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Intake for Asylum Consultations

Asylum callers often carry trauma and a filing deadline at the same time. Here's how to run intake that's careful, private and gets the key dates right.

MAY 19, 20266 MIN READBY THE INTAKEGENIUS TEAM
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An asylum caller is often dealing with two things at once. They've been through something terrible, and they may be up against a deadline they don't fully understand. Intake has to handle both, gently enough that the person keeps talking and carefully enough that the key dates are right.

This post covers how small immigration firms can set up asylum intake. It's general guidance. Asylum rules and procedures change, sometimes quickly, so have your attorneys review your script against current rules.

What intake staff need to know

Staff don't need to assess asylum claims. They do need a few basics so they know which facts matter most.

The one-year deadline. According to USCIS, a person generally must apply for asylum within one year of their last arrival in the United States. There are exceptions for changed circumstances that materially affect eligibility and for extraordinary circumstances related to the delay, and the person also has to show they filed within a reasonable time given those circumstances. Whether an exception applies is a question only an attorney can answer.

Affirmative vs. defensive. An affirmative application is filed with USCIS by someone who isn't in removal proceedings, and it's heard by an asylum officer. A defensive application is made as a defense in removal proceedings, in front of an immigration judge at the Executive Office for Immigration Review (EOIR). Intake needs to know which situation the caller is in, because it changes what's urgent.

That's enough. Anything past this belongs to the attorney.

Lead with safety and privacy

Before the questions, check that the caller can talk.

"Is this a safe time and place for you to talk?"

"Is it OK if we call or text you at this number? Is it OK to leave a message?"

"Is there anyone with you right now? It's fine either way. I just want to make sure you're comfortable."

Some asylum seekers fear people in their own community, or people back home who might learn they've applied. Treat everything they share as confidential, and say so:

"What you tell us stays with the firm. It's used to help the attorney prepare for your consultation."

Also confirm the language they're most comfortable in, and arrange an interpreter rather than letting a relative interpret. Our multilingual intake post covers why.

Don't ask for the story on the intake call

This is the biggest change most firms need to make. Intake staff shouldn't ask a caller to describe what happened to them in detail. It's re-traumatizing over the phone with a stranger, and it isn't what intake needs. The attorney will take that history properly, with time, privacy and an interpreter.

One gentle question is enough:

"Without going into details, are you afraid to return to your home country?"

If they start sharing more, let them, and don't cut them off coldly. Then guide back:

"Thank you for telling me that. The attorney will want to hear all of it, and they'll have time to go through it with you properly. For now, I just need a few dates."

If the caller is in crisis or says they're in danger right now, follow your firm's escalation and emergency plan. Every firm should have one written down. Our post on whether AI can handle distressed callers talks through where a person needs to step in.

The core asylum intake checklist

Contact and safety

  • Name and any other names used.
  • Safe phone number, and whether texts and voicemail are OK.
  • Preferred language and whether an interpreter is needed.

Basic identity

  • Date of birth.
  • Country of citizenship, and any other countries where they've lived.
  • A-number, if they have one.

Dates that drive the deadline

  • Date of their most recent arrival in the U.S.
  • Any earlier trips to or arrivals in the U.S.
  • How they entered, kept factual. "How did you come into the U.S. the last time?"

Where the case stands

  • Have they already filed an asylum application? When and where?
  • Have they received any notice from USCIS, the immigration court or ICE?
  • Do they have a Notice to Appear or a court hearing date? If yes, switch to your removal defense checklist for the hearing details.
  • Have they ever been ordered removed or deported?
  • Do they have, or did they have, another attorney or preparer?

Family

  • Spouse and children, and whether they're in the U.S.
  • Whether any family members are part of an existing application.

Anything else the attorney should see early

  • Arrests or charges anywhere, just the facts.
  • Any document from any agency with a date on it.

Flag the one-year question for the attorney

If the most recent arrival date is getting close to a year ago, or is already past it, flag the lead as urgent. Don't tell the caller they've missed anything.

Staff should never say:

  • "You're too late to apply."
  • "You still have time."
  • "You'll qualify for an exception."
  • "Your case sounds strong."

Say this instead:

"The date you arrived matters, so I'm marking this for the attorney to look at quickly. They'll go over your options with you."

Book the consult for the time it needs

Asylum consults run longer than most, especially with an interpreter. Block enough time, and book the interpreter when you book the consult. In the confirmation, tell the caller what to bring:

  • Passport and any ID documents.
  • Any notices from USCIS, the court or ICE.
  • Any documents about their entry to the U.S.
  • Anything they've already filed.

Add a note that they don't need every document to come in. People sometimes skip consults because they think they're missing paperwork.

Follow up with care

Asylum leads go quiet for many reasons. Fear, a move, a phone that's no longer theirs. Follow up, but keep messages short and discreet. Don't put case details in a text, and use the contact methods the caller said were safe.

Where IntakeGenius fits

IntakeGenius answers every call, any hour, and runs the intake questions your attorneys set, including the date questions an asylum case depends on. It books the consult and sends the confirmation and reminders, and IntakeCRM keeps the lead in one record so the arrival date and the next step are right where your team looks. We set it up with you, and for the sensitive calls, a person on your team should still follow up. See our immigration page.

If you'd like to talk it through, grab a 15-minute demo with us. No slides.

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