How do I apply for asylum in the U.S.?

Understanding the Asylum Process in the U.S.

Seeking asylum in the United States can be a complex and emotional process. If you are fleeing persecution in your home country due to your race, religion, nationality, political opinion, or membership in a particular social group, you may qualify for asylum. But how does the process work? Let’s break it down step by step.

Who Qualifies for Asylum?

According to U.S. Citizenship and Immigration Services (USCIS) (USCIS.gov), an individual may be granted asylum if they can demonstrate a well-founded fear of persecution. The persecution must be based on one of the following protected grounds:

• Race
• Religion
• Nationality
• Political opinion
• Membership in a particular social group

Asylum seekers must be physically present in the U.S. or seeking entry at a port of entry to apply.

Steps to Apply for Asylum

1. Submit Form I-589

To begin the process, you must file Form I-589, Application for Asylum and for Withholding of Removal, with USCIS within one year of arriving in the U.S. There is no application fee. Filing this form also includes an automatic request for withholding of removal and protection under the Convention Against Torture (CAT).

2. Attend Biometrics Appointment

After submitting your application, USCIS will schedule a biometrics appointment at an Application Support Center. During this appointment, they will collect your fingerprints and other identifying information.

3. Prepare for Your Asylum Interview

USCIS will schedule an asylum interview with an asylum officer. You will need to provide:

• A detailed written statement about why you are seeking asylum
• Supporting documents such as witness statements, news reports, or medical records
• Proof of identity (passport, birth certificate, etc.)

You have the right to bring an attorney or legal representative to the interview. Nonprofit organizations and immigration attorneys can assist you in preparing your case.

4. Attend the Asylum Interview

During your interview, the officer will ask about your background, your reasons for seeking asylum, and any supporting evidence. The goal is to assess whether you meet the legal definition of a refugee. Be honest, consistent, and detailed in your responses.

5. Receive a Decision

After your interview, USCIS may:

• Approve your asylum application, granting you asylum status.
• Refer your case to immigration court if your application is not approved.

If referred to immigration court, you will have the opportunity to present your case before an immigration judge.

Defensive vs. Affirmative Asylum Applications

There are two ways to apply for asylum:

• Affirmative asylum: If you are not in removal proceedings, you apply directly with USCIS.
• Defensive asylum: If you are in removal proceedings, you must apply for asylum as a defense against deportation in immigration court.

What Happens If Asylum Is Granted?

If you are granted asylum, you will receive asylee status, which allows you to:

• Live and work legally in the U.S.
• Apply for a green card (permanent residency) after one year
• Petition to bring certain family members to the U.S.

What If My Asylum Application Is Denied?

If USCIS denies your asylum request, your case may be referred to an immigration judge, where you can present additional evidence. If the judge also denies your case, you may appeal the decision to the Board of Immigration Appeals (BIA) and potentially to federal courts.

Important Considerations for Asylum Seekers

• Work Authorization: Asylum applicants may apply for a work permit (EAD) if their case has been pending for at least 150 days.
• Asylum and Travel: If granted asylum, you should avoid returning to your home country, as this may jeopardize your status.
• Legal Assistance: Many nonprofit organizations offer free or low-cost legal help. You can find a list of accredited organizations at Justice.gov.

Final Thoughts

Applying for asylum in the U.S. can be challenging, but understanding the process and seeking legal assistance can improve your chances of success. If you believe you qualify for asylum, consult a knowledgeable immigration attorney or a nonprofit organization specializing in asylum cases.

FAQ: Asylum Application Process

1. How long does the asylum process take?

The timeline varies, but USCIS aims to process affirmative asylum cases within six months. However, delays are common due to backlogs.

2. Can I apply for asylum if I entered the U.S. illegally?

Yes, you can apply for asylum regardless of how you entered the country, as long as you meet the eligibility criteria.

3. Can I include my family in my asylum application?

Yes, you can include your spouse and children (under 21 and unmarried) in your application.

4. Can I work while my asylum application is pending?

You may apply for work authorization after your application has been pending for at least 150 days.

5. What happens if I miss my asylum interview?

Missing your asylum interview could lead to case dismissal and removal proceedings. If you have a valid reason for missing it, you should contact USCIS immediately to reschedule.