[Federal Register Volume 63, Number 55 (Monday, March 23, 1998)]
[Notices]
[Pages 13875-13877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7269]
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DEPARTMENT OF JUSTICE
Immigration and Naturalization Service
[INS No. 1916-98]
Notice of Modification of Fingerprint Process for Asylum
Applicants Facing One-Year Deadline
AGENCY: Immigration and Naturalization Service (INS), Justice.
ACTION: Notice.
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SUMMARY: The Illegal Immigration Reform and Immigrant Responsibility
Act of 1996 (IIRIRA) added a provision to the Immigration and
Nationality Act (Act) which requires that an asylum applicant must file
an application for asylum within 1 year after the date of his or her
arrival in the United States. Persons who arrived in the United States
on or before April 1, 1997, must file asylum applications on or before
April 1, 1998. The deadline to file an asylum application by an
individual arriving in the United States after April 1, 1997 is 1 year
after the date of arrival. Asylum applications filed after the deadline
will not be adjudicated unless an asylum officer or an Immigration
Judge determines the applicant qualifies for an exception due to
changed conditions or extraordinary circumstances. The public is also
reminded that this filing deadline applies only to applications for
asylum. Form I-589, Application for Asylum and for Withholding of
Removal, is an application for both asylum and withholding of removal,
and the Immigration and Naturalization Service (Service) and the
Executive Office for Immigration Review (EOIR) adjudicators will
process withholding of removal claims whether or not the asylum claim
is timely. This notice also discusses modifications to the process of
submitting fingerprints for asylum applicants who have not yet had
fingerprints taken. Applicants are encouraged to submit fingerprints
with their application if they can, but an applicant can submit his or
her application without fingerprints. The applicant will then be
instructed where and when to report to be fingerprinted. Finally, this
notice informs the public that the April 1, 1997 or the new 1998
version of Form I-589 must be used until July 1, 1998. Beginning July
1, 1998, the new 1998 version of the I-589 must be used.
FOR FURTHER INFORMATION CONTACT:
Marta Rothwarf, Office of International Affairs, Asylum Division,
Immigration and Naturalization Service, 425 I Street, NW., Third Floor
ULLICO Bldg., Washington, DC 20536, (202) 305-2900.
SUPPLEMENTARY INFORMATION: IIRIRA added a provision to the Act
requiring that an alien must file an asylum application within 1 year
after the alien's date of arrival in the United States in order to be
eligible for asylum. This provision of IIRIRA came into effect on April
1, 1997. An alien who arrived in the United States on or before April
1, 1997, must file an asylum application no later than April 1, 1998,
in order for the application to be timely. An alien who arrived in the
United States after April 1, 1997, must file an application within 1
year of the date of arrival in order for the application to be timely.
An alien who has not filed an asylum application within the 1-year
filing deadline is not eligible to apply for asylum unless the alien
can demonstrate to the asylum officer or Immigration Judge changed
circumstances which materially affect the applicant's eligibility for
asylum or extraordinary circumstances relating to the delay in filing
the application within the time limit. In accordance with 8 CFR
208.4(a)(4), changed circumstances can include changes in conditions in
the applicant's country. In accordance with 8 CFR 208.4(a)(5),
extraordinary circumstances can include events or factors beyond the
applicant's control that caused the late filing.
Some asylum applicants may be having difficulty obtaining the
necessary fingerprints. Asylum applicants are encouraged to submit
fingerprints with their applications, but, beginning immediately, an
applicant can submit his or her asylum application without
fingerprints. All other requirements for filing an asylum application
remain in effect. The Service will notify each asylum applicant who
files without submitting fingerprints where and when to report to have
fingerprints taken. Fingerprints must be taken before an asylum
application can be adjudicated, and failure to report for a
fingerprinting appointment may lead to dismissal of asylum application
or referral to an Immigration Judge.
Asylum applications are filed on Form I-589, Application for Asylum
and for Withholding of Removal. Beginning April 1, 1998, applicants
[[Page 13876]]
must file either the April 1, 1997, or the new 1998 version of the Form
I-589. Beginning July 1, 1998, asylum applicants must use the new 1998
version of the Form I-589. Form I-589 is an application for both asylum
and withholding of removal. There is no 1-year time limit for filing
for withholding of removal, so an application that is untimely as to
asylum may nevertheless be adjudicated for withholding of removal.
Dated: March 13, 1998.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.
BILLING CODE 4410-10-M
[[Page 13877]]
Appendix--Clarifying Instructions for Form I-589
[GRAPHIC] [TIFF OMITTED] TN23MR98.002
[FR Doc. 98-7269 Filed 3-20-98; 8:45 am]
BILLING CODE 4410-10-C
