[Code of Federal Regulations]

[Title 8, Volume 1]

[Revised as of January 1, 2006]

From the U.S. Government Printing Office via GPO Access

[CITE: 8CFR240.67]



[Page 451-452]

 

                     TITLE 8--ALIENS AND NATIONALITY

 

               CHAPTER I--DEPARTMENT OF HOMELAND SECURITY

 

PART 240_PROCEEDINGS TO DETERMINE REMOVABILITY OF ALIENS IN THE UNITED 

STATES--Table of Contents

 

  Subpart H_Applications for Suspension of Deportation or Special Rule 

      Cancellation of Removal Under Section 203 of Pub. L. 105-100

 

Sec. 240.67  Procedure for interview before an asylum officer.



    (a) Fingerprinting requirements. The Service will notify each 

applicant 14 years of age or older to appear for an interview only after 

the applicant has complied with fingerprinting requirements pursuant to 

Sec. 103.2(e) of this subchapter, and the Service has received a 

definitive response from the FBI that a full criminal background check 

has been completed. A definitive response that a full criminal 

background check on an applicant has been completed includes:

    (1) Confirmation from the FBI that an applicant does not have an 

administrative or criminal record;

    (2) Confirmation from the FBI that an applicant has an 

administrative or a criminal record; or

    (3) Confirmation from the FBI that two properly prepared fingerprint 

cards (Form FD-258) have been determined unclassifiable for the purpose 

of conducting a criminal background check and have been rejected.

    (b) Interview. (1) The asylum officer shall conduct the interview in 

a non-adversarial manner and, except at the request of the applicant, 

separate and apart from the general public. The purpose of the interview 

shall be to elicit all relevant and useful information



[[Page 452]]



bearing on the applicant's eligibility for suspension of deportation or 

special rule cancellation of removal. If the applicant has an asylum 

application pending with the Service, the asylum officer may also elicit 

information relating to the application for asylum in accordance with 

Sec. 208.9 of this chapter. At the time of the interview, the applicant 

must provide complete information regarding the applicant's identity, 

including name, date and place of birth, and nationality, and may be 

required to register this identity electronically or through any other 

means designated by the Attorney General.

    (2) The applicant may have counsel or a representative present, may 

present witnesses, and may submit affidavits of witnesses and other 

evidence.

    (3) An applicant unable to proceed with the interview in English 

must provide, at no expense to the Service, a competent interpreter 

fluent in both English and a language in which the applicant is fluent. 

The interpreter must be at least 18 years of age. The following 

individuals may not serve as the applicant's interpreter: the 

applicant's attorney or representative of record; a witness testifying 

on the applicant's behalf; or, if the applicant also has an asylum 

application pending with the Service, a representative or employee of 

the applicant's country of nationality, or, if stateless, country of 

last habitual residence. Failure without good cause to comply with this 

paragraph may be considered a failure to appear for the interview for 

purposes of Sec. 240.68.

    (4) The asylum officer shall have authority to administer oaths, 

verify the identity of the applicant (including through the use of 

electronic means), verify the identity of any interpreter, present and 

receive evidence, and question the applicant and any witnesses.

    (5) Upon completion of the interview, the applicant or the 

applicant's representative shall have an opportunity to make a statement 

or comment on the evidence presented. The asylum officer may, in the 

officer's discretion, limit the length of such statement or comment and 

may require its submission in writing. Upon completion of the interview, 

and except as otherwise provided by the asylum officer, the applicant 

shall be informed of the requirement to appear in person to receive and 

to acknowledge receipt of the decision and any other accompanying 

material at a time and place designated by the asylum officer.

    (6) The asylum officer shall consider evidence submitted by the 

applicant with the application, as well as any evidence submitted by the 

applicant before or at the interview. As a matter of discretion, the 

asylum officer may grant the applicant a brief extension of time 

following an interview, during which the applicant may submit additional 

evidence.