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Asylum - Frequently Asked Questions

31.

What is a conditional grant of Asylum?

You will receive a conditional grant of Asylum if you are found eligible for Asylum based on past persecution or a well founded fear of persecution solely on account of resistance to a coercive population control (CPC) program.

  • A maximum of 1,000 applicants per year may be granted Asylum or admitted as a refugee under this ground. You will be put on a waiting list to receive a CPC authorization number
  • You will not receive a final grant of Asylum until a CPC authorization number becomes available. There is currently a several year waiting period
  • Before a final grant of Asylum can be issued, you will need to be re-fingerprinted since the results of your confidential background check will most likely have expired by the time that a CPC number is available in your case
32.

What is a notice of intent to deny Asylum?

You will receive a Notice of Intent to Deny if you are currently in valid status and found ineligible for Asylum. You will have 16 days to provide a response to the letter. The Asylum Officer will then either approve or deny the claim.

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33.

What is a final denial of Asylum?

You will receive a final denial of your Asylum claim if you received a Notice of Intent to Deny (NOID) and either did not provide a response to the letter within 16 days, or the Asylum Officer determined that the evidence or argument you provided failed to overcome the grounds for denial as stated in the NOID.

34.

What does it mean to be referred to Immigration Court?

This means that the Asylum Officer was unable to approve your Asylum application and you are not currently in valid status.

  • You will receive charging documents that place you in removal proceedings in Immigration Court
  • Your Asylum application will be referred to the Immigration Court for an Immigration Judge to decide during the removal proceedings
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