If You Believe You Have Been Denied ABT Benefits:
ABT Class Members are not required to file a separate claim or register as class members before they are eligible to receive benefits under the ABT Settlement Agreement. USCIS and the Executive Office for Immigration Review (EOIR) have included ABT Settlement benefits into their regular processes, and class members who meet eligibility requirements will receive these benefits. An ABT Claim should only be filed if the asylum applicant believes that he or she has been denied a benefit that he or she is qualified under the ABT Settlement Agreement.
You may file a claim if you believe you are an ABT Class Member and you believe you have been denied relief under the ABT Settlement Agreement. You must follow the ABT Claim Review process and complete an ABT Claim Form, as outlined in section II.C.11.b of the Settlement Agreement. Before filing an ABT Claim you should review the ABT Settlement Agreement and the ABT Claim Form very carefully and follow the instructions for submitting a claim.
You can file a claim with USCIS or EOIR if:
Submitting a Claim
To submit a claim you must:
You must submit documents that prove the elements of your claim, as required based on the nature of your claim and the guidance provided in the ABT Claim Form.
1. Incorrectly Denied Form I-765:
If your Form I-765 was denied on or after December 3, 2013, and you believe it was denied because of an incorrect calculating of the 180-day asylum EAD Clock under the Agreement, submit your signed ABT Claim Form and all requested documents to:
DHS USCIS - Nebraska Service Center
2. Missed Asylum Interview:
For claims that:
Please submit your signed ABT Claim Form with all requested documents and attachments in your possession, to the USCIS Asylum Office where you missed your asylum interview.
3. Claims with EOIR:
For claims that pertain to:
Submit your signed ABT Claim Form and all requested documents to:
Executive Office for Immigration Review
There is no filing fee for eligible ABT class members.
Within 45 days of receipt of a claim form, USCIS and EOIR will mail you and/or your representative, if any, a Notice of Preliminary Findings or a Final Notice.
Notice of Preliminary Findings
This notice will request that you provide additional evidence supporting your claim, and will explain:
If USCIS and/or EOIR sends a Notice of Preliminary Findings, you will have 30 days (the supplementation period) to submit additional written evidence or information to correct any deficiencies in your claim. USCIS and/or EOIR will send a Final Notice to you and/or your representative after the supplementation period has passed and you have not responded, or within 30 days of receiving any supplemental documents or information from you.
This notice will include the results of USCIS’s and/or EOIR’s investigation of the facts you have submitted and will include:
Claim Not Resolved
If you believe that your claim has not been resolved, you have 30 days from the date USCIS and/or EOIR mailed your Final Notice to negotiate with USCIS and/or EOIR in good faith to resolve any remaining disputes.
Once 30 days have passed, if you believe your claim was not resolved, you may apply to the U.S. District Court for the Western District of Washington for enforcement of the Settlement Agreement. This may be done only after you file a claim form and negotiate in good faith. Before applying, you must notify USCIS and/or EOIR that you intend to apply to the District Court for the enforcement of the Settlement Agreement.
Last Reviewed/Updated: 03/20/2013