Changes in the asylum process
JUN 01, 2022

On March 24, the administration of President Biden announced a new rule for asylum proceedings, which will come into effect on May 31, 2022. In today's blog, we will be explaining what this rule consists of.

The current processing time of an asylum process is years. Currently, asylum seekers can wait between 3 to 5 years to obtain a hearing before an immigration judge to present their case, which has created a backlog in the processing of asylum applications. To help with this backlog, President Biden's administration has enacted this new rule.

In the first place, the new rule establishes that the processes of "expedited removal" or expedited deportation procedure at the border points will come into effect, and the officers at the different ports of entry will be able to listen to asylum requests and adjudicated them. In the event that the immigration officer does not proceed to adjudicate the petition, the claimant may request that his/her case be heard by an immigration judge. The new rule establishes the creation of a new appellate court division at the border to handle this type of procedures.

The new rule also establishes that, once the asylum application is filed, instead of being immediately sent to the courts, as is currently being done, it will first be sent to a USCIS officer, who will proceed to conduct an interview, to hear the basis of the request. In this interview, which will be of a non-adversarial nature, the petitioner will be able to present all his/her evidence, and his/her story, and the immigration officer will be able to make the decision to adjudicate the asylum request or not. This interview must take place during the first ninety (90) days after the presentation of the asylum request.

As in the case of expedited deportation procedures, in the event that the asylum request is denied by the USCIS officer, the claimant may present his/her case before an immigration judge so that it can be resolved. This hearing before the immigration judge can take place in as soon as ninety (90) days, thus eliminating the long waiting times for the adjudication and processing of asylum claims.

In general, this new rule will help with the delay in asylum proceedings, making the procedure more expeditious and resolving requests in less time than the current one.

The asylum petition is an extremely complex process that requires technical knowledge and handling of evidence to achieve a positive resolution. If you need help with your asylum process, do not hesitate to contact us. At Y. Morejon Attorney, PA, we can help you. Here, your problem is our problem.

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