How to Apply for Asylum in the US

Table Of Contents

What is Affirmative Asylum?

Affirmative asylum is a process for individuals seeking protection who are not currently in removal proceedings. An individual submits an asylum application to the United States Citizenship and Immigration Services (USCIS). USCIS reviews the asylum application. An asylum officer conducts an asylum interview. The asylum officer determines eligibility for asylum. This process offers a path to safety.
An individual meets specific criteria for affirmative asylum. The individual demonstrates a well-founded fear of persecution. Persecution is on account of race, religion, nationality, membership in a particular social group, or political opinion. The individual is physically present in the country. The individual files the asylum application within one year of arrival. Exceptions to the one-year filing deadline exist for changed circumstances or extraordinary circumstances.

How to Prepare an Affirmative Asylum Application?

An individual prepares an affirmative asylum application by gathering all necessary documentation. The individual completes Form I-589, Application for Asylum and for Withholding of Removal. The individual includes a detailed declaration describing the persecution. The declaration supports the asylum claim. Supporting evidence strengthens the asylum application.
The asylum seeker includes identity documents. The asylum seeker includes birth certificates. The asylum seeker includes marriage certificates. The asylum seeker provides police reports. The asylum seeker provides medical records. The asylum seeker provides news articles. The asylum seeker includes witness affidavits. The asylum seeker submits photographs. All documents not in English require certified translations. The asylum seeker keeps copies of all submitted documents.

What is Defensive Asylum?

An individual requests asylum as a defence against deportation. The asylum claim is heard by an immigration judge. The immigration judge makes a decision on the asylum application. This process often follows an encounter with immigration enforcement.
An individual can raise a defensive asylum claim if USCIS refers an affirmative asylum application to an immigration court. An individual can also raise a defensive asylum claim if the individual is apprehended at the border or within the country. The immigration judge considers the asylum application. The immigration judge determines the individual's eligibility for asylum. The individual has the right to appeal an adverse decision.

How to Present a Defensive Asylum Case?

An individual presents a defensive asylum case before an immigration judge. The individual submits Form I-589 to the immigration court. The individual provides testimony regarding the persecution experienced. The individual offers documentary evidence to support the asylum claim. An immigration lawyer assists with presenting the case.
The immigration judge conducts hearings. The immigration judge hears arguments from the individual and the government attorney. The immigration judge evaluates the credibility of the testimony. The immigration judge assesses the weight of the evidence. The immigration judge issues a decision regarding asylum eligibility.

Which Asylum Application Form to Use?

Which asylum application form to use? Form I-589 is the primary document for asylum claims. Form I-589 collects biographical information about the applicant. Form I-589 asks about the basis for the asylum claim.
An applicant must complete Form I-589 accurately and thoroughly. Incomplete forms cause delays in processing. The applicant includes all family members seeking asylum on the same form. Each family member must meet the asylum criteria. The applicant signs the form under penalty of perjury.

What Documents Support an Asylum Claim?

Documents that support an asylum claim provide evidence of the persecution. These documents include identity documents such as passports and national identification cards. Birth certificates and marriage certificates establish family relationships. These relationships are relevant for derivative asylum claims.
Police reports document harm incidents for an asylum claim. Medical records provide injury evidence for an asylum claim. News articles describe home country conditions for an asylum claim. Witness affidavits corroborate the applicant's story for an asylum claim. Photographs show injuries for an asylum claim. Photographs show destroyed property for an asylum claim.

FAQS

How long does an asylum application take to process?

An asylum application processing time varies significantly. Processing depends on the caseload of USCIS or the immigration court. Other factors include the complexity of the case. The availability of asylum officers or immigration judges also affects processing time.

What happens after an asylum interview?

After an asylum interview, the asylum officer reviews the case. The asylum officer makes a decision regarding asylum eligibility. The asylum officer then sends a notice of decision. This notice informs the applicant of the outcome.

Can an asylum applicant work in the country?

An asylum applicant can work in the country after a waiting period. The applicant must apply for an Employment Authorisation Document (EAD). The applicant becomes eligible for an EAD 150 days after filing the asylum application. The applicant submits Form I-765 for an EAD.

Is legal representation necessary for an asylum application?

Legal representation is not strictly necessary for an asylum application. However, an immigration lawyer significantly improves the chances of success. An immigration lawyer understands complex immigration laws. An immigration lawyer helps prepare a strong case.

What is the difference between asylum and refugee status?

The difference between asylum and refugee status is location. Asylum protects individuals inside the United States. Refugee status protects individuals outside the United States. Both statuses require a demonstration of persecution.

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