Asylum

What is Asylum?

Asylum is a legal protection granted by the United States to people who have suffered persecution or fear persecution in their home country due to:

Race.

Religion.

Nationality.

Belonging to a particular social group.

Political opinion.

The goal is to provide security and the opportunity to rebuild a life in the U.S. “Every year, many people come to the United States seeking protection due to persecution or fear of it in their home country.
To apply for affirmative or defensive asylum, applicants must file their application within one year of arriving in the United States (exceptions apply). Eligible applicants may be permitted to remain in the United States. Dependents, including spouses and unmarried children under 21, may be included in the application.”

Types of Asylum Processes

1. Affirmative Process

Who qualifies?: People who are not in deportation proceedings and are physically present in the U.S.

Procedure: File Form I-589 with USCIS within one year of your last entry into the country.

Interview: An interview with an asylum officer is scheduled to evaluate the application.

Decision: If approved, asylum is granted. If denied and the applicant lacks legal status, the case is referred to an immigration judge for asylum proceedings.

2. Defense Process

Who qualifies?: People in deportation proceedings before an immigration judge.

Procedure: Request asylum as a defense against deportation during an immigration court hearing.

3. Asylum Merits Interview

Who qualifies?: People who passed a credible fear interview after being detained at the border.

Procedure: USCIS holds the case for an asylum interview. If denied, the case is referred to immigration court.

General Requirements

Physical Presence: Be physically present in the U.S. at the time of applying for asylum.

Application Deadline: Submit the application within one year of your last entry into the country, except in cases justified by changes in circumstances or extraordinary situations.

Form: Complete and file Form I-589, Application for Asylum and Withholding of Removal.

Security Checks: Undergo background and security checks, including fingerprinting for applicants between the ages of 12 years and 9 months and 79 years.

Eligibility and Vetoes

Eligibility:

Demonstrate past persecution or a well-founded fear of future persecution based on race, religion, nationality, membership in a particular social group, or political opinion.

Vetoes:

Previous Requests Denied: If an immigration judge or the Board of Immigration Appeals (BIA) has denied a previous application, a new one cannot be filed unless there are significant changes in circumstances.

Safe Third Country: If the applicant can be removed to a safe third country with which the U.S. has an agreement (currently only Canada), they are not eligible for asylum.

Serious Crimes: Felony convictions may disqualify the applicant.

Frivolous Requests: Filing an asylum application that is considered frivolous (false or deceptive) may result in permanent ineligibility for immigration benefits.

Derivative Beneficiaries

Who can be included?: Spouse and unmarried children under 21 years of age present in the U.S.

Procedure: Include them on Form I-589. If asylum is granted, they will also receive asylum status.

Relatives Abroad: After obtaining asylum, you may file Form I-730 to apply for asylum status for your spouse and children who are outside the U.S.

Benefits of Asylum Status

Legal Residence: Permission to live and work in the U.S.

Employment Authorization: Eligibility to apply for an Employment Authorization Document (EAD) 150 days after filing an asylum application, and once the application has been pending for at least 180 days.

Travel Abroad: Eligibility to apply for a Refugee Travel Document (RTD) to travel outside the U.S.

Approximate Costs

Form I-589: It is free of charge.

Fingerprinting: Exempt from fees.

Legal Fees: They vary depending on the lawyer or legal representative.

Translations and Documentation: Additional costs may apply depending on the needs of the case.

Frequently Asked Questions (FAQs)

Can I apply for asylum if I entered the U.S. illegally?

Yes. Eligibility for asylum does not depend on the method of entry into the country. However, it is crucial to submit the application within one year of the last entry, except in justified cases.

What happens if I don’t attend my asylum interview?

If you fail to attend and provide a valid explanation within 15 days, your case may be referred to immigration court if you do not have legal status, or administratively closed if you do have legal status.

Do I need an interpreter for the interview?

Yes, if you are not fluent in English. USCIS does not provide interpreters, except in cases of hearing impairment. The interpreter must be over 18 years of age and cannot be your attorney, witness, or representative of your country’s government.

Can I travel outside the U.S. while my application is pending?

Not recommended. Leaving the country without a Refugee Travel Document may be considered abandonment of the claim and result in the loss of asylum status.

Statement: The concepts explained should not be taken as legal advice, it is a compendium of public information from the INA.

In all cases, consultation with an attorney is recommended to determine your eligibility. At Immigration Document Preparers, we limit ourselves to submitting forms to USCIS correctly based on the information that the client provides us. We do not give advice or legal advice.