A foreign national may file an Asylum application at the Port of Entry (POE) with an Asylum Officer if the person is entering the country.  This process is called expedited Asylum application.  If the Asylum Officer determines the applicant has prima facie for an Asylum application, the applicant may be “paroled” into the United States to file an Asylum application with USCIS.  If the Asylum Officer does not believe that the applicant has prima facie for Asylum, the person will be given an opportunity to withdraw the application or can be removed from the U.S. through expedited removal.  The applicant will have to prove the same qualifications as an applicant inside the United States.  Often, however, the applicant only has a story to tell.  The affidavit may be sufficient to show that the foreign national has prima facie cause for a parole into the United States while waiting to file a formal asylum application with the USCIS.  However, if the officer determines that the applicant does not have a credible story, and thus does not have prima facie for an asylum application, the applicant will be denied entry.  Because the applicant is an arriving foreign national, and not a foreign national that is inside the United States, he/she has no recourse and cannot appeal such decision.  Of course, the alternative would be to contact a U.S. Consular office abroad and apply as a refugee.  In recent years, the U.S.  Department of State changed its policy and does not allow applicants to wait outside the U.S. Consulate to file applications.  The applications must be processed by a third party bank before being forwarded to a U.S. Consulate.  Thus, a refugee application from a volatile country may not be realistic.

 

Contact the Immigration Lawyers at Garg & Associates today for more infor on expedited asylum application.