OUR IMMIGRATION SERVICESAsylum in the U.S.

Author: Attorney Vitaly Malyuk. License: MO No. 73573

Asylum in the USA: A Lifeline for Those Fleeing Persecution

Since 1975, the United States has provided safety and refuge to more than 3 million people fleeing danger in their home countries. These individuals, known as refugees or asylees, are often forced to leave because they fear persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Persecution can include threats of violence, harm, or death, and many people seek asylum to protect their lives and families.

The U.S. asylum system provides critical protection for people in need. Asylum seekers can apply for protection once they are in the U.S. and demonstrate that they have been persecuted or have a well-founded fear of being persecuted in their home country. The legal basis for granting asylum in the U.S. is found in the Immigration and Nationality Act (INA) and is consistent with international standards set by the 1951 Refugee Convention and 1967 Protocol.

At our firm, we specialize in helping asylum seekers navigate this complex process, providing expert advice and legal representation to ensure that individuals can secure the protection they need.

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U.S. Asylum Process: Important Information and Procedures

How to Apply for Asylum in the United States

If you are already in the United States and fear returning to your home country because of persecution, you can apply for asylum. The process begins with filing Form I-589, which is the official application for asylum. This form should be filed with the U.S. Citizenship and Immigration Services (USCIS), which is part of the Department of Homeland Security (DHS).

In the affirmative asylum process, you will have an interview with a USCIS officer who will assess your eligibility. During this interview, you’ll be asked to provide details about the persecution you’ve faced or the harm you fear if you return to your country. It’s important to be truthful and clear about your experiences. The officer will normally make a decision within 180 days, unless there are exceptional circumstances.

However, proving your case can be challenging, especially if you are unsure of the documents and evidence needed to support your claim. Legal advice is essential to strengthen your claim and prepare effectively for the interview.

Legal Assistance and Other Considerations in the Asylum Process

Defensive Asylum and Legal Challenges

If your application for affirmative asylum is denied and you are in removal proceedings, you can still apply for asylum as a defensive measure in immigration court. This process occurs when you are facing deportation and you argue that returning to your home country would lead to persecution. It’s important to have an attorney represent you at this stage, as immigration courts do not provide free legal representation.

In addition, some asylum seekers may be detained upon arrival in the U.S. and subjected to expedited removal. In this case, a USCIS asylum officer will interview you to determine whether you have a credible fear of persecution. If you pass this interview, your case will move forward. If not, you will face expedited removal proceedings, but you still have the option of applying for asylum in immigration court.

Answers to FAQs

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

Yes, you can apply for asylum even if you entered the U.S. without authorization. Asylum seekers do not need to have legal status to apply for asylum. However, you must show that you face persecution in your home country. If you entered the U.S. illegally, you may be subject to removal proceedings, but you can still apply for asylum during those proceedings.

What happens if my asylum application is denied?

If your asylum application is denied by USCIS in the affirmative asylum process, your case will be referred to an immigration judge for a defensive asylum hearing in immigration court. At this hearing, you can present your case again and argue for asylum. If you do not have legal status and are facing deportation, you must be prepared to show why it is dangerous for you to return to your home country.

Can I work while my asylum claim is pending?

Yes, asylum seekers can apply for work authorization while their application is pending. To be eligible, you must wait at least 150 days after filing your asylum application and then file a labor certification application (Form I-765). If your asylum application is approved, you can continue to live and work in the U.S. and eventually apply for permanent residency.

What kind of evidence should I provide to support my asylum claim?

Evidence is crucial to a successful asylum claim. Common types of evidence include

Personal testimony: A detailed account of the persecution or threats you have faced.
Documents: Police reports, medical records, or evidence of violence.
Country Conditions Reports: Information showing the conditions in your home country that are relevant to your fear of persecution.
Witnesses: Statements from people who can support your claim of persecution.

Your attorney can help you understand what specific evidence will strengthen your case

Can I bring my family members with me when I apply for asylum?

Yes, if you are granted asylum, your spouse and unmarried children under the age of 21 can also apply for asylum. You must include them in your application or file a follow-to-join application if you have already been granted asylum. Family members outside the U.S. can also apply for refugee status.

What is the credible fear interview and how does it affect my case?

The Credible Fear Interview is a critical step for individuals who are detained and subject to expedited removal proceedings. It is an interview with a USCIS officer in which you must demonstrate a credible fear of persecution in your home country. If the officer determines that your fear is credible, you will be allowed to remain in the U.S. while your asylum case is processed. If the officer does not find your fear credible, you may be deported.

Can I leave the U.S. while my asylum case is pending?

Leaving the U.S. while your asylum case is pending can have serious consequences. If you leave the country, your application may be considered abandoned and you may lose your opportunity to receive asylum. If you need to leave for an emergency, it is important to consult with an immigration attorney before making travel plans to understand the risks involved.