Immigration Benefits through Asylum
Every year, thousands of people come to the United States in need of protection
because they have been persecuted or fear they will be persecuted on account of
their race, religion, nationality, membership in a particular social group, or
political opinion. Those found eligible for asylum are permitted to remain in
the United States.
Asylum is a form of protection that allows individuals who are in the United
States to remain here, provided that they meet the definition of a refugee and
are not barred from either applying for or being granted asylum, and eventually
to adjust their status to lawful permanent resident.
The U.S. Asylum Program provides protection to qualified refugees who are
already in the United States or are seeking entry into the United States at a
port of entry. Asylum-seekers may apply for asylum in the United States
regardless of their countries of origin.
Frequently Asked Questions
What is asylum?
Asylum is a form of protection from removal to a country of feared persecution
that allows an eligible refugee to remain in the U.S. and eventually to become a
lawful permanent resident.
Who can apply for asylum?
Individuals of any nationality currently in the U.S. or who are seeking entry at
a port of entry (airport, seaport, or border crossing).
When must I apply for asylum?
Generally you must apply for asylum within one year of your last arrival into
the U.S. Exceptions may apply such as (1) changed circumstances in your home
country that affect your eligibility or (2) extraordinary circumstances related
to your lateness in filing.
Can I apply for asylum if I am here illegally?
Yes. You may apply regardless of your immigration status as long as you file
your application within one year of your last arrival or demonstrate that you
are eligible for an exception to that rule.
Can I apply if I was convicted of a crime?
Yes. However, you may be barred from being granted asylum depending on the
crime.
Can I be barred from applying for or being granted asylum?
You may be barred from applying for asylum if you previously applied for asylum
and were denied by an immigration judge or Board of Immigration Appeals, if you
did not apply within one year of your last arrival, or if you could be removed
to a safe third country pursuant to a bilateral or multilateral agreement. You
may be barred from a grant of asylum due to certain criminal activities,
security-related grounds or if you have been involved in the persecution of
others or are already firmly resettled in another country. Certain exceptions
may apply. If you are barred from applying for asylum, however, you may still be
entitled to withholding of removal, another, more limited form of protection
that can be granted in removal proceedings.
How do I apply for asylum?
To apply for asylum, you will need to complete Form I-589, Application for
Asylum and for Withholding of Removal, and follow the instructions carefully.
What is the fee to apply for asylum?
There is no fee to apply for asylum.
Can I include my spouse and children on my case?
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 child must be under 21 and unmarried to be included as a
dependent on your application. You should bring these dependents with you to
your asylum interview.
Am I subject to security and background checks if I apply for asylum?
Yes. Every individual who applies for asylum is subject to background and
security checks. Depending on the results of these checks, you may be found
ineligible for a grant of asylum.
Will I be fingerprinted if I apply for asylum?
Yes. After you have filed your asylum application, you will receive a notice in
the mail with the time, date and location to have your fingerprints taken at an
Application Support Center.
Can I work after I file for asylum?
You cannot apply for work authorization at the same time you apply for asylum.
However, you can apply for work authorization if 150 days have passed since you
filed your complete asylum application, excluding any delays caused by you, and
no decision has been made on the application. Additionally, if granted asylum
status, you are authorized to work as soon as your asylum case has been
approved.
Can I travel outside the U.S. after I file for asylum?
If you must travel outside the U.S. before a final decision has been made in
your asylum case, you must receive advance permission, also called Advance
Parole before leaving the U.S. in order to return. If you fail to obtain Advance
Parole, USCIS will presume you have abandoned your application and you may be
denied readmission into the U.S. Additionally, if you obtain Advance Parole and
return to the country of feared persecution, USCIS may determine you have
abandoned your application for asylum unless you can provide compelling reasons
for your return.
Can anyone help me with my asylum interview?
You may bring your own attorney or legal representative to the asylum interview
at no cost to the U.S. Government.
How will I be interviewed if I do not speak English?
You will be interviewed through an interpreter. USCIS does not provide
interpreters. You must bring your own interpreter to the interview. If your
interpreter does not speak English sufficiently, your interview may need to be
rescheduled so that you can find a more competent interpreter.
What will happen at my asylum interview?
You will arrive at the asylum office for a non-adversarial interview with an
asylum officer who will verify your identity and ask you basic biographic
questions and the reasons you are applying for asylum. Everything you say at the
interview is confidential. It is very important that you tell the Asylum Officer
your experiences in as much detail as possible so that the Asylum Officer can
determine whether you qualify as a refugee. A decision on your case will not be
made on the same day as the asylum interview.
How does the asylum officer determine if I am eligible for asylum?
The Asylum Officer will determine if you are eligible by evaluating whether you
meet the definition of a refugee and are not barred from a grant of asylum based
on information you provide on your application and during your interview with an
Asylum Officer, as well as other information that may be available to the
officer.
What happens if I am found ineligible for asylum?
If you are found ineligible but hold a valid immigration status or are qualified
to remain in the U.S. (based on Temporary Protected Status or, in some cases,
parole), you will receive a notice of intent to deny your case that explains the
reasons you were found ineligible. You will have the opportunity to rebut these
reasons and provide additional evidence to support your case. If you do not hold
a valid immigration status or are not qualified to remain in the U.S., you will
be placed in removal proceedings and your case will be referred to an
immigration judge who will evaluate your asylum claim anew.
How do I find out the status of my case?
You or your attorney can contact the USCIS Asylum Office that has or will be
conducting your asylum interview.
Where can I find the law?
The legal foundation for asylum comes from Section 208 of the Immigration and
Nationality Act. Federal regulations that explain the eligibility requirements
and procedures for asylum can be found in the Code of Federal Regulations (CFR)
at 8 CFR § 208.
Affirmative Asylum Steps
Step 1: Arrive in the United States
You may be eligible to apply for asylum if you are arriving in the United States
or are already physically present in the United States. You may also be eligible
if you file within one year of arriving in the U.S., with limited exceptions for
unusual circumstances or changes back in your home country.
Step 2: Submit Application
Your asylum claim is filed on Form I-589, Application for Asylum and for
Withholding of Removal. This application must be filed with the correct USCIS
Service Center.
Step 3: Biometrics and Security Checks
If you are at least 13 years old, USCIS will send you a notice to have your
fingerprints taken at the local Application Support Center. USCIS will conduct
an extensive background check using your fingerprints, name and other
information.
Step 4: Interview Notice
In most cases, you will receive a notice stating the date, location, and time of
your asylum interview. The interview notice is usually issued within 21 days of
filing your complete Form I-589.
Step 5: Asylum Office Interview
Asylum interviews are conducted by an Asylum Officer at one of eight asylum
offices located in Arlington, VA; Chicago, IL; Houston, TX; Los Angeles, CA;
Miami, FL; Newark (Lyndhurst), NJ; New York (Rosedale), NY; and San Francisco,
CA or, if you live too far from an asylum office, at a district office. In the
majority of cases, you should be interviewed within 43 days after filing.
Step 6: Eligibility Determination
The Asylum Officer will determine whether you meet the definition of a refugee
in INA § 101(a)(42)(A) and if a bar from being granted asylum under INA §
208(b)(2) applies. A Supervisory Asylum Officer will also review the Asylum
Officer’s decision to determine if it is consistent with the law.
Step 7: Decision
In most cases, you will be asked to return to the asylum office within two weeks
to pick up the decision. USCIS tries to issue decisions within 60 days after you
first filed the application. Decisions may be delayed, however, due to pending
security or background checks. Longer processing times also may be required if
you are currently in valid status, were interviewed at a district office, or if
your case is being reviewed by Asylum Division Headquarters staff.
Immigration Help for Victims of Persecution
D.Ray Mantle assists immigrant victims in
obtaining positive immigration results in a timely, personal, and professional
manner. Your individual circumstances are carefully reviewed by an experienced
immigration attorney to determine which options are available to you. Mr. Mantle
provides guidance and help in gathering the necessary information and documents
for your case, prepares all of the necessary application forms, and also ensures
that your final application meets all government requirements.
If you would like to understand more about the application process and to find out if you qualify for any protections under U.S. immigration law, please contact D.Ray Mantle for a consultation.