Asylum is a protection granted to a foreign nationals who are already in the US (through affirmative asylum) or arriving at the border (through defensive asylum) who meets the definition of refugee – a person, wo is unable or unwilling to return to his or her home country, and cannot obtain protection in that country, due to past persecution or a well-founded fear of being persecuted in the future “on account of race, religion, nationality, membership in a particular social group, or political opinion.

Affirmative Asylum

An applicant seeking affirmative asylum:

• must meet the definition of a refugee
• cannot return to his (her) home country due to fear
• must be present in the US
• should not in removal proceedings

Affirmative asylum applicant must apply for asylum within one year of the date of their last arrival in the United States, unless you can show:

• Changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances relating to the delay in filing
• You filed within a reasonable amount of time given those circumstances.

Process

An asylum seeker can apply for affirmative asylum by submitting Form I-589, Application for Asylum and for Withholding of Removal to USCIS. There is no filing fee for I-589.

The asylum applicant has the burden of proving that he (she) meets the definition of refugee, and it usually requires submission of extensive evidence demonstrating that the applicant has a well-founded fear of future persecution in their home country.

While I-589 is pending, the applicant may receive employment authorization,  apply for social security card, receive permission to travel outside of the US, petition to bring family members in the US, receive Medicaid or refugee medical assistance. and work in the US.

USCIS will schedule your initial interview to make decision on you I-589. At this time, it is impossible to predict the processing time; it could take up from 1 to 4 years before USCIS schedule an initial interview.

USCIS will not provide an attorney or translator at the initial interview. The initial interview is the most critical step in the process. The applicant is solely responsible to present his (her) testimony and evidence at the initial interview to convince the immigration officer that he (she) meets the definition of refugee. The applicant should bring his spouse and children to the interview.

Once asylee status is granted, the asylee is eligible to apply for green card (permanent residency) one year after asylum was granted. Once asylee becomes a permanent resident, he(she) must wait four years to apply for citizenship.

Defensive asylum

If the affirmative asylum case is not approved, USCIS will issue a Form I-862, Notice to Appear, and forward the case to an Immigration Judge at the Executive Office for Immigration Review (EOIR). In this case, the applicant may seek defensive asylum. An individual must apply for defensive asylum if he (she) is currently in removal proceedings.

In defensive asylum, the court will ultimately decide whether to grant defensive asylum. If the court denies the case, the applicant is subject to deportation. If the defensive asylum case is denied by the court, there are limited options available to stop the deportation, and it is recommended to work with an immigration attorney. If the case is approved, the applicant and his (her) family receives asylee status.

An experienced and knowledgeable immigration attorney can help to navigate through the complicated and frustrating asylum application process and ensure that your rights are protected. Schedule a consultation with our attorney today to evaluate your chances to receive asylum in the US.