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USCIS updates its policy manual with guidance on terminating asylee status at adjustment of status

  1. Date Announced

    Aug. 21, 2020

    USCIS updates its policy manual with procedures by which USCIS officer adjudicating an asylee’s adjustment of status application may identify a basis for terminating the applicant's asylum status, including that USCIS may terminate asylum status if USCIS or legacy Immigration and Naturalization Services granted asylum status, but not if asylum was grant by an immigration judge. The update further adds that termination of asylum status for a principal asylee also results in termination of any derivative’s asylum status, if the derivative asylee has not yet adjusted to lawful permanent resident status. It also outlines how officers should handle termination cases for aliens residing in the Ninth Circuit. [ID# 1022]

    View Policy Document
  2. Effective Date of Change

    Aug. 21, 2020
Status: Final/Actual
Subject Matter: Asylum, Withholding and CAT
Agencies Affected: USCIS ICE EOIR

Prior Policies

  • The prior policy manual contained no guidance on derivatives or on cases governed by Nijjar v. Holder, 689 F.3d 1077 (9th Cir. 2012). That court held that USCIS cannot terminate asylum for non-citizens residing within the jurisdiction of the Ninth Circuit, but rather, the asylum office must issues a NOIT with an NTA, referring the termination of asylum status to ICE to pursue in removal proceedings.

    USCIS Chapter 6 - Termination of Status and Notice to Appear Considerations

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