Chapter 6 - Termination of Status and Notice to Appear Considerations
On occasion, an officer reviewing the adjustment application will discover evidence that indicates the applicant was not eligible for asylum status at the time of asylum grant or is otherwise no longer eligible for asylum status. The officer should return the file to the asylum office for further review and potential termination of status.
A grant of asylum does not convey a right to remain permanently in the United States and may be terminated.  The date of the asylum grant guides the termination procedures.
Fraud in the application pertaining to eligibility for asylum at the time it was granted is grounds for termination regardless of the filing date.
USCIS may terminate asylum if USCIS determines that the applicant:
No longer meets the definition of a refugee;
Ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion;
Constitutes a danger to the community of the United States, if convicted of a particularly serious crime;
Committed a serious nonpolitical crime outside the United States prior to arriving in the United States;
Is a danger to the security of the United States, including terrorist activity;
May be removed, to a country (other than the country of the applicant’s nationality or last habitual residence) in which the applicant’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, where the applicant is eligible to receive asylum or equivalent temporary protection;
Has voluntarily availed himself or herself of the protection of the country of nationality or last habitual residence by returning to such country with permanent resident status or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country; or
Has acquired a new nationality and enjoys the protection of the country of his new nationality.
USCIS may terminate the approval of asylum if USCIS determines that the applicant:
No longer has a well-founded fear of persecution due to changed country conditions;
Was convicted of a particularly serious crime or an aggravated felony;
Was firmly resettled in third country;
Can reasonably be regarded as a danger to the security of the United States; or
Is a persecutor or has engaged in terrorist activity.
If an officer determines that termination is appropriate, he or she should forward the case to the appropriate asylum office with jurisdiction. The asylum office may only terminate asylum status if an asylum officer or a District Director granted the status. Asylum status granted by an immigration judge may not be terminated by USCIS since jurisdiction rests with the immigration court. In such cases, asylum offices should coordinate with the Refugee and Asylum Law Division at the Office of Chief Counsel, USCIS Headquarters.
For those cases within USCIS jurisdiction, a Notice of Intent to Terminate (NOIT) must be served on the applicant by the asylum office at least 30 days prior to an interview with an asylum officer. The NOIT must contain prima facie evidence supporting the termination. The grounds of termination must be proven by a preponderance of the evidence. The applicant has an opportunity to present evidence that he or she is still eligible for asylum. The officer must provide the applicant with written notice if asylum and/or related employment authorization are terminated.
An immigration judge may terminate a grant of asylum made under the jurisdiction of USCIS at any time after the applicant has been provided a Notice of Intent to Terminate (NOIT). A termination hearing may take place in conjunction with removal proceedings.
If USCIS terminates the applicant’s asylum status or the officer cannot approve the adjustment of status application due to the applicant’s inadmissibility, the officer should deny the application issue the applicant a Notice to Appear (NTA). The applicant should be placed in removal proceedings. The denial order should set forth all the reasons for the denial in clear language which can be understood by the applicant. There is no appeal from the denial of the application, but the alien may renew the application for adjustment in his or her removal proceedings before the immigration court. 
No appendices available at this time.
U.S. Citizenship and Immigration Services (USCIS) is updating and incorporating relevant Adjudicator’s Field Manual (AFM) content into the USCIS Policy Manual. As that process is ongoing, USCIS has moved any remaining AFM content to its corresponding USCIS Policy Manual Part, in PDF format, until relevant AFM content has been properly incorporated into the USCIS Policy Manual. To the extent that a provision in the USCIS Policy Manual conflicts with remaining AFM content or Policy Memoranda, the updated information in the USCIS Policy Manual prevails. To find remaining AFM content, see the crosswalk (PDF) between the AFM and the Policy Manual.
This technical update replaces all instances of the term “foreign national” with “alien” throughout the Policy Manual as used to refer to a person who meets the definition provided in INA 101(a)(3) [“any person not a citizen or national of the United States”].
U.S. Citizenship and Immigration Services (USCIS) is updating policy guidance in the USCIS Policy Manual to remove references to Biographic Information (Form G-325A).
U.S. Citizenship and Immigration Services (USCIS) is issuing policy guidance in the USCIS Policy Manual to address adjustment of status applications filed by refugees and asylees under INA sections 209(a) and 209(b).