The asylum process in the United States is designed to protect individuals who have fled their home countries due to persecution. While it can be a complex and challenging journey, understanding the key aspects of the process can help applicants navigate their cases effectively. As a new administration has just begun, please note that the information in this blog should always be supplemented with the most recent information available and a consultation with an experienced immigration attorney.
What Is Asylum?
Asylum is a form of protection granted to people who have suffered persecution or who have a well-founded fear of persecution due to race, religion, nationality, political opinion, or membership in a particular social group. If you are granted asylum through the asylum process, you can remain in the U.S., work legally, and eventually apply for lawful permanent residency and citizenship.
Who Is Eligible for Asylum?
To be eligible for asylum in the U.S., an individual must:
- Be physically present in the U.S. or arriving at a U.S. port of entry
- Demonstrate a well-founded fear of persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group
- File an asylum application within one year of arrival, unless there are extraordinary circumstances or changes in conditions that justify a delay (like serious illness or physical disability since arriving)
- Not be barred due to prior criminal convictions or other ineligibility factors such as posing a security threat
What Happens During the Asylum Process?
1. Filing the Application
The asylum process begins with filing Form I-589, Application for Asylum and for Withholding of Removal, with the U.S. Citizenship and Immigration Services (USCIS). This application must be submitted within one year of the applicant’s arrival in the U.S.
2. Fingerprinting and Background Check
After filing Form I-589, the applicant will receive a notice to attend a biometrics appointment for fingerprinting and a background check.
3. Asylum Interview or Immigration Court Hearing
There are two primary types of asylum cases:
- Affirmative Asylum: If an applicant is not in removal proceedings, they will attend an interview with an asylum officer at a USCIS office. The officer will review the case and determine eligibility.
- Defensive Asylum: If an applicant is already in deportation proceedings, they must present their asylum case before an immigration judge as a defense against removal.
4. Decision on the Application
For affirmative asylum applicants, USCIS typically issues a decision within 180 days, although delays are common. If asylum is granted, the applicant can remain in the U.S. and apply for a work permit. If denied, the case may be referred to an immigration judge, where the applicant can appeal.
For defensive asylum applicants, the immigration judge will decide whether to grant asylum. If denied, the applicant can appeal to the Board of Immigration Appeals (BIA) and, if necessary, to federal courts.
Why Is Working with an Experienced Immigration Attorney So Important?
Navigating the asylum process can be difficult, and some of the most common challenges include:
- Gathering strong evidence to support claims of persecution
- Overcoming credibility concerns during interviews and hearings
- Meeting critical deadlines and procedural requirements
- Handling delays in processing times
- Changing laws and regulations
An experienced immigration attorney can help applicants prepare a compelling case, gather necessary documentation, and provide representation during hearings.
Partner with an Experienced Personal Immigration Attorney at The Law Office of Elizabeth Anu Lawrence
If you or a loved one need help working through the asylum process, choose an experienced firm like the Law Office of Elizabeth Anu Lawrence to give you the help you need. Please give us a call at 443.352.3201. Skype and telephone consultation are both available to clients.