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 INS ANNOUNCES REVAMPED ASYLUM PROGRAM
In a move meant to address the concern that thousands of undeserving people are using the U.S. asylum regulations as a means to obtaining work authorization, the INS announced on December 2nd that it will be reforming the program in an attempt to curb such abuses.
The new regulations will apply to any asylum application made or pending on or after January 4, 1995. The following is a summary of the major changes reflected in the new rules:
All applicants will be required to submit a new version of the I-589 to the appropriate INS Service Center with a signed original, two copies, a fingerprint card and two ADIT photos. After considerable discussion, the INS decided not to impose an application fee for asylum applicants.
Applicants may not apply for employment authorization until their application has been pending for five months. The Employment Authorization Document must then be issued within 30 days. If the application for asylum is denied during that 30 day period, the INS may deny the employment authorization application as well. Incomplete applications are to be returned to the applicant within 30 days of filing the application and the 150 waiting period for employment authorization will not begin until a complete application is received. Applicants will know when to start counting the 150 waiting period based on a receipt they will receive within three to four weeks of filing.
Persons who apply for asylum while in deportation proceedings, will no longer be able to apply for employment authorization at all.
Asylum applicants will be scheduled for interviewing within 40 to 60 days of submitting the application. Failure to appear without good cause will be considered to be a waiver of the right to an interview. Shortly after the interview (within 10 days), the applicant will be required to appear in person to hear the asylum officer's decision to grant or refer the application on for review by an Immigration Judge.
Denied applications will be immediately referred to an Immigration Judge for deportation or exclusion.
Persons who have been convicted of aggravated felony convictions are barred from applying for asylum or withholding of deportation.
The INS, in the future, will have discretion to deny applications where a "safe third country" is available where the applicant can be deported or returned without facing persecution and where the applicant would have access to fair asylum procedures. The US must have a bilateral or multilateral agreement with the third country first, and the U.S. has no such agreements at this time.
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