{"id":352737,"date":"2022-08-19T07:42:45","date_gmt":"2022-08-19T12:42:45","guid":{"rendered":"https:\/\/content.findlaw-admin.com\/ability-law\/immigration\/asylum-refugee\/asylum-hearings.html"},"modified":"2026-05-09T11:04:00","modified_gmt":"2026-05-09T16:04:00","slug":"asylum-hearings","status":"publish","type":"page","link":"https:\/\/www.findlaw.com\/immigration\/asylum-refugee\/asylum-hearings.html","title":{"rendered":"Different Types of Asylum Hearings"},"content":{"rendered":"\n
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Different Types of Asylum Hearings<\/h1>\n\n
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\n By Lyle Therese A. Hilotin-Lee, J.D.<\/a> | Legally reviewed by Joseph Fawbush, Esq.<\/a>\n | Last updated\n
\n \n <\/i>\n Legally Reviewed\n <\/summary>\n\n
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This article has been written and reviewed for legal accuracy, clarity, and style by FindLaw\u2019s team of legal writers and attorneys<\/a> and in accordance with our editorial standards<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n\n

\n \n <\/i>\n Fact-Checked\n <\/summary>\n\n
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The last updated date refers to the last time this article was reviewed by FindLaw or one of our contributing authors<\/a>. We make every effort to keep our articles updated. For information regarding a specific legal issue affecting you, please contact an attorney in your area<\/a>.<\/em><\/p>\n\n <\/div>\n <\/details>\n<\/section>\n\n\n

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Asylum seekers<\/span> may encounter several different types of hearings, each serving a specific purpose in determining their status or protection in the U.S. These hearings can arise at various points in the process, especially for those already in removal proceedings<\/span> or facing detention.<\/p>\n\n <\/div>\n\n\n\n

Understanding how each hearing works helps applicants know what to expect and better prepare for the path ahead. Keep reading to learn about the different types of hearings an asylum seeker<\/span> may encounter while trying to obtain lawful status in the U.S.<\/p>\n

With proper knowledge and legal guidance, the asylum process<\/span> can be less intimidating. An immigration attorney<\/span><\/a> near you can help you understand what each hearing means and protect your rights through each step.<\/p>\n

Process of Obtaining Affirmative Asylum<\/span><\/h2>\n

Before we explain the different types of asylum hearings<\/span>, let\u2019s examine the process for obtaining affirmative asylum<\/span>. This is when an asylum-seeker<\/span> is a foreign national<\/span> currently residing in the U.S.<\/p>\n

The general process of\u00a0affirmative <\/span>asylum<\/span> application<\/span><\/a>\u00a0in the U.S. involves the following steps.<\/p>\n

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  1. \n

    Apply for Asylum and Withholding of Removal<\/span>.\u00a0<\/strong>You should submit\u00a0Form I-589<\/span><\/a>\u00a0to\u00a0U.S. Citizenship and Immigration Services<\/span> (USCIS<\/span>)<\/a>. There is a one-year<\/span> deadline for filing asylum applications<\/span>. You must file your application within one year<\/span> of your arrival in the United States.<\/p>\n<\/li>\n

  2. \n

    Attend the biometrics<\/span> appointment.\u00a0<\/strong>During the biometrics<\/span> appointment<\/a>, USCIS<\/span> will collect your fingerprints and photographs. The USCIS<\/span> asylum officer<\/span> may also ask for additional information to confirm your identity and run background checks.<\/p>\n<\/li>\n

  3. \n

    Receive notice of an interview with an asylum officer<\/span> at the USCIS<\/span> field office.<\/strong>\u00a0The USCIS<\/span> will schedule an interview at the USCIS<\/span> field office. The notice will contain important information about the date, time, and location of your interview.<\/p>\n<\/li>\n

  4. \n

    Attend the visa interview.\u00a0<\/strong>During the interview<\/a>, an asylum officer<\/span> will determine whether you qualify for asylum protection. They may ask you certain questions and check additional documentation supporting your asylum claim<\/span>.<\/p>\n<\/li>\n

  5. \n

    Receive the determination of the asylum officer<\/span>.\u00a0<\/strong>At the end of the interview, the asylum officer<\/span> will assess whether you are qualified for asylum. Other immigration officials, such as the supervisory asylum officer<\/span>, will also conduct further review.<\/p>\n<\/li>\n

  6. \n

    Receipt of the decision.<\/strong>\u00a0The decision on your application for asylum<\/span> is often available two weeks after your interview. This period may vary depending on certain circumstances.<\/p>\n<\/li>\n<\/ol>\n

    Note that in some cases, the asylum officer<\/span> may refer your case to an immigration judge<\/span>. The asylum office<\/span> may also provide a Referral<\/span> Notice. This will explain why your court case is being referred to an immigration judge<\/span>.<\/p>\n

    In most instances, the immigration judge<\/span> orally grants or denies asylum applications<\/span><\/a> after the final Merits Hearing<\/span>. You may also appeal the judge\u2019s decision to the Board of Immigration Appeals<\/span> within 30 days.<\/p>\n

    At certain points along the process, you may receive notice of a hearing that\u2019s not on the above list. You also can request certain hearings. Below are some common hearings you may encounter either as part of your application or under other circumstances where you might be facing removal from the U.S.<\/p>\n

    Bond Re-Determination Hearings<\/h2>\n

    An undocumented migrant may be detained by the U.S.\u00a0Department of Homeland Security<\/span> (DHS<\/span>)<\/a>. If so, the DHS<\/span> will set a bond so you can be temporarily released from custody.<\/p>\n

    A bond is money or property you give to the government as a promise to comply with all government requests, such as attending all court hearings<\/span> for your asylum case<\/span>. If you fulfill your end of the bargain, you get the money or property back. A bond re-determination hearing allows you to challenge the amount of bond initially set.<\/p>\n

    A bond re-determination hearing isn\u2019t part of removal proceedings<\/span><\/a>. The removal proceeding<\/span> determines your eligibility<\/span> to stay in the United States. The bond re-determination hearing focuses on the amount the detainee should give for their temporary release. The result of the bond hearing doesn\u2019t affect the asylum application<\/span>. But failing to meet your obligations upon your release can affect your case.<\/p>\n

    You can request that an immigration judge<\/span> conduct a\u00a0bond hearing.<\/a>\u00a0Here, the immigration judge<\/span> has the authority to reassess the amount set by the DHS<\/span>. Some factors that the immigration judge<\/span> may look into when considering the amount of bond include:<\/p>\n