Asylum in the United States protects people fleeing persecution in their home country. For many, it is the only path to safety when returning home would mean danger. Because of their large immigrant populations and strong legal aid systems, many asylum seekers travel to California and New York.
The process can feel overwhelming. What should applicants expect, and how does someone apply for asylum in the U.S.? This guide covers eligibility, procedures, and common challenges to help you or a loved one understand the asylum system.
In this blog, we'll explore:
What Is Asylum?
Asylum is a form of protection under U.S. immigration law. If granted, it allows a person to:
- Stay in the U.S. without fear of deportation
- Live and work legally
- Apply for permanent residency and, eventually, citizenship
- Sponsor their spouse and unmarried children under 21
For those who cannot return to their home country due to persecution, asylum provides crucial legal defense. Certain claims may involve asylum in a particular social group, such as survivors of domestic violence, LGBTQ+ individuals, or those targeted due to family or community affiliations.
How Does the Asylum Process Work in the U.S.?
Asylum offers legal protection for individuals persecuted in their home country. Once granted asylum, individuals cannot be deported and can pursue U.S. citizenship and permanent residency.
Legal Basis for Asylum
The U.S. asylum system is based on international human rights law, including:
- The 1951 Refugee Convention
- The 1967 Protocol
- The Refugee Act of 1980
These laws are administered by the Department of Homeland Security (DHS), with oversight and guidance from the Executive Office for Immigration.
Asylum seekers must show they fear persecution based on:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
Claims involving persecution in a particular social group can include survivors of domestic violence, LGBTQ+ individuals, people targeted due to family ties, or members of specific ethnic or tribal communities. These cases often require legal representation to explain why the applicant qualifies.
How Does the Asylum Process Work? Recognizing the Two Kinds of Applications
There are two main ways to apply for asylum in the U.S.:
Affirmative Asylum Process
For individuals not under removal proceedings, the affirmative process allows direct application through U.S. Citizenship and Immigration Services (USCIS).
Steps:
- File Form I-589: Must be submitted within one year of arrival in the U.S.
- Biometrics Appointment: Applicants provide fingerprints and undergo background checks.
- Asylum Interview: Conducted by a USCIS officer to assess eligibility.
- Decision: If approved, asylum is granted. If denied and the applicant lacks legal status, the case is forwarded to an immigration court for defensive asylum, often reviewed by the Office for Immigration Review.
Defensive Asylum Process
Defensive asylum is a defense against deportation for individuals already under removal proceedings.
Steps:
- Master Calendar Hearing: The immigration judge schedules deadlines.
- File Form I-589 with the court.
- Individual Hearing: The applicant presents their case.
- Decision: Asylum is granted or denied. Appeals may be filed with the Board of Immigration Appeals under the Executive Office for Immigration.
Eligibility Requirements for Asylum
Applicants must meet the following criteria:
- Well-Founded Fear of Persecution: Past persecution or reasonable fear of future persecution.
- Persecution Based on a Protected Ground: Race, religion, nationality, political view, or membership in a particular social group.
- Timely Filing: Form I-589 must be filed within one year of entering the U.S.
- No Bars to Asylum: Applicants may be disqualified if they harmed others, committed serious crimes, pose a security threat, or were previously denied asylum.
Where to File an Asylum Application
- Affirmative Asylum: File Form I-589 with USCIS, attend biometrics, and complete the asylum interview.
- Defensive Asylum: File Form I-589 with the immigration court handling the removal case.
Problems in the Asylum Procedure
Applicants often face several difficulties:
- High Burden of Proof: Must provide strong evidence such as personal testimony, supporting documents, and expert statements.
- Long Processing Times: Immigration court backlogs can cause delays of several years.
- Emotional Toll: Retelling traumatic experiences may lead to PTSD, anxiety, or depression.
- Risk of Denial & Deportation: Denied applications may result in deportation, though appeals are possible.
- Variability in Outcomes: Case results can depend on the jurisdiction, the judge, and quality of legal representation.
- Safe Third Country Agreements: Some asylum seekers face additional hurdles due to U.S. agreements with other countries.
- Credible Fear Interviews: Conducted by Customs and Border Protection CBP at the border to determine if a claim is valid.
- Detention and Limited Legal Access: Detained asylum seekers may struggle to gather evidence or contact legal counsel.
- Changing Immigration Policies: Policy shifts can impact eligibility and procedures.
Agencies Involved in the Asylum Process
Steps to Strengthen an Asylum Claim
- Gather Strong Documentation: Include medical records, police reports, affidavits, and other supporting evidence.
- Seek Legal Assistance: Experienced attorneys help navigate the complex process.
- Prepare for the Interview: Provide detailed, consistent, and truthful testimony.
- Stay Informed on Policy Changes: Keep updated on legal developments to make informed decisions.
Frequently Asked Questions (FAQ)
How long does the asylum process take?
- Affirmative cases: months to years
- Defensive cases: often longer due to court delays
Can I work while my asylum case is pending?
Yes. Work authorization may be requested after 150 days if the case is pending.
What happens if my asylum case is denied?
- USCIS denial: referred to immigration court
- Immigration judge denial: may appeal to the Board of Immigration Appeals (BIA)
Can my family join me if I am granted asylum?
Yes. Individuals can apply for family reunification for their spouse and children.
Conclusion
Understanding the U.S. asylum process is essential for anyone seeking protection. DHS, USCIS, ICE, CBP, the Executive Office for Immigration, and the Office for Immigration Review all play a role. Navigating the system can be challenging without legal help.
An experienced asylum attorney can improve approval chances by gathering evidence, preparing for interviews, and representing clients in court.
At Aftalion Law Group, we guide asylum seekers through every step. We help clients build strong claims based on race, religion, nationality, political opinion, or membership in a particular social group. Whether the claim involves domestic violence, LGBTQ+ identity, or other protected categories, our attorneys present cases effectively and persuasively.
📞 Contact Aftalion Law Group for a FREE Case Evaluation Today!
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Essential Ideas
- Asylum protects individuals fleeing persecution
- Applicants must prove a well-founded fear of harm
- Two asylum paths exist: affirmative and defensive
- Strict eligibility rules and filing deadlines apply
- Legal guidance improves approval chances