Stage 3: Preparing For Your Trial/Asylum Interview
This section of the website applies to individuals who have applied for asylum in the United States and are looking for information on what to expect at their upcoming trial/asylum interview. Other pathways to legal residency within the United States, such as SIJS, will not be discussed in the following stages.
What is a trial? Why do some people have trials and other people have interviews?
A trial is an event where a person can present evidence on a case in front of a judge. The judge will then make a decision, based on the quality of the evidence that is presented, about the person’s case. In the United States, there are lots of different kinds of trials in many different kinds of courts.
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The trial discussed in this part of the website is what is otherwise known as your individual or merits hearing. This is a trial within immigration court, where you have an opportunity to defend your asylum application in front of an immigration judge. The merits hearing is different from the master calendar hearing, which is when you present yourself to your immigration judge so they can verify that you are still in the country.
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In the United States, trials tend to be adversarial. This means that there are always two sides. In the instance of your immigration trial, you will be defending yourself against the Department of Homeland Security, the agency that oversees the security of the United States’ border.
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Individuals who have submitted defensive asylum applications will have a trial, whereas those who submitted affirmative asylum applications will typically have an asylum interview, which is held at an asylum office rather than at an immigration court. As a reminder, you can find the explanation of the difference between defensive and affirmative asylum in this section. In the asylum interview, you will be asked questions about the asylum application that you submitted. Later questions explore the difference between the merits hearing and the asylum interview in greater depth.
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Please note that you are not able to choose whether or not you can have an interview or a trial. The U.S. government makes that decision on your behalf. If you do not win asylum as an affirmative applicant at your interview, you will then be referred to an immigration court, where you will have to defend your asylum claim to a judge.
What’s the difference between an asylum interview and a merits hearing?
In the table below, you can find the key differences between an asylum interview and a merits hearing:
The most important distinction to remember is that the asylum interview is an initial screening conducted by a USCIS officer to assess credibility and eligibility for asylum, whereas the merits hearing is a more formal court proceeding where an immigration judge makes a final decision on a person’s case.
What is the difference between the master hearing and the individual/merits hearing?
The master calendar here, which is described in greater detail in this section, is a more administrative meeting where the immigration judge checks in to see if you are ready to defend your case. The moment where you defend your case is called the individual/merits hearing. It is during this trial that you will present your story and submit evidence. Your immigration judge will then make a decision about your asylum case.
What will happen at the individual/merits hearing?
The individual merits hearing is the opportunity for you to defend your asylum claim and takes place on a specific time and date chosen by immigration court. We strongly recommend that you appear in court well in advance of the time of your scheduled hearing, in order to allow for time to get through security at your immigration court.
The individual merits hearing takes about 3 hours. While each hearing will differ based on the immigration judge and the details of your case. Below is a rough outline of what to expect at your individual hearing. Please note that there will be a translator available for you at the immigration court so that you will be able to answer these questions in your preferred language:
Opening Steps
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The immigration judge asks the prosecutor, the lawyer of the government, if they have done the security checks (fingerprinting).
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The judge verifies that everyone has all the documents (delivered 30 days prior to the appointment) and reviews each document contained in the file.
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The judge will then place you under oath, which is when you swear to tell the truth.
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The judge will then give you notice about the implications of submitting a frivolous asylum request, which is when you submit an asylum application without actually having fear of persecution.
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Then, the judge will confirm 1) whether someone assisted you in filling out your asylum application; 2) that someone read it to you in your native language so that you understand what is in your application; and 3) if there are any changes or corrections you want to make to your asylum application.
Questioning
Once your immigration judge has completed the steps outlined above, they will begin to ask you questions about your case. Usually, these questions are:
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Why did you leave your country?
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Why did you ask for asylum?
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Why do you believe it would be dangerous to return to your country?
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In a few sentences, what is the reason that you asked for asylum?
Then, there will be questions that are based on the story presented in your asylum application. These might include:
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Who are you afraid of and why? What might have motivated them?
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What proof of threats or harm do you have?
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Are those threats or harm related to your race, religion, membership in a political party or union, or your sexual orientation?
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Are your family members in your home country facing similar threats or harm?
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Can your own government protect you?
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Did you try to ask for protection in your country? If so, how did law enforcement authorities respond?
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What happened when you asked for protection?
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If you did not ask for protection, why not?
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Is the government going to harm you? Are they complicit?
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Could you live in peace in another part of your country?
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What threats or harm did you experience in your home country?
The judge will also likely ask questions to check that you might not be disqualified from receiving asylum. These include:
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Do you have a very serious criminal record, here or in another country?
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Have you participated in the persecution of others?
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Did you have permanent residence in another country or could you have obtained it?
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Did you assist a terrorist group?
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Did you enter the U.S. after 11/05/2023 (May 11) without using CBPOne?
As you answer these questions, it is essential that you connect your explanation of the harm you suffered with the protected characteristics. Refer back to this section for a review of the characteristics for which you can ask for asylum.
At the end of the hearing, your immigration judge may give their decision. However, this does not mean that the judgment is necessarily final. If the judge denies your request, you have the right to appeal the decision. If the judge grants you protection, the prosecutor, meaning the ICE Attorney, has the right to appeal. The next section of this website - Stage 4 - covers what to do after the judge has given their decision in greater detail.
Sometimes, the judge will ask you to come back in the instance that time has run out or if they need more time to consider your case.
You can see an example of a full individual or merits hearing in English here.
Stage 3 Questions
Stage 3: Preparing For Your Trial/Asylum Interview
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What is a trial? Why do some people have trials and other people have interviews?
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What’s the difference between an asylum interview and a merits hearing?
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What is the difference between the master hearing and the individual/merits hearing?
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What will happen at the individual/merits hearing?
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What can I expect from my immigration lawyer?
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How can I find a lawyer?
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How can I avoid fraudulent lawyers?
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What happens if I can’t find a lawyer​​
Pulling Together Your Evidence
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How do I determine what evidence to prepare for my individual hearing?
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What is a country conditions packet and how can it help me?
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Is there anything I should not submit as part of my evidence?
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How do I submit my evidence?
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What happens if I don’t have a printer?
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I’ve prepared all of my evidence. What else can I do to get ready for my individual hearing?
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What are some things I should avoid doing during the trial?