in keeping with the regulations.

Q: Are non-USCIS custodians of asylum-related information required to obtain authorization from USCIS before disclosing the asylum-related information to another party pursuant to the regulations?

A: No. However, the transmitter of information should take reasonable steps to ensure that the new recipient of information is aware of the confidentiality rules described in this document to prevent unauthorized disclosure by the new recipient. In fact, it might be prudent to provide the new recipient this document for that purpose.

Q: What is the special arrangement between the FBI and USCIS concerning the disclosure of asylum-related information?

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11.

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13.

14.

A: As established in an October 8, 2001 memorandum, the Attorney General has used his discretionary authority under 8 CFR 208.6 (now belonging to the Secretary of Homeland Security) to provide the FBI access to asylum applications filed with USCIS for the purpose of gathering foreign counterintelligence or international terrorism information unrelated to pending criminal or civil litigation. Where the request relates to a specific alien, the request should be made to the Director of the appropriate USCIS Asylum Office and be approved by the FBI Field Office Special Agent in Charge or an appropriate Assistant Special Agent in Charge. Where the request relates to an explicitly identified group of aliens, the request will be made to the Director of the Asylum Division of USCIS and be approved by the FBI Field Office Special Agent in Charge or an appropriate Assistant Special Agent in Charge.

Q: Can asylum-related information be shared with foreign governments or international organizations (such as INTERPOL)?

A: Asylum-related information cannot be shared with foreign governments or international organizations without the written consent of the asylum applicant, except at the discretion of the Secretary of Homeland Security. To date, the Secretary has exercised his discretion to permit regular sharing of asylum-related information with a foreign government only with respect to Canada. The arrangement is in the form of a Statement of Mutual Understanding on Information Sharing (SMU) and an Annex to the SMU, which together permit Canada’s Department of Citizenship and Immigration Canada (CIC) and USCIS to exchange asylum-related records on both a case-by-case and systematic basis.

Q: Why is there a special information-sharing agreement with Canada? A: Sharing information on asylum seekers was included as an initiative in the agreement signed by Attorney General Ashcroft and former Minister of Citizenship and Immigration Caplan on December 2, 2001. It is also one of the thirty initiatives included in the Ridge-Manley Smart Border Action Plan. In furtherance of this initiative, the United States and Canadian governments entered into a formal arrangement in 2003 that permits USCIS and CIC to systematically share information on individuals seeking asylum in Canada and the United States. By gaining access to this key information, USCIS and CIC will enhance their abilities to prevent abuse of the asylum process in their respective countries and to make accurate asylum eligibility determinations, thereby strengthening the integrity of both countries’ asylum systems.

Q: What is the status of the implementation of the information-sharing arrangement with Canada?

A: USCIS and CIC have already begun to share information on asylum seekers on a case-by-case basis. With regard to the systematic sharing of information, USCIS and CIC and their technical specialists are working together to develop protocols for the process of comparing and matching biometrically shared data sets.

Q: Has the Secretary of Homeland Security exercised his discretion to authorize disclosure of information to third parties in other instances (besides disclosure to the FBI and to Canada)?

A: Yes. In 2002, the Attorney General authorized the Asylum Division to disclose to the Office of Refugee Resettlement (ORR) of the Department of Health and Human Services (HHS) biographical information on individuals granted asylum to enable ORR to meet congressional

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15.

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reporting requirements and generate statistical reports used to allocate funding for asylee social benefits. In addition, in 2001 the Attorney General authorized the Asylum Division to disclose to HHS certain biographical information on asylees to enable ORR and the Center for Disease Control (CDC) to provide emergency relief to qualified asylees. The Attorney General and the Secretary have, in rare circumstances, also authorized disclosure on specific asylum seekers on a case-by-case basis for state law enforcement agencies, foreign governments, and members of Congress.

Q: May protected asylum-related information be shared with congressional offices? A: If the Chairman of a congressional committee with competent jurisdiction submits a written request for protected asylum-related information, then the requested information will generally be provided without regard to the regulation. Written requests for asylum-related by individual Members of Congress or their respective staff members will be considered on a case-by-case basis.

Q: What information can be shared with the press when the applicant has gone public with the asylum claim?

A: Because the regulation currently requires the applicant’s “written consent,” we generally do not recognize implicit waivers of confidentiality, even when the asylum-related material is a matter of public record. If you have any questions regarding these policies, please contact Ted Kim at 202.272.1615.

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Attachment T No Form #Confidentiality and Neutrality Statement


Confidentiality and Neutrality Statement

CONFIDENTIALITY & NEUTRALITY STATEMENT I, (please print your full

name), the undersigned, a subcontractor of [INSERT CONTRACTOR NAME] in the capacity of an interpreter/translator, acknowledge and agree that the content of any and all interpretations and/or translations with which I am involved is to be kept strictly confidential, as are records indicating that a specific alien has applied for asylum and/or received a credible fear or reasonable fear interview or review. I also understand and agree that:

A. I will not, in any way, disclose, divulge, discuss, or otherwise make known

to third parties the content or existence of conversations, documents or other information that I may acquire during interpretation and/or translation assignments pertaining to an application for asylum or to a credible fear or reasonable fear interview or review, unless (1) expressly required by order of a court of competent jurisdiction, (2) expressly authorized or requested by a responsible official of U.S. Citizenship and Immigration Services, or (3) expressly authorized or requested by the alien applicant or interviewee, or his or her authorized representative, in advance in writing;

B. I will maintain absolute neutrality in tone, modality, and content of my

interpretation and/or translation; and in no event will I add to, delete from, opine on, embellish, or otherwise alter the matter to be interpreted or translated;

C. If, at any time, I become aware of my inability to interpret or translate for a given alien applicant or interviewee in a neutral manner on account of bias of any kind or degree against the alien or the alien’s race, religion, nationality, membership in a particular social group, or political opinion, I will immediately notify the appropriate U.S. Citizenship and Immigration Services officer and recuse myself from providing interpretation and/or translation services in that particular case; and

D. I am ineligible to interpret or translate for U.S. Citizenship and Immigration Services if I am an official of or employed, directly or indirectly, by any government that is known to persecute individuals on account of their race, religion, nationality, membership in a particular social group, or political opinion.

Interpreter’s Notarized Signature Printed Name ________________________________ Social Security #

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Date Street Address City State Zip Code Telephone Please have this statement notarized and promptly return to: [INSERT CONTRACTOR ADDRESS]

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Attachment U Form I-730Refugee/ Asylee Relative Petition


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