Asylum
Asylum is granted to people who are either already in the U.S. or are seeking entry that can show they face persecution in their native country based on their race, religion, nationality, or membership in a particular social group.
Asylum can serve as a defense against deportation in in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR).
Eligibility Requirements
Asylum status is a form of protection available to people who:
- Meet the definition of refugee
- Are already in the United States or are seeking admission at a port of entry
An asylum seeker has the burden of proving that he or she meets the definition of a refugee. A refugee is someone who has been forced to flee his or her country because of persecution, war or violence. A refugee has a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group
You must apply for asylum within one year of the date of their last arrival in the United States, unless you can show: Changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances relating to the delay in filing and that you filed within a reasonable amount of time given those circumstances.
Your spouse and children who are in the United States may be included on your application at the time you file or at any time until a final decision is made on your case.
A defensive application for asylum occurs when you request asylum as a defense against removal from the U.S. For asylum processing to be defensive, you must be in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR).
Individuals are generally placed into defensive asylum processing in one of two ways:
- They are referred to an Immigration Judge by USCIS after they have been determined to be ineligible for asylum at the end of the affirmative asylum process, or
- They are placed in removal proceedings because they: Were apprehended (or caught) in the United States or at a U.S. port of entry without proper legal documents or in violation of their immigration status, OR Were caught by U.S. Customs and Border Protection (CBP) trying to enter the United States without proper documentation, were placed in the expedited removal process, and were found to have a credible fear of persecution or torture by an Asylum Officer.
Application and Authorization Process
Apply for affirmative asylum by submitting Form I-589 Then the applicant will interview at one of the asylum offices, where an asylum officer will determine whether an applicant fits the definition of a refugee.
According to the USCIS, the decision may come within two weeks after the asylum interview. An approval, or “Grant of Asylum,” officially gives someone asylum status and allows them to apply for things like a green card and immigration benefits.
If your case is not approved then the USCIS will issue a Form I-862, Notice to Appear, and forward (or refer) your case to an Immigration Judge at the Executive Office for Immigration Review (EOIR). The Immigration Judge conducts a new hearing and issues a decision that is independent of the decision made by USCIS.
Time duration for approval
The length of asylum process varies depending on whether the asylum seeker filed affirmatively or defensively and on the particular facts of his or her asylum claim.
Forms required to be submitted for this application
- Form I-589, the Application for Asylum and for Withholding of Removal.
Information that you will have to provide
- You must submit reasonably available corroborative evidence showing (1) the general conditions in the country from which you are seeking asylum, and (2) the specific facts on which you are relying to support your claim.
- If evidence supporting your claim is not reasonably available or you are not providing such corroboration at this time, you must explain why, using Form I-589 Supplement B or additional sheets of paper.
- You need to prove your identity, by any means possible If you are including your spouse in your application, submit three copies of your marriage certificate and three copies of proof of termination of any prior marriages
- If you are including any unmarried children under 21years of age in your application, submit three copies of each child’s birth certificate
- One passport-style photograph of yourself and of each family member you are including in your application.
How we can help
Our attorneys are available for consultation to discuss your options and responsibilities. To start the process:
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