Asylum Liaison Meeting Questions and Answers
January 19, 2006
Seattle, WA
1. Does the asylum office have any new procedures or recommendations to share with AILA members?
All emails and written inquiries should be accompanied by a G-28. Often emails that are not accompanied by a scanned G-28 will not be responded to. Also, a paper inquiry should be sent in addition to the email, and note of the written inquiry should be noted in the email.
The asylum office recommends that attorneys submit the asylum declaration at least two weeks prior to the interview date that so that the interviewing officer can review it prior to the interview. Feel free to to verify that documents have made it into the file. However, the office recommends that attorneys do not send originals. Originals should be brought to the interview.
Also, for those unfamiliar with some of the lingo, the SFAO uses the following codes for certain cases:
ABB = Salvadoran and Guatemalan applicants who have not filed for NACARA, and have not received EAD. SFAO focused on these cases in 2005.
ABQ = Salvadoran and Guatemalan applicants who applied for EAD in the last 3 years, but have not filed for NACARA. SFAO focused on these cases in 2004.
ABX = Individuals from Salvador and Guatemala who were not ineligible for ABC benefits.
ABZ = Individuals who showed up at ABB/ABQ interview and were found eligible for NACARA as ABC class members. They have 60 days to file NACARA application, and if they fail to file, asylum interviews will be scheduled. If you have an ABC class member who is NACARA eligible, SFAO asks that you file your application now, even if some parts of it are incomplete (e.g. conviction records, taxes).
Fingerprinting
2. During the fingerprinting of all asylum applicants this past year, a number of applicants were turned away due to over-capacity at the ASC.
(a) If an applicant has yet to receive a new fingerprint appointment notice, should he or she take any affirmative action to complete the fingerprinting process?
No. No action is needed.
EAD Issue
3. A member reports that his client was denied a renewal EAD for failure to attend his asylum interview. This client, however, had requested a timely reschedule as extraordinary circumstances prevented him from attending his scheduled interview.
(a)What is the process by which the SFAO makes a finding of “failure to attend” and how can this be reviewed if it appears to be in error?
The office holds onto the file for fourteen days after an applicant fails to appear for his hearing. If during those fourteen days an applicant reasonably explains his failure to appear, the case may be rescheduled.
(b)Will the SFAO work with the NSC to ensure that an EAD renewal is issued when a client has rescheduled his interview in a timely manner and for good cause?
SFAO does handle EAD issue for asylum cases but will assist NACARA applicants with their queries.
Rescheduling Requests
Motions to Reopen
4. A member reports that in Septemberseveral asylum cases were deemed abandoned and closedfor failure to appear at an interview. However these applicants had made a written request to reschedule for reasons such as to obtain counsel or gather additional documentation to update the application. The requests to reschedule were sent by certified or express mail and were received by the SFAO in advance of the scheduled interviews. The member reports that no response has been made to subsequent requests to reopen, and no other action has been taken, such as the filing of an NTA.
(a) What are the criteria for granting a request to reschedule an asylum interview?
A first request for a reschedule is likely to be granted. The request must be for good cause, such as need to retain counsel or out of the country. The office is unlikely to grant a third or subsequent reschedule request.
If it is a NACARA case, SFAO will not reschedule if an applicant was convicted of a crime during the good moral character period.
(b) How long does it take the SFAO to respond to a motion to reopen an asylum case?
I don’t know.
(c) What is the process and what are the criteria for reopening an asylum case?
If it was closed for failure to attend the interview, it will be reopened if good cause exists to justify the no-show. All Motions to Reopen should be sent to Emilia Bardini.
If a Notice to Appear has already been filed with Immigration Court, then the applicant and attorney must contact District Counsel to see if they will agree to send the case back to our office.
Seattle Office Case Load
5. How often are asylum officers in the Seattle office? What progress is being made towards eliminating the backlog of pending asylum cases? In general, how long is it taking newly filed cases from the Seattle area to be interviewed?
This year officers will be in the Seattle office 1-2 weeks every month. Usually 1-2 officers will be in the Seattle office. I have no information regarding the backlog of cases. First priority is new cases. The SFAO has had a lot of staff turnover recently, but has also hired a number of new officers.
Requesting an Interview
6. A member reports that she has requested by email numerous times that a client be scheduled for her asylum interview. This client’s asylum application has been pending for more than three years.
(a) What is the most effective way to request that a client be interviewed?
Attorneys should contact the office and provide the reasons why a case should be scheduled. If there are medical reasons why a case should be interviewed soon, highlight the medical reasons and provide proof. Email this request with an attached scanned G-28, and note in the email that a paper request will be sent by mail.
Post-Interview
7. Could you please give us a description of how cases are processed after the interview? How long does it take to process a recommended approval?
Individual officers have a two-week period within which to make a determination in the case after the interview is completely. The time period is often longer however for circuit-ride caseloads such as Seattle.
There are three security checks that must be completed prior to final decision: (1) database check (2) name check and (3) fingerprint check.
A recommended approval will be sent out if a case is going to be approved but a name check is pending with the FBI.
It is not uncommon for name checks to take one year, especially for cases with aliases or multiple names. (E.g. Juan Gonzales Hernandez – name check must check all combinations).
If you have not received either a denial or a recommended approval for more than 3 months following the interview, contact , include a scanned copy of the G-28, and send a paper copy via the mail.
8. Can you estimate how many cases are being delayed because of an FBI name check delay, and what is the average time for it is taking for names to clear?
SFAO is aware of some cases pending a year or more. As the namecheck is performed by the FBI, SFAO is unable to estimate how long a case can be pending a namecheck. .
9. What is the best way for an attorney to follow up on a case where no decision has been made for some time post interview?
For NACARA cases contact . For asylum cases contact , with scanned G-28 and a paper copy through the mail.
Additional Questions:
10. A member reports that she has been trying with little success to get information about a client’s case. The case has been pending since 1993 and the client was interviewed in 2004. Who in the office should she contact for information on this case? Is this normal?
No this is not normal. We do get a large number of emails, and if a G-28 is not attached they will likely not be responded to. She should contact Emilia Bardini.
11. What happens to applicants who get a NACARA screening but do not apply for NACARA – when will they get an asylum interview?
The case will be scheduled for an asylum interview.
12. What is the policy and practice regarding arrests of applicants with final orders when they appear for interviews? Besides a person with a final order, are there any other circumstances where an applicant might be arrested at an interview?
About 30% of NACARA applicants have outstanding final orders or warrants. We do not have a practice of arresting people at their interviews. We have only done so a limited number of times when we judged that the person is a danger to the community. These cases concerned child molestation, domestic violence and murder.