Deadline to Apply for Asylum

If you are seeking asylum in the United States, it is crucial to adhere to specific deadlines and understand the benefits you may receive as an asylum seeker. Below is important information presented in a formatted manner:

Deadline to Apply for Asylum: Individuals must file Form I-589 with USCIS to apply for asylum within one year of their most recent arrival in the United States. However, applicants can demonstrate that the delay was exceptional due to exceptional circumstances or changes that materially affected their eligibility for admission. Special circumstances within one year include:

1. Aggression or acts of extreme cruelty towards you, your child, parent, or mother.
2. Serious illness of your spouse, child’s father, or mother.
3. Death of your spouse, child’s father, or mother.

For a complete list of special cases, you can check them out here.

Decision Outcomes by USCIS: After applying for asylum, USCIS will make one of the following decisions:

1. Grant of Asylum: If USCIS determines the applicant is eligible, they will receive a letter and a Form I-94. Asylum may also be granted to spouses and children under 21 years old who are included in the application and have a benefit-eligible relationship.
2. Referral to Immigration Court: If USCIS does not approve the asylum application and the applicant is in the U.S. illegally, the case will be referred to immigration court. This is not a denial but an additional evaluation. The referral includes spouses and children under 21 who are part of the asylum application.
3. Notification of Intent to Deny (NOID): If an applicant is found ineligible for asylum, they will receive a NOID explaining the reasons for refusal. The applicant has up to 16 days to respond in writing, providing arguments in favor of granting asylum or submitting new supporting evidence.
4. Final Denial: If the applicant fails to respond to the NOID within the given period or submits additional information that is also denied, they will receive the NOID and a final denial letter. Denial applies to any dependents included in the application.

If the initial application is refused, the applicant can reapply for asylum, but they must show that the circumstances affecting their eligibility have changed.

Benefits Received as an Asylum Seeker: Asylum seekers are protected against deportation to their country of origin and can receive the following benefits:

1. Apply for an Employment Authorization Document (EAD).
2. Apply for a social security card.
3. Apply for a permit to travel abroad.
4. Sponsor certain family members for refugee or asylum status, regardless of whether they are outside the United States.
5. Access to government programs such as Refugee Medical Assistance (RMA) and Refugee Cash Assistance (RCA).

After one year, the asylum seeker can apply for lawful permanent resident status. Once granted, the asylum seeker must wait four years before applying for citizenship. Additionally, eligible spouses and children included in the asylum application may remain in the United States to work and seek lawful permanent residence.

Cancellation of Asylum Status: Asylum status granted by the United States does not expire, but USCIS may revoke it under certain circumstances, such as no longer having a fear of persecution due to significant changes, obtaining protection from another country, fraudulent asylum acquisition, or committing certain crimes that make you ineligible for asylum.