[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] ----------------------------------------------------------------------- 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. ----------------------------------------------------------------------- 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. BILLING CODE 4410-10-M [[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