How to Apply for Asylum in the United States

Table Of Contents

What is the Asylum Application Process?

The asylum application process involves several steps. An individual seeking asylum must typically be present in the United States. The individual files Form I-589, Application for Asylum and for Withholding of Removal. This form requires detailed personal information. The form also requires information about the basis for the asylum claim. An individual must file Form I-589 within one year of the individual's last arrival in the United States. Specific exceptions to the one-year filing deadline exist. These exceptions include changed circumstances or extraordinary circumstances.
After filing Form I-589, the individual receives a receipt notice. The individual also receives an appointment for fingerprinting. This appointment is for a biometric services appointment. The biometrics collection includes fingerprints, a photograph, and a signature. This information undergoes background and security checks. The asylum office then schedules an asylum interview. An asylum officer conducts the asylum interview. The asylum officer assesses the credibility of the asylum claim.

How Does Affirmative Asylum Differ from Defensive Asylum?

Affirmative asylum differs from defensive asylum based on how an individual initiates the process. An individual applies for affirmative asylum proactively. The individual applies directly with the United States Citizenship and Immigration Services (USCIS). The individual does not face removal proceedings. The individual files Form I-589 with USCIS. A USCIS asylum officer interviews the individual. The USCIS asylum officer makes a decision on the asylum claim.
Defensive asylum occurs when an individual seeks asylum as a defence against removal from the United States. An individual applies for defensive asylum in immigration court. An immigration judge hears the defensive asylum case. This situation typically arises when an individual is already in removal proceedings. The individual files Form I-589 with the immigration court. The immigration judge makes a decision on the asylum claim.

What Documentation is Necessary for an Asylum Application?

Documentation necessary for an asylum application includes personal identification documents. These documents include passports, birth certificates, and national identity cards. An individual must provide all available travel documents. The individual provides evidence of entry into the United States. Any prior immigration applications or petitions are also necessary documentation.
The documentation also includes evidence supporting the asylum claim. This evidence proves persecution or a well-founded fear of persecution. Examples of evidence include police reports, medical records, and witness statements. News articles or country condition reports also support an asylum claim. Affidavits from individuals with knowledge of the persecution are also valuable. An individual must provide translations for any non-English documents. A certified translator must complete these translations.

What Happens During the Asylum Interview?

During the asylum interview, an asylum officer asks questions about the asylum application. The asylum officer seeks to understand the facts of the asylum claim. The asylum officer also assesses the credibility of the applicant. The interview typically lasts several hours. An interpreter is present if the applicant does not speak English. The interpreter must be neutral.
The asylum officer reviews all submitted documentation during the interview. The officer asks clarifying questions about the documents. The officer also asks questions about the applicant's personal history. The officer asks about the persecution suffered. The officer also asks about the applicant's fear of future persecution. The applicant has an opportunity to present additional evidence. The applicant also explains any discrepancies.

What Are the Potential Outcomes of an Asylum Application?

The potential outcomes of an asylum application include a grant of asylum. A grant of asylum allows the individual to remain in the United States. The individual receives protection from removal. The individual becomes eligible for a work permit. The individual may apply for lawful permanent resident status after one year. A grant of asylum also provides derivative asylum status for immediate family members.
Another potential outcome is a referral to immigration court. USCIS refers the case to an immigration judge if the asylum officer does not grant asylum. This typically happens when the asylum officer finds the applicant not credible. This also happens when the asylum officer believes the claim lacks sufficient evidence. The individual then pursues defensive asylum in immigration court. A denial of asylum is another outcome. This denial typically occurs in immigration court.

Why is Legal Representation Important for Asylum Applications?

Legal representation is important for asylum applications because the process is complex. An immigration attorney understands immigration law. An attorney guides the applicant through every step. An attorney helps prepare Form I-589 accurately. The attorney makes sure all necessary documentation is included. This minimises errors that could lead to delays or denials.
An attorney also prepares the applicant for the asylum interview. The attorney explains the types of questions asked. The attorney helps the applicant present their story clearly and consistently. An attorney advocates for the applicant during the interview. An attorney also represents the applicant in immigration court. An attorney presents legal arguments to the immigration judge.

FAQS

How long does an asylum application take to process?

An asylum application takes varying amounts of time to process. The processing time depends on several factors. These factors include the volume of applications and current caseloads. Some cases resolve in months. Other cases take several years for a final decision.

What happens if an asylum application is denied?

What happens if an asylum application is denied? An asylum application goes to an immigration court. An immigration judge reviews the asylum claim. The asylum seeker presents the asylum seeker's case again. An immigration judge makes a final decision.

Can an asylum seeker work while the application is pending?

An asylum seeker can work while the application is pending. An individual applies for an Employment Authorisation Document (EAD). An individual becomes eligible for an EAD 150 days after filing Form I-589. The EAD allows lawful employment.

What is the difference between asylum and refugee status?

Asylum and refugee status both offer protection. Refugee status is granted to individuals outside the United States. Asylum status is granted to individuals already inside the United States. The criteria for protection are similar for both.

Is there an appeal process for asylum denials?

An appeal process for asylum denials exists. An individual appeals a negative decision from an immigration judge. The appeal goes to the Board of Immigration Appeals. Further appeals are possible in federal court.

Related Links