Federal Agencies, Agency Memos & Announcements
USCIS Answers AILA’s FOIA Request for Asylum Guidance
In April 2019, AILA filed a FOIA request, requesting “copies of all current Refugee, Asylum, and International Operations (RAIO) Directorate training modules.” In September 2023, USCIS provided the following response.
Part 1 included:
- USCIS Affirmative Asylum Process and Procedures
Lesson Description: This lesson provides an overview of the affirmative asylum adjudication process. The lesson explains the jurisdiction of the asylum program, describes the application process, and explains who may be included as a dependent to an asylum application. The lesson provides basic information on each step of the affirmative asylum process from time of filing an application through adjudication.
Date: September 3, 2019 - RAIO Credibility Training Module
Description: This module provides guidance on evaluating the credibility of an applicant’s testimony, including factors to consider in making and documenting a credible determination, and determining how any non-credible aspects of a claim may affect eligibility. Additionally, the module provides guidance on how to follow up on any credibility concerns that arise during the interview.
Date: December 20, 2019
Starts on page: - Credible Fear of Persecution and Torture Determinations Lesson Plan Overview
Description: The purpose of this lesson is to explain how to determine whether an alien subject to expedited removal or an arriving stowaway has a credible fear of persecution or torture.
Date: September 24, 2019
Starts on page: 88 - RAIO Discretion Training Module
Description: This module provides guidelines for adjudicating immigration benefits or other immigration-related requests that are subject to the discretion of the Department of Homeland Security (DHS). The module addresses the basis for determining when discretion is warranted and for performing the legal analysis of claims that involve discretion.
Date: December 20, 2019
Starts on page: 126 - RAIO Evidence Training Module
Starts on page: 171 - RAIO Combined Training Program: Evidence
Description: This module discusses burden and standards of proof and describes the types of evidence presented in support of petitions and applications for benefits in the RAIO Directorate.
Starts on page: 173 - RAIO Fraud in the Context of RAIO Adjudications and Overview of the Fraud Detection and National Security (FDNS) Directorate Training Module
Description: This lesson also introduces you to the Fraud Detection and National Security Directorate (FDNS) and how FDNS officers may assist you in identifying and verifying fraud indicators in your cases and advise you about patterns of fraud.
Starts on page: 214 - Refugee, Asylum and International Operations Directorate Officer Training Asylum Division Officer Training Course
Description: This lesson provides an historical overview of the refugee definition and asylum process in the United States, leading up to the creation of the Asylum Program. Information is provided on each major piece of legislation or regulation that contributed to the development of the Asylum Program.
Starts on page: 270 - Refugee, Asylum and International Operations Directorate Officer Training Asylum Division Officer Training Course
Description: This lesson describes prohibitions on applying for asylum, exceptions to those prohibitions, and the circumstances that require denial or referral of an asylum application, even when an applicant establishes that he or she is otherwise eligible for asylum.
Starts on page: 301 - National Security, Part 2: Terrorism-Related Inadmissibility Grounds (Trig)
Description: This module provides an overview of the terrorism-related inadmissibility grounds (TRIG) and their impact on RAIO adjudications.
Starts on page: 338 - Analyzing the Persecutor Bar
Description: This module addresses the legal analysis of claims where a refugee or asylum applicant may have been involved in the persecution of others as well as related interviewing considerations.
Starts on page: 411 - Refugee, Asylum and International Operations Directorate Officer Training Asylum Division Officer Training Course
Description: The purpose of this lesson is to explain how to determine whether an alien seeking entry into the US from Canada at a land border is eligible for an exception to the Safe Third Country Agreement between the US and Canada, which would allow him/her to seek asylum in the United States.
Starts on page: 460