The asylum process in the United States has undergone significant changes with the introduction of new procedures that many asylum seekers find confusing and overwhelming. If you have recently completed a credible fear interview and learned about something called an “Asylum Merits Interview,” you may have questions about what this means for your case. We understand how stressful these developments can be when you are already dealing with the trauma of leaving your home country and starting over in an unfamiliar place.
At Getachew & Ansari Immigration Attorneys, P.C., we have been helping clients navigate asylum law changes since the new rules took effect in 2022. This article will explain the Asylum Merits Interview process, who qualifies for this procedure, and how you can prepare for the best possible outcome.
What Is the Asylum Merits Interview Process?
The Asylum Merits Interview (AMI) represents a new pathway for certain asylum seekers to have their cases decided by United States Citizenship and Immigration Services (USCIS) asylum officers rather than immigration judges. This process was established under the Credible Fear and Asylum Processing Interim Final Rule, which became effective on May 31, 2022.
The primary goal is to address the massive backlog in immigration courts that has left asylum seekers waiting years for resolution. Under the previous system, individuals who received positive credible fear determinations were typically referred directly to immigration court, where they often waited several years for a final decision. The new AMI process aims to reduce these wait times from years to months for eligible cases.
During an AMI, a USCIS asylum officer conducts a non-adversarial interview to determine whether an individual qualifies for asylum protection. Unlike immigration court proceedings, there is no government attorney present arguing against the applicant’s case.
Who Qualifies for an Asylum Merits Interview?
The AMI process applies to a specific group of asylum seekers. The rule applies prospectively to adults and families who were placed in expedited removal proceedings after May 31, 2022, and who indicated an intention to apply for asylum or expressed a fear of persecution or torture. The rule does not apply to unaccompanied children.
To be eligible for an AMI, you must have received a positive credible fear determination from a USCIS asylum officer, and USCIS must have decided to retain your case for further consideration rather than referring it directly to immigration court.
Currently, AMIs are only available in certain cities: Annandale, Virginia/Washington, D.C.; Boston, Massachusetts; Chicago, Illinois; Los Angeles, California; Miami, Florida; New Orleans, Louisiana; New York, New York; Newark, New Jersey; and San Francisco, California. You must have indicated an intention to reside in or near one of these cities to be considered for the AMI process.
How Does the AMI Timeline Work?
The AMI process follows a compressed timeline that requires careful preparation. Your AMI will be scheduled to take place no earlier than 21 days and no later than 45 days after your positive credible fear determination, unless there are exigent circumstances. This represents a dramatic acceleration compared to traditional asylum proceedings.
The record of your positive credible fear determination automatically becomes your asylum application, and the date you received your positive credible fear determination serves as your filing date. You do not need to submit a separate Form I-589, Application for Asylum and for Withholding of Removal.
However, you have an opportunity to supplement your case with additional evidence or corrections. You must submit any amendments to your credible fear interview record or additional evidence no later than 7 calendar days before your scheduled AMI if submitting in person, or no later than 10 calendar days before if submitting by mail.
What Happens During an Asylum Merits Interview?
The asylum officer will conduct the interview in a non-adversarial manner, meaning the atmosphere should be less intimidating than a courtroom setting. The officer will begin by verifying your identity and the identity of any spouse or children included in your application, then proceed to ask biographical questions and questions about the reasons you are seeking asylum.
The officer will review the record from your credible fear interview and ask follow-up questions to better understand your claim. They will inquire about any persecution you experienced or fear you have of returning to your home country, and they will also ask questions to determine whether any legal bars to asylum might apply to your case.
The asylum officer will consider your eligibility for asylum as well as potential eligibility for withholding of removal or protection under the Convention Against Torture, based on the evidence presented to USCIS.
What Are the Possible Outcomes After Your AMI?
There are two primary outcomes following your Asylum Merits Interview. If the asylum officer determines that you qualify for asylum, you will receive a grant letter informing you of your new status and the benefits that come with it. This grant typically extends to your spouse and unmarried children under age 21 who were included in your application.
If the asylum officer does not grant asylum, you will receive written notice explaining the decision. Following a negative decision, you will receive a Notice to Appear for streamlined removal proceedings before an immigration judge, giving you another opportunity to present your asylum claim.
Understanding Streamlined Removal Proceedings
If your asylum claim is not granted during the AMI, you will not be immediately removed from the United States. Instead, you will have another opportunity to seek protection through streamlined removal proceedings before an immigration judge.
Streamlined removal proceedings follow an accelerated timeline. Your initial master calendar hearing will be scheduled between 30 and 35 days after you receive your Notice to Appear. A status conference will follow between 30 and 35 days after the master calendar hearing, and if necessary, a merits hearing will take place between 60 and 65 days after the master calendar hearing.
In streamlined removal proceedings, you do not need to file a new Form I-589 with the immigration court. The written record of your positive credible fear determination serves as your application for asylum, withholding of removal, and CAT protection. The complete record from your credible fear interview and AMI will be transferred to the immigration court for the judge’s review.
How to Prepare for Your Asylum Merits Interview
Given the compressed timeline of the AMI process, effective preparation is essential. Begin by carefully reviewing the record of your credible fear interview to identify any errors, omissions, or areas that need clarification. This review should happen as soon as possible to ensure you meet the deadline for submitting amendments or additional evidence.
Gather any supporting documentation that was not available during your credible fear interview. This might include medical records documenting injuries from persecution, police reports, country condition evidence, or witness statements from people who can corroborate your experiences.
Consider seeking legal representation if you have not already done so. An experienced asylum attorney can help you identify the most important evidence for your case, prepare you for the types of questions you may face, and ensure your story is presented clearly within the limited timeframe.
Practice articulating your asylum claim in a clear, chronological manner. While the AMI is non-adversarial, you still need to effectively communicate the persecution you faced and your fear of returning to your home country.
The Importance of Legal Representation
The compressed timeline and high stakes of the AMI process make qualified legal representation particularly valuable. An experienced asylum attorney can quickly assess your case and develop a strategy for presenting your claim most effectively within the limited preparation time.
Legal counsel can also prepare you for your interview by explaining the types of questions asylum officers typically ask and helping you practice presenting your story in a compelling way. If your case is not granted at the AMI level, your attorney can immediately begin preparing for streamlined removal proceedings.
Employment Authorization During the AMI Process
To apply for employment authorization, you must file Form I-765, Application for Employment Authorization, following the same general procedures that apply to other asylum cases. You may file this application 150 days after your asylum application filing date, and you generally become eligible for employment authorization 180 days after filing.
If your case proceeds to streamlined removal proceedings after an unsuccessful AMI, you may continue to be eligible for employment authorization based on your pending asylum case before the immigration judge.
Recent Developments in AMI Implementation
The AMI process continues to evolve as USCIS gains experience with implementation and gradually expands its capacity. A significant development occurred in October 2023 when USCIS began including certain non-detained family units in the AMI process, recognizing the importance of keeping families together throughout the asylum process.
Implementation continues in a phased manner, with USCIS building operational capacity over time. This suggests that the AMI process may expand to additional locations and cover more cases in the future.
Contact an Experienced Asylum Lawyer at Getachew & Ansari Immigration Attorneys, P.C.
The Asylum Merits Interview process under the new USCIS rules presents both opportunities and challenges for asylum seekers. While the expedited timeline can lead to faster protection for those who qualify, the compressed schedule makes thorough preparation and experienced legal guidance more crucial than ever. We understand that facing an AMI can feel overwhelming when you are already dealing with the stress of establishing a new life in the United States.
At Getachew & Ansari Immigration Attorneys, P.C., we have extensive experience helping clients navigate complex asylum procedures, including the evolving AMI process. Our team has successfully represented clients in hundreds of asylum cases over more than two decades, and we stay current with the latest developments in asylum law. Attorney Medya Ansari brings both professional expertise and personal understanding to this work, having experienced her own immigration journey to the United States and understanding firsthand the challenges that accompany seeking protection in a new country.
If you have received a positive credible fear determination and are facing an upcoming Asylum Merits Interview, time is critical. Contact our team today at 408-292-7995 to schedule a consultation where we can discuss your case and explain how we can help you pursue the protection you deserve. You can also reach us through our contact page or learn more about our experience on our about page. Remember that you do not have to face this process alone, and with proper preparation and skilled legal representation, you can present the most compelling case possible for your safety and future in the United States.
