A Closer Look at How to Submit and Win Your Asylum Case in the United States
I want to provide a comprehensive guide on navigating the asylum process in the United States. The U.S. is known for offering protection and a brighter future to those who have faced or fear future harm in their home countries. However, the asylum process can be lengthy and complex, often taking years to resolve. It’s crucial to
seek legal counsel before submitting your asylum application. The quality of your initial application plays a significant role in determining your case’s outcome, including whether you’ll be granted asylum and eventually achieve U.S. citizenship.
Understanding Asylum Law: INA § 208 (8 USC § 1158)
To qualify for asylum, you must be physically present in the United States. If you are outside the U.S., you cannot apply for asylum but may qualify for refugee status if you’re registered with the UNHCR. The Immigration and Nationality Act (INA) provides protection for individuals who have suffered persecution or have a well-founded fear of persecution due to:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion
If your fear does not fall into one of these categories, you will not qualify for asylum.
Affirmative vs. Defensive Asylum
There are two main types of asylum cases:
- Affirmative Asylum: This involves preparing and submitting an application directly to U.S. Citizenship and Immigration Services (USCIS). Note that certain individuals, such as those already in immigration court or removal proceedings, unaccompanied alien children, or those with pending applications, must follow specific instructions outlined on the Form I-589 webpage.
- Defensive Asylum: This occurs when you seek asylum as a defense against removal proceedings in immigration court. This process is often more complex and involves presenting your case before an immigration judge.
When Should You Apply for Asylum?
The Immigration and Nationality Act imposes a one-year filing deadline for asylum applications. This means you must file within one year of your last entry into the U.S. This rule helps ensure timely applications. However, exceptions to this deadline exist, including changes in personal circumstances, country conditions, or extraordinary circumstances that prevented timely filing.
How to Apply for Asylum
To apply, you must submit Form I-589, Application for Asylum and Withholding of Removal, to either USCIS or the Executive Office for Immigration Review (EOIR). Your application must include a detailed personal statement explaining the harm you faced in your home country and your fear of returning. Supporting documents are crucial and should provide extensive evidence to support your claim. Additionally, under the REAL ID Act, you need to provide documentation proving your identity.
What to Expect After Submitting Your Application
Once USCIS receives your application, you will get a receipt notice indicating the date of submission and a receipt number to track your case. This receipt is important as proof of submission.
Next, you will receive a biometrics appointment notice. This step involves getting fingerprinted and photographed by USCIS, which is essential for processing your application. Missing this appointment can affect your asylum clock, also known as the EAD (Employment Authorization Document) asylum clock.
After your application has been pending for more than 150 days, you may apply for an employment authorization document and Social Security number. However, your work permit and Social Security number will not be issued until at least 180 days have passed since submission and no decision has been made.
If you filed for affirmative asylum and face extensive backlogs, you will receive an interview notice to appear before an asylum officer at a USCIS office. The outcome of this interview will determine the fate of your asylum case. If granted, you will be able to apply for a green card (permanent residence) and later for U.S. citizenship.
If your application is not granted, it will be referred to an immigration court for further review by an immigration judge. This does not mean your case is denied but indicates that it will receive another level of review.
I hope this guide provides clarity on the asylum process. Seeking legal advice is crucial to navigate these complexities successfully. If you have any questions or need assistance, please do not hesitate to reach out.
