February 4, 2014
- Ashley Ham Pong, Supervising Attorney
On January 27, 2014, U.S. Citizenship and Immigration Services (USCIS) updated its policies regarding the adjudication of asylum applications that require USCIS Headquarters review. The new memo is the first since 2007 to revise the categories of asylum applications that require Headquarters review. This update is very exciting for CAIR Coalition, as Headquarters review has often meant that applicants wait upwards of six months to one year for a response. Among the many changes, two in particular stand out for CAIR Coalition and significantly impact the people we serve.
In particular, the memo changes USCIS's policies for applications filed by “juveniles,” meaning an applicant under 18 years of age or an unaccompanied immigrant child. According to the new policies, the asylum office may now grant asylum to a juvenile without first referring the case to Headquarters. In CAIR Coalition's experience, this could mean a child may be able to expect normal processing times of approximately two weeks for a positive decision. However, USCIS Headquarters will continue to review certain categories of applications brought by juveniles, including those referred to immigration court and denials. Fortunately for many of CAIR Coalition's young immigrants who qualify for asylum, this quick turnaround means they can move on with their new lives in the U.S. and focus on day to day activities like school and sports.
Additionally, USCIS has removed cases involving gender-based claims for asylum from the list of cases requiring Headquarters review. This is also very exciting news for CAIR Coalition, whose staff frequently advocate for individuals who fear physical harm and persecution in their home countries on account of violence they have suffered because of their gender. Although Headquarters has been reviewing gender cases for 15 years, USCIS is confident that its officers feel comfortable applying the analysis in determining whether someone has met the burden under this protected ground. This quicker turnaround will allow some applicants, many of whom are women who fled their country with young children, to gain stability and protection for themselves and their families in the U.S.
Nevertheless, USCIS Headquarters will continue to review cases that fall under any other category that requires its review. As such, juvenile cases or gender-based cases may still fall under another category requiring Headquarters review, such as certain cases involving the terrorism related grounds of inadmissibility – a broad category that often impacts individuals with no connection to terrorism, persecutor-related issues or national security concerns. If USCIS Headquarters review is required, the asylum office may take several months to render a decision.
The memo is available on the USCIS website here.
