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Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Proposed Rules
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208.9 Procedure for interview or hearing before an asylum officer.

a Claims adjudicated. USCIS shall adjudicate the claim of each asylum applicant whose application is complete within the meaning of 208.3a2 or c3, when applicable, and is within the jurisdiction of USCIS pursuant to 208.2a.
b Conduct and purpose of interview or hearing. The asylum officer shall conduct the interview or hearing in a nonadversarial manner and, except at the request of the applicant, separate and apart from the general public. The purpose of the interview or hearing shall be to elicit all relevant and useful information bearing on the applicants eligibility for asylum. At the time of the interview or hearing, the applicant must provide complete information regarding his or her identity, including name, date and place of birth, and nationality, and may be required to register this identity.
The applicant may have counsel or a representative present, may present witnesses, and may submit affidavits of witnesses and other evidence.
c Authority of asylum officer. The asylum officer shall have authority to administer oaths, verify the identity of the applicant including through the use of electronic means, verify the identity of any interpreter, present evidence, receive evidence, and question the applicant and any witnesses.
d Completion of the interview or hearing. Upon completion of the interview or hearing before an asylum officer:
1 The applicant or the applicants representative will have an opportunity to make a statement or comment on the evidence presented. The representative will also have the opportunity to ask follow-up questions.
2 USCIS will inform the applicant that he or she must appear in person to receive and to acknowledge receipt of the decision of the asylum officer and any other accompanying material at a time and place designated by the asylum officer, except as otherwise provided by the asylum officer. An applicants failure to appear to receive and acknowledge receipt of the decision will be treated as delay caused by the applicant for purposes of 208.7.
e Extensions. The asylum officer will consider evidence submitted by the applicant together with his or her asylum application. For applications being considered under 208.2a1i, the applicant must submit any documentary evidence at least 14
calendar days in advance of the interview date. As a matter of discretion, the asylum officer may consider evidence submitted within the
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14-day period prior to the interview date or may grant the applicant a brief extension of time during which the applicant may submit additional evidence. Any such extension will be treated as a delay caused by the applicant for purposes of 208.7.
f Record. 1 The asylum application, all supporting information provided by the applicant, any comments submitted by the Department of State or by DHS, and any other information considered by the asylum officer in the written decision shall comprise the record.
2 For hearings on asylum applications within the jurisdiction of USCIS pursuant to 208.2a1ii, the record shall also include a verbatim audio or video recording of the hearing, except for statements made off the record with the permission of the asylum officer. A transcript of the interview will be included in the referral package to the immigration judge as described in 208.14c5.
g Interpreters. 1 Except as provided in paragraph g2 of this section, an applicant unable to proceed with the interview in English must provide, at no expense to USCIS, a competent interpreter fluent in both English and the applicants native language or any other language in which the applicant is fluent. The interpreter must be at least 18 years of age. Neither the applicants attorney or representative of record, a witness testifying on the applicants behalf, nor a representative or employee of the applicants country of nationality, or if stateless, country of last habitual residence, may serve as the applicants interpreter. Failure without good cause to comply with this paragraph may be considered a failure to appear for the interview for purposes of 208.10.
2 Notwithstanding paragraph h of this section, for asylum applications retained by USCIS for further consideration pursuant to 208.30f or 8 CFR 1003.42 or 1208.30, if the applicant is unable to proceed effectively in English, the asylum officer shall arrange for the assistance of an interpreter in conducting the hearing.
The interpreter must be at least 18 years of age. Neither the applicants attorney or representative of record, a witness testifying on the applicants behalf, nor a representative or employee of the applicants country of nationality, or if stateless, country of last habitual residence, may serve as the applicants interpreter.

6. Revise 208.10 to read as follows:

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208.10 Failure to appear for an interview or hearing before an asylum officer or for a biometrics services appointment for the asylum application.

a Failure to appear for an asylum interview or hearing, or for a biometrics services appointment. 1 The failure to appear for an asylum interview or hearing, or for a biometrics services appointment, may result in one or more of the following actions:
i Waiver of the right to an interview or adjudication by an asylum officer;
ii Dismissal of the application for asylum;
iii Referral of the applicant to the Immigration Court;
iv Denial of employment authorization; or v For individuals whose case is retained by USCIS for consideration of their application for asylum after a positive credible fear determination pursuant to 208.30f or 8 CFR 1003.42
or 1208.30, issuance of an order of removal based on the inadmissibility determination of the immigration officer under section 235b1Ai of the Act.
2 There is no requirement for USCIS
to send a notice to an applicant that he or she failed to appear for his or her asylum interview or hearing, or for a biometrics services appointment prior to issuing a decision on the application.
Any rescheduling request for the asylum interview or hearing that has not yet been fulfilled on the date the application for employment authorization is filed under 8 CFR
274a.12c8 will be treated as an applicant-caused delay for purposes of 208.7.
b Rescheduling missed appointments. USCIS, in its sole discretion, may excuse the failure to appear for an asylum interview or hearing, or biometrics services appointment and reschedule the missed appointment as follows:
1 Asylum interview or hearing. If the applicant demonstrates that he or she was unable to make the appointment due to exceptional circumstances.
2 Biometrics services appointment.
USCIS may reschedule the biometrics services appointment as provided in 8
CFR part 103.
7. Amend 208.14 by:
a. Removing RAIO and adding in its place USCIS in paragraph b;
b. Revising paragraphs c introductory text and c1; and c. Adding paragraph c5.
The revisions and addition read as follows:
208.14 Approval, denial, referral, or dismissal of application.

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