Asylum may be granted to people already in the United States and are unable or unwilling to return to their home country because of persecution or a well-founded fear of persecution because of race, religion, nationality, membership in a particular social group, or political opinion.
Types of Asylum Decisions
After applying for asylum, the individual will receive one of these decisions:
- Grant of Asylum.
- Referral to an Immigration Court.
- Recommended Approval.
- Notice of Intent to Deny.
- Final Denial.
Grant of Asylum
If an individual is eligible for asylum status, the person will receive a letter and completed Form I-94, Arrival Departure Record, indicating that asylum status in the United States has been granted. This grant of asylum includes the person’s spouse and minor children if:
- They were present in the United States.
- They were included in the asylum application.
- A qualifying relationship to them was established.
Referral to an Immigration Court
If the asylum application is not approved, and the person is in the United States illegally, the asylum case will be referred the Immigration Court. A referral is not a denial, but it needs further review. A letter of explanation and Form I-862 will be sent to the applicant if the asylum claim cannot be approved. The applicant will receive the date and time to appear in court.
After an approval has been issued due to pending security checks, permission to work in the United States may be obtained by filing Form I-765, Application for Employment Authorization. Upon receiving the results of the required security checks and clearance has been approved, the recommended approval will be changed to a grant of asylum.
Notice of Intent to Deny
The applicant may receive a Notice of Intent to Deny (NOID) if he has valid legal status in the United States but found ineligible for asylum. The NOID will state the reason(s) the applicant is ineligible for asylum. In 16 days an explanation in writing must be submitted to say either why the claim should be granted or submit new evidence to support the claim, or both. If you do not to respond within 16 days, your asylum claim may be denied. If a timely response is received, the asylum officer will carefully consider the response or new evidence, or both and then make a final decision to approve or deny the claim. If the claim is approved, the officer will issue a grant of asylum; if the claim is denied, the officer will issue a final denial.
A notice of intent to deny (NOID) and a final denial letter is sent if: The NOID gets no response within 16 days or the submitted response failed to overcome the reasons for denial stated in the NOID. Application may be submitted again showing changes in circumstances that affect the eligibility for asylum.