The United States has always been, even before it was an independent country, a place of refuge for people fleeing persecution or seeking a haven in which to start a new life. This article explains the fundamentals of the asylum-seeking process for the U.S., including:
- When and where to file for asylum.
- Who is eligible to seek asylum status in the United States.
- How to apply for asylum and what documents need to be attached.
Can I File For Asylum In The U.S.?
Asylum is an application for immigration benefits that must be filed when a person is inside the U.S. An asylum application must show that the applicant has a credible fear of persecution for a protected reason in their home country.
If you fail to apply for asylum within one year of entering the United States, it becomes much more difficult to do so.
Am I Eligible For Asylum In The U.S.?
To be eligible for asylum, you must be:
-
- Inside the United States
- Able to demonstrate that you were persecuted or have a fear of persecution in your home country due to at least one of the following reasons:
- Race
- Religion
- Nationality
- Social group
- Political opinion
What Is The Procedure For Applying For Asylum?
In order to apply for asylum status within the United States, you must:
- File asylum application Form I-589 within one year of arriving in the U.S.
- File your application for work permission (an Employment Authorization Document or EAD) no sooner than 150 days after your asylum application is received.
Where And How Do I Apply For Asylum?
Where and how you apply for asylum depends on whether you are in removal proceedings or not. Being in removal proceedings means you have a pending case in Immigration Court against you.
If you are not in removal proceedings, you can file an affirmative asylum application with the U.S. Department of Homeland Security.
If you are in removal proceedings, you must file the asylum application with the Immigration Court, but you also need to send notice of the asylum application to the U.S. Department of Homeland Security so biometrics can be completed.
Given the importance of these procedures, it is often best to work with an attorney who can also help ensure that you have all the correct documentation.
Attorney Nancy Robinett is a compassionate immigration lawyer from Minneapolis, Minnesota, who has helped refugees and asylum seekers from around the world obtain safety, security and residency in the United States. Her advice and guides are backed by 20 years of legal experience and countless successful applications.
Have you arrived in the U.S. fleeing persecution? Afraid that if you are sent home, you might be hurt or killed? Contact Robinett Law PLLC today to schedule an initial consultation.
Call For A Free Consultation Existing Clients: (612) 987-4803 | New Clients: (612) 662-6582
What Documents And Information Should Accompany My Asylum Application?
In order to have a chance at being accepted, you must provide sufficient evidence, including documents and information, to support your asylum claim.
Generally, the most important document to support the claim is your personal statement. This statement is a very detailed and factual account of the circumstances of your life, including the persecution that occurred, to support the asylum claim.
While your own testimony is valuable and essential, it must also be credible and backed up by additional evidence. For example, supporting testimony from other witnesses and supporting documentation of acts of persecution and the conditions for your protected category in your home country are also valuable and should be included in your asylum application to the greatest extent possible.
Before submitting your application, it is generally a good idea to have an immigration attorney review it for completeness and to ensure no errors slip through.
Have More Questions? Ready To Get Started?
For more information on Filing For Asylum In The U.S., an initial consultation is your next best step. Get the information and legal answers you are seeking by calling Existing Clients at (612) 987-4803 or New Clients at (612) 662-6582 today.
Attorney Nancy Robinett is a compassionate immigration lawyer from Minneapolis, Minnesota, who has helped refugees and asylum seekers from around the world obtain safety, security and residency in the United States. Her advice and guides are backed by 20 years of legal experience and countless successful applications.
Have you arrived in the U.S. fleeing persecution? Afraid that if you are sent home, you might be hurt or killed? Contact Robinett Law PLLC today to schedule an initial consultation.
Call For A Free Consultation Existing Clients: (612) 987-4803 | New Clients: (612) 662-6582
