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khammond on DSKJM1Z7X2PROD with PROPOSALS2

1208.3

Federal Register / Vol. 86, No. 159 / Friday, August 20, 2021 / Proposed Rules Form of application.

a1 Except for applicants described in paragraph a2 of this section, an asylum applicant must file Form I589, Application for Asylum and for Withholding of Removal, together with any additional supporting evidence in accordance with the instructions on the form. The applicants spouse and children shall be listed on the application and may be included in the request for asylum if they are in the United States. One additional copy of the principal applicants Form I589
must be submitted for each dependent included in the principals application.
2 In proceedings under 1003.48 of this chapter, the written record of a positive credible fear finding issued in accordance with 8 CFR 208.30f, 1003.42 of this chapter, or 1208.30
shall be construed as the asylum application and satisfies the application filing requirements in paragraph a1
of this section and 1208.4b. The written record of the positive credible fear determination shall be considered a complete asylum application for purposes of 1208.4a, with the date of service of the positive credible fear determination on the alien considered the date of filing and receipt, and shall be subject to the conditions and consequences provided for in paragraph c of this section following the applicants signature at the asylum hearing before the USCIS asylum officer.
The applicants spouse and children may be included in the request for asylum only if they were included in the credible fear determination pursuant to 8 CFR 208.30c. The asylum applicant may subsequently seek to amend, correct, or supplement the record of proceedings created before the asylum officer or during the credible fear review process, but must otherwise meet the requirements of 1003.48e of this chapter concerning new documentation or testimony.

c
3 An asylum application under paragraph a1 of this section must be properly filed in accordance with the form instructions and with 1003.24, 1003.31b, and 1103.7a3 of this chapter, including payment of a fee, if any, as explained in the instructions to the application. For purposes of filing with an immigration court, an asylum application is incomplete if it does not include a response to each of the required questions contained in the form, is unsigned, is unaccompanied by the required materials specified in paragraph a of this section, is not completed and submitted in accordance
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with the form instructions, or is unaccompanied by any required fee receipt or other proof of payment as provided in 1208.4d3. The filing of an incomplete application shall not commence the period after which the applicant may file an application for employment authorization. An application that is incomplete shall be rejected by the Immigration Court. If an applicant wishes to have his or her application for asylum considered, he or she shall correct the deficiencies in the incomplete application and refile it within 30 days of rejection. Failure to correct the deficiencies in an incomplete application or failure to timely refile the application with the deficiencies corrected, absent exceptional circumstances as defined in 1003.10b of this chapter, shall result in a finding that the alien has abandoned that application and waived the opportunity to file such an application;

asylum officer shall refer the application to an immigration judge, together with the appropriate charging document, for adjudication in removal proceedings or, where charging documents may not be issued, shall dismiss the application.

5 Alien referred for consideration of asylum application in a hearing before an asylum officer after positive credible fear finding. In the case of an application within the jurisdiction of USCIS pursuant to 8 CFR 208.2a1ii, the asylum officer shall deny the application for asylum. The applicant will be provided a written notice of the decision. The decision will also include an order of removal based on the immigration officers inadmissibility determination under section 235b1Ai of the Act and a decision on any request for withholding of removal under 8 CFR 208.16d and deferral of removal under 8 CFR 208.17, where applicable. The notice shall explain that the alien may seek to have an immigration judge review the 1208.4 Amended decision, in accordance with 1003.48
of this chapter. The alien shall have 30
24. Amend 1208.4 by adding the words , except that an alien in a review days to affirmatively request such review as directed on the decision proceeding under 1003.48 of this notice. The failure to timely request chapter is not required to file the Form further review will be processed as the I589 after the word case in aliens decision not to request review.
paragraph b3iii.
i If the alien requests such 1208.5 Amended immigration judge review, USCIS will 25. Amend 1208.5b2 by removing serve the alien with a notice of referral the reference 1212.5 of this chapter to an immigration judge for review of and adding 8 CFR 212.5 in its place.
the asylum application. USCIS shall 26. Amend 1208.14 by:
provide the record of the proceedings a. Removing the Office of before the asylum officer, as outlined in International Affairs and adding in its 8 CFR 208.9f, to the immigration judge place USCIS in paragraph b;
and the alien, along with the written b. Revising paragraphs c notice of decision, including the order introductory text and c1; and of removal issued by the asylum officer, c. Adding paragraph c5.
and the aliens request for review.
The revisions and addition read as ii If the alien does not request a follows:
review by an immigration judge, the decision and order of removal will be 1208.14 Approval, denial, referral, or final and the alien shall be subject to dismissal of application.
removal from the United States.

iii Once USCIS has commenced c Denial, referral, or dismissal by an proceedings under 1003.48 of this asylum officer. If the asylum officer does chapter by filing the notice of referral on not grant asylum to an applicant after an the alien, the immigration judge has sole interview or hearing conducted in jurisdiction to review the application, accordance with 8 CFR 208.9, or if, as and an asylum officer may not reopen provided in 8 CFR 208.10, the applicant or reconsider the application once it has is deemed to have waived his or her been referred to the immigration judge.
right to an interview, a hearing, or an

adjudication by an asylum officer, the 27. Amend 1208.16 by revising asylum officer shall deny, refer, or paragraph a to read as follows:
dismiss the application, as follows:
1 Inadmissible or deportable aliens.
1208.16 Withholding of removal under Except as provided in paragraph c4
section 241b3B of the Act and withholding of removal under the or 5 of this section, in the case of an Convention Against Torture.
applicant who appears to be inadmissible or deportable under a Consideration of application for section 212a or 237a of the Act, the withholding of removal. An asylum
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