Asylee and Refugee Tips and Updates

Asylee and Refugee Tips and Updates

Presenters Sarah Bronstein, San Francisco, CA Jennie Guilfoyle, Washington, DC 2

I-730s Previously undisclosed spouse or child Explain, explain, explain! Detailed explanation by applicant Substantiate bona fides of relationship 3

I-730s Determining who is a principal refugee Biodata sheet Lists principal as relationship: PA. Local agency that resettled should have received prior to family s arrival in U.S. 4

I-730s DNA Testing CIS does NOT want unsolicited tests Can include request with initial I- 730 that CIS RFE for a DNA test No time extensions on RFEs CIS can do Service Motion to Reopen if results arrive after RFE deadline 5

I-730s Beneficiary who enters the U.S. but not via approved I-730 Needs to get I-94 indicating derivative status Make InfoPass at local office; or contact NSC/TSC 6

Two-Year Filing Deadline Hard to get filing deadline extended No case examples from USCIS Will need strong evidence of why I-730 not filed by deadline Tip: Red Cross International Tracing Service Restoring Family Links 7

Asylee Adjustment Changed country conditions since asylum grant? Statutory requirement NSC and TSC don t consider as part of adjudication process 8

Adjustment Travel back to country of persecution Not issue for refugees Can raise issues for asylees about whether or not they continue to meet definition of refugee 9

Waivers Submission of I-602s necessary? NSC/TSC have authority to grant some waivers w/o I-602 submission Fraud, entry w/o inspection NSC/TSC adjudicate few I-602s NSC recommends waiting for RFE before filing I-602 10

Policy on Criminal Issues Cases with any criminal issues generally sent to district office for interview and adjudication 11

Health-Related Inadmissibility Won t ask for waiver Will wait until applicant no longer inadmissible for health-related reason 12

Terrorism-Related Grounds 212(a)(3)(B) covers: Engaged in terrorist activity Are engaged/likely to engage in terrorist activity after entry Incited terrorist activity Representatives/members of terrorist organization Endorsed/espoused terrorist activity Military-type training from terrorist organization Spouse/child of above 13

TRIG Scope [T]he statutory language is breathtaking in its scope. Matter of S-K-, 23 I&N Dec. 936, 948 (BIA 2006) Congress s definition of terrorist activity sweeps in not only the big guy, but also the little guy who poses no risk to anyone. McAllister v. Attorney General, 444 F.3d 178, 191 (3d Cir. 2006)

Terrorist Activity Highjacking or sabotage of any vehicle Seizing, detaining, threats to kill anyone to compel someone else to act/not act Violent attack on internationally protected person Assassination Use of biological, chemical, nuclear arms Use of explosive, weapon, firearm or other dangerous device, with intent to endanger, directly or indirectly, the safety of one or more individuals or cause substantial damage to property 15

Engage in Terrorist Activity Commit, or incite to commit, terrorist activity Prepare or plan terrorist activity Gather info on targets for t.a. Solicit funds or things of value for Terrorist activity Terrorist organization 16

More Ways to Engage in T.A. Solicit individual To engage in t.a. or join terrorist org Material support (incl safe house, transport, communications, funds, other material financial benefit ) for: Commission of terrorist activity Individual planning to commit terrorist activity Terrorist organization, member of terrorist organization 17

Terrorist Organization Tier I: Foreign Terrorist Organizations http://www.state.gov/j/ct/rls/other/des/123085. htm Tier II: Terrorist Exclusion List http://www.state.gov/j/ct/rls/other/des/123086. htm Tier III: group of two or more individuals, whether organized or not, which engages in, or has a subgroup which engages in [ terrorist activities ] 18

Exemptions DHS Secretary has authority to issue exemptions for all TRIG except: Persons whom there are reasonable grounds to believe are engaged in or likely to engage in "terrorist activity ; Members, reps of Tier I, II groups; Voluntarily, knowingly engaged, endorsed or espoused "terrorist activity" on behalf of a Tier I, II group; and Persons who voluntarily and knowingly received military training from Tier I or II group 19

Exemptions Thus Far Duress material support to Tier I/II/III terrorist organizations; Solicited members or funds for terrorist org Received military-type training on behalf of a terrorist organization Voluntary Medical Care Group Exemptions 20

TRIG Processes NSC/TSC have officers trained in TRIG issues Tier III determinations not made solely by one adjudicator TRIG Working Group at USCIS Headquarters 21

Making TRIG Inquiries No uniform process for informing applicants of TRIG holds scopsscata@dhs.gov trigquery@uscis.dhs.gov 22

TRIG Hold Policy Inadmissible under TRIG based on voluntary activities for Tier III group not covered by an exemption; Inadmissible for activity or association under duress (other than material support, solicitation, MTT) with Tier I or II org; Spouse or child of individual in either of above 23

What If You Have a TRIG Issue? Before application filed Screening for TRIG After application filed Case on hold 24

Matter of D-K- 25 I&N Dec 761 (BIA 2012) http://www.justice.gov/eoir/vll/intdec/vol25/ 3747.pdf Unadjusted refugees in proceedings must be charged under 237 (grounds of deportability) not 212 (grounds of inadmissibility) No need for finding of inadmissibility before refugee put into proceedings 25

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