How to Apply for Asylum in the United States: Step-by-Step Guide

How to Apply for Asylum in the United States: Step-by-Step Guide

The United States provides protection to thousands of individuals each year who are facing persecution or have a well-founded fear of persecution due to their race, religion, national origin, or membership in a social or political group.

If you are in a similar situation and wish to apply for asylum in the United States, here’s a step-by-step explanation of the process:

Step 1: Understand the Difference Between Asylum and Refuge

To be eligible for asylum or refugee status, you must meet the criteria of a refugee as defined by the Immigration and Nationality Act (INA).

The INA considers a refugee as any “person who is persecuted or has a well-founded fear of persecution because of race, religion, nationality, or membership in a particular social group or political opinion, and who is unable or unwilling to return to [the country of origin] and take advantage of the protections of that country.”

However, it’s essential to note that the application process differs for refugees and asylees:

1. Refugee Status: If you are seeking refugee status, you must apply from outside the United States.
2. Asylum Status: If you are seeking asylum status, you can apply from within the United States or at a port of entry (such as a transit point, airport, or seaport) upon arrival.

Step 2: Understand the Difference Between Affirmative and Defensive Asylum

There are two types of asylum applications: affirmative asylum and defensive asylum.

1. Affirmative Asylum: This procedure applies to those who request asylum and are not facing any deportation proceedings. The steps for affirmative asylum are as follows:

1. File an asylum application using Form I-589.
2. Undergo fingerprint collection and a background check.
3. Receive a notice for an asylum interview.
4. Applicants must attend the interview along with their spouse or children who are also seeking asylum benefits. If they are unable to speak English, they must bring an interpreter.
5. An asylum officer will assess your eligibility, and a monitoring officer will review the decision.
6. In most cases, approximately two weeks after the interview, applicants must return to the Asylum Office to receive a decision on their application.

2. Defensive Asylum: If U.S. Citizenship and Immigration Services (USCIS) does not grant affirmative asylum, applicants will enter deportation proceedings.
3. During this process, they can file a new asylum application through the defensive asylum process. They will have to appear before an immigration judge for this process.

Step 3: Timeframe for Asylum Decision

According to the USCIS, except for special circumstances, they aim to make a decision on the asylum application within 180 days from the date of filing the application.

Remember, the asylum application process is complex, and seeking legal counsel or assistance from immigration organizations can be helpful throughout the process.

Please note that the statistics provided in the original text are from the 2019 annual report and may not be up to date.