Asylum
Asylum in the United States is a form of protection granted to individuals who have fled their home countries due to persecution or a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. Applicants can apply for asylum either affirmatively by filing a claim with the U.S. Citizenship and Immigration Services (USCIS) within one year of arriving in the U.S., or defensively if they are in removal proceedings before an immigration judge. Asylum seekers must demonstrate their eligibility through credible testimony and evidence, and if granted asylum, they can eventually apply for lawful permanent residency and, ultimately, U.S. citizenship. The process is complex and often requires legal assistance to navigate effectively.
Necessary Documents
- Form I-589
- Passport and Travel Documents
- Identification Documents
- Evidence of Persecution
- Photographs
- Biometrics
- Supporting Documentation
- Certified Translations
- Proof of Entry
- Proof of Status
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Asylum is a form of protection granted to individuals in the United States who have fled their home countries due to persecution or a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
Individuals who are physically present in the United States or arriving at a U.S. port of entry can apply for asylum, regardless of their immigration status, if they have a credible fear of persecution in their home country based on the five protected grounds.
To apply for asylum, you must file Form I-589, Application for Asylum and for Withholding of Removal, with U.S. Citizenship and Immigration Services (USCIS) within one year of your arrival in the United States.
Required documents include Form I-589, passport and travel documents, identification documents, evidence of persecution, personal affidavits, photographs, certified translations of any non-English documents, and proof of entry and status in the U.S.
After filing, you will receive a receipt notice, followed by a biometric services appointment for fingerprinting. Subsequently, you will be scheduled for an interview with a USCIS asylum officer. If you are in removal proceedings, your case will be heard by an immigration judge.
Yes, you can apply for an Employment Authorization Document (EAD) if your asylum application has been pending for at least 150 days without a decision. You can file Form I-765, Application for Employment Authorization, to request this permit.
If your application is denied by USCIS, your case will be referred to an immigration judge for removal proceedings, where you can present your case again. If the judge denies your application, you may appeal to the Board of Immigration Appeals (BIA).
Yes, you can include your spouse and unmarried children under 21 who are in the United States on your application. If granted asylum, they can also receive asylum status.
The timeline varies. The affirmative asylum process can take several months to years due to backlogs. Defensive asylum cases may take longer due to the court's schedule.
As an asylum seeker, you have the right to remain in the U.S. while your application is processed, the right to work (with an EAD), and the right to access certain public benefits. You also have the right to legal representation, although it is not provided by the government.
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