Is your case stuck in administrative process for years? We can help you by completing this form

Is the asylum interview supposed to be an adversarial interrogation?

Federal regulations require that an asylum interview not be adversarial.  That means that the officer is not supposed to be battling with, nor antagonizing, the person being interviwed.

Several good reasons exist for this approach.  First, the interview is the first and best opportunity for the asylum seeker to make their case.  If they are intimidated or yelled at by the asylum officer, they will not be able to thoroughly present their case.

uscis(1)

If the asylum officer makes a mistake and denies a case that should have been approved, very real world consequences may arise - the person may be deported to a place where he or she would be killed.  They could also be placed in removal proceedings which is not a pleasant experience.

The purpose of the interview is two-fold: (a) gather information and (b) disseminate information.  The asylum officer has the affirmative duty to "elicit all relevant and useful information bearing on the applicant's eligibility" for asylum.  This means more than simply asking questions - it means having a dialogue without any pre-conceived notions of what the outcome should be.

The asylum officer should also disseminate or provide information regarding the process.  Asylum is an intimidating and complicated set of procedures.  One role the officer has is to make sure the person going through the process has a good understanding of what is happening.

Unlike in deportation court, there is no one at the immigration interview arguing that the alien should be deported or that asylum should be granted.  There is no formal cross-examination and the officer is "not an advocate for either side; rather the asylum officer is a neutral decision-maker."

We hope this information helps you understand what an asylum interview is supposed to be like.  If you have questions or concerns regarding an updcoming asylum case or filing, please be sure to call as at (314) 961-8200.

You May Also Like

How Long Does It Take for the NVC to Schedule Your Visa Interview? Spread the love The National Visa Center (NVC) is the administrative wing of the U.S. Department of State's Bureau of Consular Affairs, handling the paperwork for immigrant visa applications. ... VIEW POST
Everything You Need to Know About NVC Expedite Timeline Spread the love If you’re applying for an immigrant visa, you will certainly encounter the National Visa Center (NVC), which is a part of the U.S. Department of State's... VIEW POST
The NVC Fee Structure: How Much to Expedite Your Case? Spread the love If you're seeking a green card through consular processing from abroad, you will likely become well-acquainted with the acronym "NVC" and the NVC processing fee. The... VIEW POST

Download Free Guide 
2023 Immigrant’s Guide to 
Becoming a U.S. Citizen

This guide contains all you need to know to become  
a U.S. citizen.

Download Free Guide 2022 Immigrant’s Guide to Becoming a U.S. Citizen

This guide contains all you need to know
to become a U.S. citizen.
DOWNLOAD FREE PDF

Immigration 
Answers Show
Live every week.

JOIN US