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Asylum is the legal protection the United States government provides to a person who demonstrates “credible fear” of persecution in their home country. A refugee’s fear could be due to race, religion, nationality, political opinion, or membership in a particular social group. There are two different forms of gaining asylum with the United States government:

  1. The first way is by obtaining affirmative asylum; this is for asylum seekers who have not yet begun the deportation process in court. With this process, the asylum application is not filed in court but sent to an asylum officer for review. If the asylum officer denies the case, it is sent to immigration court to be handled by an immigration judge.
  2. The second way to obtain asylum is by filing a defensive asylum with the United States government; this is for asylum seekers who already have a court date in the immigration court. Those who file a defensive asylum must prove their case before an Immigration Judge at the Executive Office for Immigration Review (EOIR).

The process of seeking asylum can be lengthy and may contain many caveats. The following is a list of methods you or someone you know may go through when seeking asylum. NOTE: These steps are for individuals seeking asylum through an affirmative asylum process. These steps DO NOT apply to asylum seekers through an asylum merits interview or a defensive asylum process.

  • Be in the United States.The applicant must physically be in the United States to apply for asylum.
  • Apply for asylum. Within the first year of being in the U.S., the applicant must file Form I-589, Application for Asylum and for Withholding of Removal. An applicant may be ineligible to apply for asylum if:
    • They fail to apply within the first year of their arrival.
    • Can safely be moved to another country based on a multi-party agreement between the United States and the other country.
    • Have had a previous asylum application denied by the Board of Immigration Appeals or an immigration judge.
  • Provide fingerprints and background checks.All applicants must go through a fingerprinting and background/security check process. We recommend that you read the ASC Appointment Notice and take it with you when your fingerprints are taken.
    • If your spouse or child also requests asylum in the United States, they should go with you to your appointment.
  • Wait for an interview notice.Depending on where you live, your interview will be scheduled with an asylum officer. The USCIS Asylum Division has been scheduling interviews on a priority basis since January 29th, 2019. The following priorities are as follows:
    • First Priority:Applicants that needed to reschedule their application interviews based on their request or at the request of USCIS.
    • Second Priority:Applications with a pending status within twenty-one days of filing or less.
    • Third Priority:All other pending asylum application interviews will be scheduled, starting with current filings and working backward to older filings.
    • Please note that all asylum interviews are handled on a case-by-case basis; therefore, applicants should not expect to have the same experience as other applicants.
  • You may have an attorney present with you during your interview. If you have witnesses you choose to testify on your behalf, they will also be allowed to be present during your consultation, and if you are unable to speak English, an interpreter may join you as well. The interview typically lasts around an hour, although every case is different.
  • A determination is made.After your interview, an asylum officer will determine your eligibility to come to a decision.
  • The decision.Certain factors can cause your processing time to be delayed. However, a determination is usually made within two weeks after your interview.

If you or a loved one has a “credible fear” of persecution from your home country, Rivera Law wants you to know you are not alone. Are you seeking asylum? Contact us today! You may visit our website at attorneyrivera.com OR call our office at 561-651-9322.