8 CFR s 208.14

8 C.F.R.  208.14

CODE OF FEDERAL REGULATIONS

TITLE 8--ALIENS AND NATIONALITY

CHAPTER I--IMMIGRATION AND NATURALIZATION SERVICE, DEPARTMENT OF JUSTICE

SUBCHAPTER B--IMMIGRATION REGULATIONS

PART 208--PROCEDURES FOR ASYLUM AND WITHHOLDING OF REMOVAL

SUBPART A--ASYLUM AND WITHHOLDING OR REMOVAL

Current through June 2, 1998; 63 FR 29958

208.14 Approval, denial, or referral of application.

(a) By an immigration judge. Unless otherwise prohibited in 208.13(c), an immigration judge may grant or deny asylum in the exercise of discretion to an applicant who qualifies as a refugee under section 101(a)(42) of the Act.

(b) By an asylum officer. Unless otherwise prohibited in 208.13(c):

(1) An asylum officer may grant asylum in the exercise of discretion to an applicant who qualifies as a refugee under section 101(a)(42) of the Act.

(2) If the alien appears to be deportable, excludable or removable under section 240 of the Act, the asylum officer shall either grant asylum or refer the application to an immigration judge for adjudication in deportation, exclusion, or removal proceedings. An asylum officer may refer such an application after an interview conducted in accordance with 208.9, or if, in accordance with 208.10, the applicant is deemed to have waived his or her right to an interview or an adjudication by an asylum officer.

(3) If the applicant is maintaining valid nonimmigrant status at the time the application is decided, the asylum officer may grant or deny asylum, except in the case of an applicant described in 208.2(b)(1).

(c) Applicability of 103.2(b) of this chapter. No application for asylum or withholding of deportation shall be subject to denial pursuant to 103.2(b) of this chapter.

(d) Duration. If the alien's asylum application is granted, the grant will be effective for an indefinite period, subject to termination as provided in 208.22.

(e) Effect of denial of principal's application on separate applications by dependents. The denial of an asylum application filed by a principal applicant for asylum shall also result in the denial of asylum status to any dependents of that principal applicant who are included in that same application. Such denial shall not preclude a grant of asylum for an otherwise eligible dependent who has filed a separate asylum application, nor shall such denial result in an otherwise eligible dependent becoming ineligible to apply for asylum due to the provisions of section 208(a)(2)(C) of the Act.

[63 FR 12986, March 17, 1998]

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8 C. F. R. 208.14

8 CFR 208.14

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