Immigration Q&A

Your Question

Hello, My current situation is very confusing. I am on a B1/B2 visa (my entry still valid up to the end of March) and have filed an asylum case. My friends told me if I do not pass the interview, the government might send me to a detention center. I would appreciate any guidance from anyone who has experienced an interview in New York.

Expert Answer

If you have a pending asylum application and are still within your authorized stay on a B1/B2 visa, you are generally not at immediate risk of detention. However, if your asylum application is denied at the interview stage, your case may be referred to an immigration judge for further review. Detention is not automatic unless there are other factors involved, such as prior immigration violations or security concerns. In New York, asylum interviews are conducted at the USCIS Asylum Office, and if referred to court, you will receive a hearing date before an immigration judge. It is recommended to consult with an immigration attorney for personalized guidance.

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