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Types of Asylum Decisions


Below is a discussion of decisions that can be made by immigration courts and officials at different stages in the asylum process.

Grant of Asylum

An applicant receives a Grant of Asylum when it has been determined that he or she is eligible for asylum in the United States. The applicant will receive a completed Form I-94, Arrival Departure Record, indicating that the applicant has been granted asylum status in the United States pursuant to the Immigration and Nationality Act (INA). The grant of asylum includes the applicant's dependents who are present in the United States if they were included in the applicant's asylum application, and the applicant established a qualifying relationship to them by a preponderance of evidence.

A grant of asylum in the United States is for an indefinite period; however, asylum status does not give the applicant the right to remain permanently in the United States. Asylum status may be terminated if the applicant no longer has a well-founded fear of persecution because of a fundamental change in circumstances, the applicant has obtained protection from another country, or the applicant has committed certain crimes or engaged in other activity that makes the applicant ineligible to retain asylum status in the United States.

Recommended Approval

An applicant receives this letter when the Asylum Officer has made a preliminary determination to grant the applicant asylum but USCIS has not yet received the results from the mandatory, confidential investigation of the applicant's identity and background. If the results reveal derogatory information that affects the applicant's eligibility for asylum, USCIS may deny the applicant's request for asylum or refer it to an Immigration Judge for further consideration.

A recommended approval is valid for the period of time necessary to obtain the required clearances. The recommended approval includes the applicant's dependents who are present in the United States, were included in the applicant's asylum application, and for whom the applicant has established a qualifying relationship by a preponderance of evidence.

Source: U.S. Citizenship and Immigration Services

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