Asylum in the U.S.

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Many people come to the United States to flee persecution in their homeland. However, once they reach our shores, they know little about U.S. asylum laws or whether such laws even exist, much less how to make a claim for asylum. Below you will find an overview of asylum in the United States.

Who can qualify to apply for asylum in the United States?

Asylum may be granted to people who are already in the United States and are unable or unwilling to return to their home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. If you are granted asylum, you will be allowed to live and work in the United States. You also will be able to apply for permanent resident status one year after you are granted asylum.

You may include your spouse and any unmarried children under the age of 21 on your own asylum application if your spouse or children are in the United States.

Asylum vs. Refugee

Asylum status and refugee status are closely related. They differ only in the place where a person asks for the status; asylum is asked for in the United States and refugee status is asked for outside of the United States.

Eligibility

To be eligible for asylum in the United States, you must ask for asylum at a port-of-entry (airport, seaport or border crossing), or file an application for asylum within one year of your arrival in the United States. You may still seek asylum later than one year after your arrival if conditions in your country have changed or if your personal circumstances have changed within the past year prior to your asking for asylum, and those changes of circumstances affected your eligibility for asylum. You may also be excused from the one year deadline if extraordinary circumstance prevented you from filing within the one year period after your arrival, so long as you apply within a reasonable time given those circumstances. You may apply for asylum regardless of your immigration status, meaning that you may apply even if you are illegally in the United States.

Interview

Your eligibility will be based on information you provide on your application and during an interview with an Asylum Officer or Immigration Judge. If you have been placed in removal (deportation) proceedings in Immigration Court, an Immigration Judge will hear and decide your case. If you have not been placed in removal proceedings and apply with the INS, an Asylum Officer will interview you and decide whether you are eligible for asylum. Asylum Officers can grant asylum, deny asylum or refer the case to an Immigration Judge for a final decision. If an Asylum Officer finds that you are not eligible for asylum and you are in the United States illegally, the Asylum Officer will place you in removal proceedings and refer your application to an Immigration Judge for a final decision. If you are in valid immigrant or nonimmigrant status and the Asylum Officer finds that you are not eligible for asylum, the Asylum Officer will send you a notice explaining that the INS intends to deny your request for asylum. You will be given an opportunity to respond to that notice before a decision is made on your application.

Working while applying for Asylum

Asylum applicants can not apply for employment authorization at the same time they apply for asylum. Rather, you must wait 150 days after the INS receives a complete application before you can apply for employment authorization.

Do I need an attorney?

It is strongly recommended that you have an immigration attorney assist you with your asylum application. The application itself is several pages long and supporting documents should be submitted with the application. Applications that are submitted without the necessary supporting documents are not as persuasive. An attorney can assist in analyzing your case, completion of the application, compiling of supporting documents, and representation at any interviews and hearings. If you have any doubt about your asylum case, you should retain an attorney.

Fighting for asylum can be a very complicated process. A failure at any level of the proceedings can have a long lasting impact and dangerous results including deportation. An attorney must have knowledge of the immigration system and proceedings. Call 763.300.4468