Seeking asylum in the United States is a long and complex process, but it offers a path to citizenship for those fleeing persecution in their home countries. This article provides an overview of asylum eligibility requirements, the application process, and tips for successfully obtaining asylum status.
What are the requirements for asylum?
To qualify for asylum in the US, you must meet the legal definition of a “refugee” by demonstrating that you:
- Are located in the United States or seeking entry at a port of entry
- Have suffered persecution or fear future persecution based on race, religion, nationality, political opinion, or membership in a particular social group
- Are unable or unwilling to avail yourself of the protection of your home country
You must apply for asylum within one year of arriving in the US unless you can demonstrate changed or extraordinary circumstances. Asylum applicants undergo extensive background checks to ensure they do not pose threats to national security.
How do I apply for asylum?
You can apply for asylum in two ways:
- Affirmative asylum application: If you are not in removal proceedings, you can proactively apply for asylum through USCIS by submitting Form I-589, paying an application fee, and attending a biometrics appointment.
- Defensive asylum application: If you are already in removal proceedings in immigration court, you can claim asylum as a defense against removal by submitting Form I-589 to the immigration judge.
Regardless of how you apply, the asylum process involves submitting documentation, undergoing interviews and/or hearings, and navigating the lengthy backlogs in the system. Most asylum seekers face wait times of at least six months to have their cases adjudicated.
What evidence do I need for an asylum application?
Providing convincing evidence is crucial for obtaining asylum. Examples of important documents to submit include:
- Passport and other ID documents
- Proof of nationality such as birth certificates
- Materials documenting the persecution you faced such as news reports, letters, photographs, hospital records, etc.
- Evidence that the government is unable or unwilling to protect you
- Any other identity or travel documents
Written affidavits explaining your experiences and fears, letters of support from experts on conditions in your home country, and physical evidence of harm suffered (such as scars from torture) also help demonstrate why you merit asylum.
What happens after I apply?
After applying, asylum seekers undergo the following steps:
- Background check: All applicants undergo security screening and fingerprinting.
- Asylum interview: You will be interviewed by an asylum officer from USCIS, who determines if you meet the definition of a refugee with a credible fear of persecution.
- Hearing with immigration judge (for defensive applications only): If you filed defensively, an immigration judge will hear your case and make a decision.
- Decision: For affirmative applications, the asylum office will approve or refer your case to immigration court. Judges decide on defensive applications. If approved, you can remain in the US as an asylee.
- EAD application: Once your application has been pending for 150 days, you can apply for an Employment Authorization Document to work legally in the US.
This entire process often takes over two years. Applicants with lawyers have higher rates of success.
Can my family seek asylum with me?
If you are married, you can include your spouse and any unmarried children under 21 years old as derivatives on your asylum application. This allows them to derivatively acquire asylum status if you are approved. To include family, submit their documents and passports with your application.
What are my rights if I’m granted asylum?
If your asylum application is approved, you gain the following benefits:
- Permission to remain in the US: Asylees can live and work in the US indefinitely.
- Work authorization: Asylees can obtain an EAD to work legally.
- Ability to apply for a Social Security Number: With work authorization, asylees can apply for an SSN and gain access to certain social services.
- Permission to travel abroad: Asylees may apply for a Refugee Travel Document to travel outside the US.
- Path to a green card: 1 year after being granted asylum, you can apply to adjust your status to a permanent resident.
However, asylum does not confer many of the rights of citizenship. For that, you must naturalize to become a US citizen.
When can I apply for US citizenship?
Asylees are eligible to apply for US citizenship through naturalization once they meet these requirements:
- Have been physically present in the US as an asylee for at least 1 year
- Have been residing continuously in the US for at least 4 years and 3 months
- Are at least 18 years old
- Are able to read, write, and speak basic English
- Pass U.S. history and government tests
- Are of good moral character
- Pay the naturalization fee
The entire naturalization process usually takes 6-12 months. You will undergo interviews, biometrics screening, and tests on English & civics before attending a citizenship ceremony.
What obstacles may arise in the asylum process?
There are many hurdles asylum seekers face in obtaining protection in the US:
- Being placed in detention during or after your application
- Having difficulty paying the application fees
- Experiencing long processing delays due to backlogs
- Being denied due to lack of credible evidence or failure to meet eligibility
- Risk of deportation if your asylum is denied, requiring appeals
- Difficulty obtaining legal counsel and navigating complex laws
These challenges make seeking asylum a very difficult and uncertain process. Working with an experienced immigration lawyer improves your chances of success.
Helpful tips for obtaining asylum
Here are some useful tips for asylum seekers to strengthen their cases:
- Consult an immigration attorney – Legal assistance greatly improves approval odds.
- Gather documents and evidence – Have originals or certified copies to corroborate your story.
- Work with expert witnesses – Testimony from country experts bolsters credibility.
- Submit your application ASAP – Applying within 1 year is ideal unless exceptions apply.
- Discuss your case thoroughly with your attorney – Ensure you understand the process and how to best articulate your experiences in interviews.
- Follow news related to your home country – Stay up to date on conditions to respond knowledgeably during asylum adjudication.
- Comply with check-in requirements – Fulfilling ICE or USCIS requirements demonstrates good faith.
Remember that each asylum case depends on its unique circumstances. With strong legal help and an organized application, your chances of being granted asylum improve.
Conclusion
Obtaining asylum in the United States provides life-saving protection for those persecuted in their home countries. But the multi-year process comes with inherent challenges and risks of denial. Educating yourself on asylum eligibility and procedures, working closely with an immigration attorney, and submitting a compelling application with ample supporting evidence gives you the best chance of being granted asylum. If approved, you can live and work permanently in the US while establishing a path to citizenship through naturalization.