Asylum (General Guide) (Copy)

Jan 3

Applying for asylum in the United States is a complex legal process, and it's highly recommended to seek assistance from an immigration attorney or a qualified legal representative. Asylum seekers must meet specific criteria and follow established procedures. Here is a general guide on how to apply for asylum:

1. Eligibility:

To be eligible for asylum, an individual is required to provide evidence demonstrating either that they have suffered persecution on account of a protected ground in the past, and/or that they have a “well-founded fear” of future persecution in their home country based on race, religion, nationality, membership in a particular social group, or political opinion.

2. Timing:

You must apply for asylum within 1 (one) year of your arrival in the United States. Exceptions may be made for changed circumstances or extraordinary circumstances that prevented a timely filing.

3. Complete Form I-589:

Obtain and complete Form I-589, Application for Asylum and Withholding of Removal. The form is available on the U.S. Citizenship and Immigration Services (USCIS) website.

4. Gather Supporting Documents:

Collect supporting documents that demonstrate your eligibility and the basis for your claim. This may include personal statements, affidavits, country condition reports, and any other evidence supporting your case.

5. Find Legal Representation:

It's highly advisable to seek legal representation. An immigration attorney or a reputable immigration organization can guide you through the process, help prepare your case, and ensure that you meet all legal requirements.

6. Submit the Application:

Mail the completed Form I-589 and supporting documents to the appropriate USCIS service center. Check the USCIS website for the most current address.

7. Biometrics Appointment:

After submitting your application, you will be scheduled for a biometrics appointment to provide fingerprints, photographs, and a signature.

8. Attend Asylum Interview:

USCIS will schedule an interview to assess the credibility of your asylum claim. It's crucial to be prepared and truthful during the interview.

9. Wait for Decision:

USCIS will make a decision on your asylum application. If approved, you will be granted asylum status. If “denied” referred, you may be referred to immigration court for removal proceedings.

10. Asylum Hearing (if necessary):

- If your application is “denied” referred to Immigration Court, you may have the opportunity to present your case before an immigration judge during a removal hearing.

11. Obtain Work Authorization:

- If your asylum application is pending for 150 days without a decision, you may be eligible to apply for employment authorization.

12. Adjustment of Status:

- After one year of being granted asylum, you may be eligible to apply for permanent residency (green card).

***It is crucial to note that the asylum process can be highly complex, and the information provided here is a general guide. Individual circumstances may vary.