USCIS Hold on Asylum and Benefit Applications from High-Risk Countries

The U.S. Citizenship and Immigration Services (USCIS) has issued a policy memorandum, implementing indefinite policy changes to the processing of asylum applications and benefit requests from certain countries. The policy directs USCIS personnel to place holds on certain pending applications and conduct comprehensive reviews of previously approved cases. Key provisions of this policy and its impact on affected individuals are explained here.

Asylum Application Hold

The memorandum directs the USCIS to place a hold on all pending applications for asylum and for withholding of removal (form I-589), regardless of the applicant’s country of nationality. This means all asylum applications currently pending will undergo a comprehensive review before adjudication can proceed.

Pending Benefit Request Hold

The USCIS has also implemented a hold on all immigration benefit requests for individuals from countries listed in Presidential Proclamation 10949. This proclamation identifies 19 high-risk countries and applies restrictions on entry for nationals of those countries.

Review of Prior Application Approvals

The USCIS will conduct comprehensive re-reviews of benefit requests that previously were approved for individuals from the 19 high-risk countries who entered the United States on or after 20.Jan.2021. This re-review process may include interviews or re-interviews to assess national security and public safety concerns.

The USCIS will conduct individualized, case-by-case reviews to assess benefit eligibility. The agency may review an individual for any affiliation or involvement with terrorist activity or individuals or organizations that ostensibly pose security concerns or are otherwise in violation of the law. The USCIS may also re-review individuals who have criminal conduct histories or are unable to establish their identity as required. Non-waivable interviews may be required as part of the review process.

Conclusion

The new USCIS policy may present significant challenges or delays for affected individuals. Individuals with questions or concerns about their particular circumstances are encouraged to consult with a qualified immigration attorney. The Murthy Law Firm is available to assist individuals during these uncertain times.

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