Key Takeaways
- Asylum is available to those who face persecution due to race, religion, nationality, political opinion, or membership in a particular social group.
- There are two main types of asylum applications: affirmative and defensive.
- Filing Form I-589 is the first step in the process, and strong evidence is critical to success.
- Certain situations, such as being an unaccompanied minor, may affect your application process.
- Legal representation significantly increases the likelihood of approval.
Applying for asylum in the U.S. can be complex, but with the right guidance, it’s possible to go through the process successfully. If you’re fleeing persecution and seeking safety in the United States, asylum could offer you the protection you need. In this guide, we’ll break down the asylum application process into manageable steps and explain the differences between affirmative and defensive applications. We’ll also cover special circumstances that may apply in unique situations.
At Tingen Law, we have years of experience helping clients through the asylum process. Below, I will walk you through the critical steps and considerations for applying for asylum in the U.S.
1. Overview of the Asylum Process in the U.S.
The first step in seeking asylum in the U.S. is understanding the process. Asylum is a form of protection that allows individuals who fear persecution to remain in the U.S. instead of returning to a country where they face danger. To apply, you’ll need to complete Form I-589, the Application for Asylum, which is available for download on the USCIS website.
You must apply within one year of arriving in the U.S., unless you can prove extraordinary circumstances that justify a delay. Filing within this period is essential, as missing it without valid reasons can lead to complications or denial.
2. Affirmative Asylum Application Process
The affirmative asylum process applies to individuals who are not in removal proceedings. Here’s how it works:
- Filing Form I-589: Begin by filing your application with the Asylum Office. You can download Form I-589 from the USCIS website, where you’ll also find the filing address.
- Biometric Appointment and Background Check: After submitting your form, you’ll receive a notice for a fingerprint appointment, where the government collects biometric data to run a background check.
- Asylum Interview: Once your background check is complete, you’ll be scheduled for an asylum interview. During this interview, you’ll present your case and explain why you cannot return to your home country.
Processing times for affirmative asylum cases vary widely. While some applicants are interviewed within weeks, others may wait several years due to administrative priorities. For example, during the Trump administration, interview timelines were expedited to discourage delayed filings. However, delays still remain, with some clients waiting up to a decade for an interview.
If your case is approved at the interview, you’ll receive asylum status and, after one year, you can apply for a green card. If denied, your case will be referred to Immigration Court, where you’ll proceed with a defensive application.
3. Defensive Asylum Application Process
The defensive asylum process comes into play when an individual is in removal proceedings. Here’s what you need to know:
- Credible Fear Interview: If you were apprehended at the border or entered without documentation, you’ll typically undergo a credible fear interview. This interview assesses whether you have a valid fear of returning to your home country.
- Notice to Appear (NTA): If you are determined to have credible fear, you’ll receive a Notice to Appear in immigration court. This notice officially places you in removal proceedings.
- Court Process: In Immigration Court, you’ll have a Master Calendar Hearing, where you confirm your eligibility for asylum. You’ll then submit Form I-589 as your defensive application and attend subsequent hearings, where you’ll present evidence and testimony.
After filing, you’ll proceed to an Individual Hearing. This is your opportunity to present all evidence supporting your asylum claim, including personal affidavits, country condition reports, police reports, and witness testimonies. The government attorney will cross-examine you, and the immigration judge will issue a final decision.
4. Special Cases in the Asylum Process
Some applicants face unique situations that may qualify them for special asylum processing:
- Unaccompanied Minors: If you’re under 18 and enter the U.S. alone, you’re considered an unaccompanied minor. Unaccompanied minors are often eligible to file with the Asylum Office first, even if they’re in removal proceedings.
- Prosecutorial Discretion: Certain cases may qualify for prosecutorial discretion. In these instances, the government attorney may decide not to pursue deportation if the applicant poses no threat, has strong community ties, and has no criminal record.
Special circumstances often require specific legal strategies. Consulting with an immigration attorney can help you determine if you’re eligible for alternative processing or if prosecutorial discretion applies.
5. Important Legal Requirements and Considerations
The asylum process is complex, with specific legal and procedural requirements:
- One-Year Filing Deadline: Asylum applicants must file within one year of their last entry into the U.S. unless they qualify for an exception. Valid exceptions include significant changes in circumstances, such as a coup or increased violence in the applicant’s home country.
- Gathering Evidence: Substantial evidence is crucial in an asylum case. This includes:
- Personal Affidavits: Detailed accounts of your experiences and why you fear returning to your home country.
- Supporting Testimonies: Statements from family, friends, or community members who can corroborate your claims.
- Country Conditions Reports: Reports and news articles documenting the situation in your home country.
- Credibility: Consistency in your statements and evidence is essential. Immigration judges closely evaluate your credibility, and any discrepancies in your testimony can hurt your case.
Meeting these requirements improves your chances of success, but I've seen that understanding and gathering this evidence can be challenging without proper help. Many of our clients initially try to do the process on their own, only to later share how much relief they feel once we take the weight off their shoulders.
6. Benefits of Working with an Immigration Attorney
Having an experienced immigration attorney can make a significant difference in the outcome of your asylum case. At Tingen Law, we've help clients:
- Prepare Thoroughly: We guide you through the documentation process, ensuring that you meet all procedural and legal requirements.
- Strengthen Your Case: From preparing affidavits to organizing country condition evidence, we’ll help you present a compelling case.
- Go through Complex Hearings: Our attorneys will represent you in court, helping you respond to questions from the government attorney and the judge.
While no attorney can guarantee success, working with an immigration lawyer gives you the best chance of presenting a strong, well-supported case.
Conclusion
Applying for asylum in the U.S. is a challenging process, but with careful preparation and an understanding of the steps involved, you can make a compelling case for protection. Whether you pursue an affirmative or defensive application, ensure that you meet all deadlines, provide substantial evidence, and understand your legal options.
We’re here to support you at every step of the journey. If you’re considering applying for asylum, or if your case has been referred to immigration court, contact us today to speak with an experienced immigration attorney who can guide you through the asylum process and protect your future.
