The United States has long welcomed refugees and offered them asylum, giving them a chance to start a new life. However, recent changes to asylum rules have made it harder for refugees to enter the U.S. and start over, making it more critical than ever to understand how to file for asylum in the U.S. correctly.
The Law Office of William Jang is committed to helping asylum seekers find a new home and peace of mind. Our attorneys can walk you through the process step by step. That way, you have the best chance of a successful application and help avoid being forced to return home.
Who Qualifies for Asylum in the U.S.?
According to U.S. Citizenship and Immigration Services (USCIS), the U.S. offers asylum to people fearing or fleeing persecution in their home country based on their:
- Race
- Religion
- Nationality
- Membership in a social group
- Political beliefs
Types of Asylum Applications
The two main types of asylum applications in the U.S. are:
Affirmative Asylum
Affirmative asylum is for people already in the country. Applicants cannot be in deportation or removal proceedings. This process is voluntary—you’re asking the government to let you stay because you fear returning to your home country. USCIS will schedule an interview with an asylum officer, who will review your case and decide whether you qualify. If USCIS denies your application and you don’t have legal status, they may refer you to immigration court to seek asylum there.
Defensive Asylum
Defensive asylum is for people facing removal or deportation. It happens when you ask an immigration judge for asylum as a defense against being sent to your home country. You can reach this point if officials arrest you at the border, catch you without legal status, or refer you after a denied affirmative asylum claim. These cases involve courtroom hearings instead of interviews with USCIS.
Step-by-Step Guide to Filing for Asylum
The affirmative asylum process is the most common method for seeking asylum in the U.S. The steps to seek affirmative asylum include:
- Step 1: Arrive in the U.S. – You must be physically present in the U.S. to apply for asylum. You can enter the country lawfully or unlawfully. However, applicants who enter the U.S. illegally face more scrutiny.
- Step 2: File Form I-589 – Submit Form I-589 (the Application for Asylum and for Withholding of Removal) to USCIS within one year of your arrival. There is no filing fee.
- Step 3: Receive Receipt Notice – After USCIS accepts your application, they’ll send a notice confirming that they received it.
- Step 4: Get Fingerprinted – You’ll receive an appointment notice for biometrics at a USCIS Application Support Center. Bring a photo ID and follow the instructions carefully to avoid delays or other issues with your application.
- Step 5: Attend Asylum Interview – After taking your fingerprints and other biometric data, USCIS will schedule an interview with an asylum officer. This meeting is your chance to explain your fear of persecution in detail. You may bring a lawyer and interpreter to help you make your case.
- Step 6: Wait for Decision – After your interview, USCIS will either grant your asylum or refer your case to immigration court. Most applicants receive a decision within a few weeks, though delays are common.
- Step 7: Apply for Work Authorization – If 150 days have passed since you filed and there’s no decision, you can apply for a work permit using Form I-765.
Documents and Evidence Needed
Not having the correct documents or evidence makes it harder to convince USCIS to approve your asylum application. Proper evidence and documents are significant when you attend your asylum interview. Here’s what to bring with you:
- A valid passport or other travel documents
- Your birth certificate or national ID
- Your copy of Form I-589
- A written statement explaining why you’re seeking asylum
- Police reports or medical records showing past harm you’ve suffered or threats against you or your family
- News articles or other evidence supporting your fear of persecution
- Photos, letters, or emails that support your story
- Affidavits (written legal statements) from witnesses or family members
- A marriage certificate or birth certificates for family members included in your application
- Any documents translated into English with a certification from the translator
Contact Our Austin Immigration Attorneys for Help
The rules surrounding immigration and asylum in Texas proceedings change frequently and, in many cases, with little to no warning. Without legal help, your chances of a successful asylum application are much lower. The Law Office of William Jang, PLLC can guide you through the asylum process and help you avoid common mistakes. Our team is here to help you understand your rights and take the first step toward securing the necessary benefits. Call now or complete our contact form for a consultation.
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