[Federal Register Volume 63, Number 55 (Monday, March 23, 1998)]
[Notices]
[Pages 13875-13877]
From the Federal Register Online via the Government Publishing Office [www.gpo.gov]
[FR Doc No: 98-7269]


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DEPARTMENT OF JUSTICE

Immigration and Naturalization Service
[INS No. 1916-98]


Notice of Modification of Fingerprint Process for Asylum 
Applicants Facing One-Year Deadline

AGENCY: Immigration and Naturalization Service (INS), Justice.

ACTION: Notice.

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SUMMARY: The Illegal Immigration Reform and Immigrant Responsibility 
Act of 1996 (IIRIRA) added a provision to the Immigration and 
Nationality Act (Act) which requires that an asylum applicant must file 
an application for asylum within 1 year after the date of his or her 
arrival in the United States. Persons who arrived in the United States 
on or before April 1, 1997, must file asylum applications on or before 
April 1, 1998. The deadline to file an asylum application by an 
individual arriving in the United States after April 1, 1997 is 1 year 
after the date of arrival. Asylum applications filed after the deadline 
will not be adjudicated unless an asylum officer or an Immigration 
Judge determines the applicant qualifies for an exception due to 
changed conditions or extraordinary circumstances. The public is also 
reminded that this filing deadline applies only to applications for 
asylum. Form I-589, Application for Asylum and for Withholding of 
Removal, is an application for both asylum and withholding of removal, 
and the Immigration and Naturalization Service (Service) and the 
Executive Office for Immigration Review (EOIR) adjudicators will 
process withholding of removal claims whether or not the asylum claim 
is timely. This notice also discusses modifications to the process of 
submitting fingerprints for asylum applicants who have not yet had 
fingerprints taken. Applicants are encouraged to submit fingerprints 
with their application if they can, but an applicant can submit his or 
her application without fingerprints. The applicant will then be 
instructed where and when to report to be fingerprinted. Finally, this 
notice informs the public that the April 1, 1997 or the new 1998 
version of Form I-589 must be used until July 1, 1998. Beginning July 
1, 1998, the new 1998 version of the I-589 must be used.

FOR FURTHER INFORMATION CONTACT:
Marta Rothwarf, Office of International Affairs, Asylum Division, 
Immigration and Naturalization Service, 425 I Street, NW., Third Floor 
ULLICO Bldg., Washington, DC 20536, (202) 305-2900.

SUPPLEMENTARY INFORMATION: IIRIRA added a provision to the Act 
requiring that an alien must file an asylum application within 1 year 
after the alien's date of arrival in the United States in order to be 
eligible for asylum. This provision of IIRIRA came into effect on April 
1, 1997. An alien who arrived in the United States on or before April 
1, 1997, must file an asylum application no later than April 1, 1998, 
in order for the application to be timely. An alien who arrived in the 
United States after April 1, 1997, must file an application within 1 
year of the date of arrival in order for the application to be timely.
    An alien who has not filed an asylum application within the 1-year 
filing deadline is not eligible to apply for asylum unless the alien 
can demonstrate to the asylum officer or Immigration Judge changed 
circumstances which materially affect the applicant's eligibility for 
asylum or extraordinary circumstances relating to the delay in filing 
the application within the time limit. In accordance with 8 CFR 
208.4(a)(4), changed circumstances can include changes in conditions in 
the applicant's country. In accordance with 8 CFR 208.4(a)(5), 
extraordinary circumstances can include events or factors beyond the 
applicant's control that caused the late filing.
    Some asylum applicants may be having difficulty obtaining the 
necessary fingerprints. Asylum applicants are encouraged to submit 
fingerprints with their applications, but, beginning immediately, an 
applicant can submit his or her asylum application without 
fingerprints. All other requirements for filing an asylum application 
remain in effect. The Service will notify each asylum applicant who 
files without submitting fingerprints where and when to report to have 
fingerprints taken. Fingerprints must be taken before an asylum 
application can be adjudicated, and failure to report for a 
fingerprinting appointment may lead to dismissal of asylum application 
or referral to an Immigration Judge.
    Asylum applications are filed on Form I-589, Application for Asylum 
and for Withholding of Removal. Beginning April 1, 1998, applicants

[[Page 13876]]

must file either the April 1, 1997, or the new 1998 version of the Form 
I-589. Beginning July 1, 1998, asylum applicants must use the new 1998 
version of the Form I-589. Form I-589 is an application for both asylum 
and withholding of removal. There is no 1-year time limit for filing 
for withholding of removal, so an application that is untimely as to 
asylum may nevertheless be adjudicated for withholding of removal.

    Dated: March 13, 1998.
Doris Meissner,
Commissioner, Immigration and Naturalization Service.

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[[Page 13877]]

Appendix--Clarifying Instructions for Form I-589
[GRAPHIC] [TIFF OMITTED] TN23MR98.002


[FR Doc. 98-7269 Filed 3-20-98; 8:45 am]
BILLING CODE 4410-10-C