How to Apply for Asylum

Knowing when to apply for asylum is crucial to protecting anybody seeking refuge in the United States after facing persecution in their home country. The United States has a well-established asylum system that is based on federal and international human rights law. Changing standards and executive priorities create hidden traps and pitfalls that require diligent work to uncover.

Navigating the asylum system can be daunting and confusing, especially for those unfamiliar with immigration law. Therefore, we'll provide a comprehensive guide on applying for asylum in the United States, including criteria, processes, and supporting evidence.

When You Should Apply for Asylum

Anybody who decides to apply for asylum in the United States must meet certain criteria. First, you must prove that you fit the criteria of being a refugee, someone who has fled their country and cannot return due to a well-founded fear of severe persecution. Secondly, the persecution must be on account of their race, religion, nationality, political opinion, or membership in a particular social group. And finally, their government must be the persecutor, or they must show that their government is unable or unwilling to protect them from the persecutor.

To support your asylum claim, it's crucial to provide evidence that shows that you suffered past persecution or have a well-founded fear of persecution in your home country. This can include personal testimony, photos, documents, expert affidavits, and country condition reports. The more compelling and comprehensive your evidence is, the stronger your case will be. It's important to be truthful and transparent as inconsistencies can hurt your case. Due to the dire circumstances most asylum seekers face in their home countries, there is a built-in appeal process if an asylum petition is wrongfully denied.

Initiating the Asylum Application Process

There are two common ways to apply for asylum in the United States, affirmative and defensive.  Both ways require careful attention to detail and thorough preparation. It’s imperative that you gather and submit all relevant supporting evidence, such as affidavits, medical records, or news articles immediately. By doing this, you will show that you have a credible fear of persecution in your home country.

We've found that supporting evidence plays a crucial role in strengthening your case and increasing the chances of a successful asylum application.  Make sure your evidence is well organized and relevant to the persecution you suffered in your home country. To increase the likelihood of a successful application, we’d recommend reaching out to a client-focused immigration lawyer to help bolster your application.

1. Affirmative Asylum

Affirmative asylum is for those asylum seekers who aren’t in removal proceedings. If you’re eligible for affirmative asylum, you must file Form I-589 with the United States Citizenship and Immigration Services (USCIS) within one year of your arrival, unless an exception applies. This form serves as your application for asylum and requires detailed information about your background, reasons for seeking asylum, and any supporting evidence you have. If you have been in the United States longer than one year, you should consult with a trusted immigration lawyer to see if one of the exceptions to the one-year rule apply.

2. Defensive Asylum

Defensive asylum, on the other hand, is for individuals already in removal proceedings. If you find yourself in this situation, you can request asylum as a defense against removal. Additionally, certain applications are selected for expedited processes, such as when an applicant is facing deportation. The steps involved in the defensive asylum process are like affirmative asylum, including filing Form I-589 and submitting supporting documentation. However, you’ll present your case before an immigration judge during your removal proceedings instead of with USCIS.

We Specialize in Asylum Applications

Applying for asylum in the United States can be a difficult and daunting process but is not impossible. It is important to seek legal guidance and assistance throughout the asylum application process. We encourage you to be informed, prepared, and persistent when applying for asylum in the United States. With the correct guidance and support, you may be able to find safety and security in our great nation.

If you're in need of legal aid regarding your asylum case, our dedicated team is readily available to help. Contact us today to arrange a legal consultation and embark on the path toward a favorable resolution. You can count on our tailored guidance to identify the optimal approach to achieve your desired outcome.