This article will further explain these three options and how to best take advantage of them.
If you have lived as a refugee or asylee in the United States for less than two years (even if you have become a green-card holder, but not if you have become a U.S. citizen), you may file Form I-730 to ask that the U.S. government allow your spouse and your unmarried children under age 21 to come join you.
If you have a very good reason for not being able to file within two years (for example, if you were very ill), the U.S. government could decide that these “humanitarian” circumstances excuse the deadline and allow you to file your petition late.
There is no limit to the number of nationalities that qualify for admission through Form I-730 every year. Moreover, to qualify for this status, your relatives would not even need to meet the main qualification for obtaining asylee or refugee status—that is, that they were persecuted in their home country.
They would instead be classified as your “derivatives.” They would, however, still need to show that they are not barred from receiving asylee or refugee status, meaning that they do not pose a security threat and have never persecuted anyone or committed a serious crime. (If other grounds of inadmissibility, such as having a communicable disease, apply—especially to refugee derivatives—they can request a waiver, or legal forgiveness, on USCIS Form I-602.)
For more information on how to file Form I-730 with accompanying forms and documents, see Filling Out Form I-730, Refugee/Asylee Relative Petition.
If your I-730 petition is approved and your relatives live abroad, they will need to apply for either what’s called a “Visa 92” (if you are an asylee) or a “Visa 93” (if you are a refugee) at a U.S. embassy or consulate. That means they will need to attend an interview there.
If they're already in the U.S., they'll need to attend an interview at a USCIS office. Also, as of a 2020 USCIS policy, you will be expected to attend the interview of any family member who is in the United States.
The primary purpose of these interviews is to establish that they're truly related to you and don't pose a security threat.
If you have lived as a refugee or asylee in the United States for less than five years (whether or not you have become a green card holder or a U.S. citizen), and you come from one of the countries listed by the U.S. government, you may file an AOR to help your spouse, your unmarried children under age 21, and your parents apply for refugee status through the U.S. Refugees Admissions Program.
This is done under a special family reunification category also referred to as “Priority 3.” Other members of your previous households (whether or not they are related to you) could also qualify as family members in rare circumstances if you shared the same resources when you lived together, and if they can demonstrate “exceptional and compelling humanitarian circumstances” (for example, they are in dire need of aid).
While open to a few more categories of family members than Form I-730, Priority 3 is open to only a few nationalities, which the U.S. government specifically designates every year. Furthermore, it requires that family members prove not only that there is no bar to their admission, but also that they were persecuted.
Also unlike Form I-730, Priority 3 might require that you and your family member (if you claim a blood relationship) obtain DNA testing. This would be paid for by you or your relative. (This requirement was added after a lot of fraud was committed by applicants to this program—so much that it had to be suspended for years.)
In any event, to gain access to Priority 3, your family member would need you to begin the process by filing an AOR with a local branch of one of the few nongovernmental agencies allowed to process the document for the U.S. State Department. (For a list of agencies, see the U.S. Resettlement Partners page of the UNHCR website.)
If you were admitted into the U.S. as a refugee or asylee but have since become a green-card holder, you might have a choice between filing a Form I-730, an AOR, or a more standard family petition on USCIS Form I-130 or (for fiancés) Form I-129F.
Form I-130 allows green-card holders to petition for not only their spouse and unmarried children under 21, but also their unmarried sons and daughters over age 21). However, the I-130 process for family of green-card holders is costly and can sometimes last several years—often longer than the processing times for either Form I-730 or AORs/Priority3. Moreover, I-130 beneficiaries are subject to a larger number of inadmissibility grounds. So, the best reason to go this route would be that the two-year deadline on Form I-730 has passed.
Similarly, if you were admitted into the U.S. as a refugee or asylee but have since become a U.S. citizen, you might have the choice between filing an AOR (if the U.S. government deems it in the “public interest” for you to do so), a Form I-130 (which allows U.S. citizens to petition for many more categories of relatives than green-card holders can, including brothers and sisters) or a Form I-129F (which allows U.S. citizens to petition for their fiancé(e), spouse, or children to come the U.S. before they apply for the green card).
However, except for the issues of cost and inadmissibility mentioned in the previous paragraph, your relative would almost always have faster access to the United States if you filed Form I-130 (or Form I-129F, if applicable) instead of an AOR.
For more information on Forms I-130 and I-129F, read about Family Sponsors Petitioning for Immigrants. You might also consider hiring an experienced immigration attorney to help you strategize and prepare the paperwork to bring your family here. Fortunately, asylum is an area where you'll find a lot of help from volunteer attorneys or nonprofit (charitable) organizations serving immigrants and refugees.
]]>Form I-730 and instructions are available on the I-730 page of the USCIS website (www.uscis.gov). This article provides detailed instructions on filling out the form. To see the underlying law on this matter, check out I.N.A. § 207(c)(2) and I.N.A. § 208(b)(3).
You have two years from your grant of asylum or refugee status to apply for this status for these qualifying family members. The only exception is if the United States agrees to waive this requirement for good cause in your case.
The following criteria must be met before you can petition your relative to become a derivative asylee or refugee:
Here is some helpful line-by-line advice for completing Form I-730 (the version USCIS issued on 02/02/24). If the answer is self-explanatory, we will skip it.
"START HERE:" Next to "My Status," check the box that best describes you: Refugee, Asylee, Lawful Permanent Resident based on previous Refugee status, or Lawful Permanent Resident based on previous Asylee status.
Next, check the box for the type of family relation you are petitioning for (your “beneficiary”), either spouse or child (with an additional box to check to indicate the parent-child relationship).
You must fill out a separate Form I-730 for each qualifying relative you wish to bring to the United States. In the next space, on each form, you'll need to enter the total number of relatives for whom you are submitting a Form I-730. Then in the next space, which says (____ of ____) you'll potentially enter a different number for each I-730. If filing just one relative petition, write "1 of 1." If filing for more than one person, write the total number on the second line and number each one consecutively. For example, if filing for three people, you'd write "1 of 3" on one I-730 petition, "2 of 3" on the second, and "3 of 3" on the third petition.
Part 1. Information About You, the Petitioner: This section is mostly self-explanatory. Enter your name, address, date of birth, gender, Alien Registration and Social Security (SSN) numbers, country of birth, and nationality. You will also be asked to list any other names you have used, provide information about your current and previous marriages, and answer questions about your receipt of asylum or refugee status. For any question in Form I-730 that doesn’t apply to you, it's best not to leave the space blank. Instead, type either “N/A” for “not applicable” or “none,” whichever best fits the situation.
Part 2. Information About Your Alien Relative, the Beneficiary: You will be asked the same questions about your family member that you answered for yourself in Part 1, plus additional information. If your relative is in the United States already, check the appropriate box. If your relative is outside the United States and will therefore need to apply for travel authorization, list the U.S. consulate or international USCIS office that is most convenient. Make sure to write the mailing address in the language of the country where your beneficiary resides. If you have hired someone to assist you in preparing Form I-730, that person should check the box “To Be Completed By Attorney or Representative” and provide identification here along with an attached USCIS Form G-28 (with your signature).
Questions about family members' U.S. immigration history: You will need to provide information about your relative’s U.S. immigration history. If your relative is or was ever in removal proceedings in Immigration Court, you'll need to list the court’s name here. But you should absolutely consult an attorney about the implications of this history for your relative's current eligibility.
You will later be asked to list all dates and places of the person's U.S. entry, including the I-94 number. Get this from either the little card that U.S. officials put into their passport upon entry to the U.S. or, if the entry was after April 2013 and they did not receive a paper I-94, download this number from the Customs & Border Protection website. You'll also need to specify your relative's immigration status at the time of each visit. If your relative entered the United States without inspection, type “EWI” in the space for status and write “none” for I-94#. Also attach copies of the I-94s and relevant passport pages.
Various questions about family members' English and other language fluency: Fill in information about your family member’s language abilities. If your family member who is applying for derivative asylum does not speak fluent English and lives in the United States, you will need to bring a competent interpreter of 18 years of age or older to the eventual USCIS interview; someone who is fluent in both English and the language your family member speaks. A witness, attorney, or employee or representative of your country MAY NOT serve as an interpreter. Though bringing an interpreter is not absolutely required, it is highly recommended. Relatives outside of the U.S. usually will not require an interpreter at their overseas interview.
Part 3. Two-Year Filing Deadline: If you are filing Form I-730 more than two years after you were admitted to the United States as a refugee or granted asylum, check “yes” here, and provide good reasons for not having submitted this application prior to the deadline. USCIS decides on a case-by-case basis whether to allow late submissions. Also attach evidence to support your explanation. For example, if you were unable to timely file due to illness, you can attach a note from your doctor or copies of medical records that can prove your incapacity.
Part 4. Warning: This section will advise you that if your relatives are in the U.S. but are found to be removable due to immigration or criminal violations or any other grounds of inadmissibility, they will be placed into removal proceedings in immigration court if the I-730 petition is denied. This is why it's important to consult an experienced immigration attorney who can advise you whether or not it's wise to submit Form I-730 for a relative currently in the United States, especially without lawful status.
Parts 5-6. Certifications, Contact Information, Signatures: You (the “petitioner”) as well as your relative ("the beneficiary") will need to provide some final information and assurances that you are telling the truth, and to sign and date the form here. If your relative is not the United States, or is younger than 14, their section may be left blank.
Part 7: Interpreter's Contact Information and Signature. If a foreign-language interpreter helped you understand this form, that person's information and signature must go here.
Part 8: Preparer's Contact Information and Signature. If somebody helped you prepare the petition, that person should also sign, date, and provide identifying information
Part 9. To Be Completed at Interview of Beneficiary, If Applicable. DO NOT COMPLETE THIS SECTION. A family member who is over age 14 and is interviewed will sign here at that time.
If you are a refugee in the United States, you are expected to also submit a Form I-590, Registration for Classification as Refugee (PDF, 696.08 KB), along with the Form I-730 petition. It requests additional family biographical information. Your relative does not need to complete Parts 5, 8, or 9 of the form, nor sign it.
Submitting Form I-730 alone is not enough. You will need to add supporting documents (as detailed on the instructions to the form, found on the USCIS I-730 page), most importantly proving the claimed family relationships; such as a birth certificate for children and a marriage certificate for a spouse.
If your marriage wasn't formally legalized, but was an informal or refugee-camp marriage, USCIS will recognize it if you can show that you couldn't have your marriage legally recognized where it happened because of your flight from persecution and circumstances beyond your control, or due to restrictive laws or practices in your home country or country of first asylum. Such a marriage must meet all other legal requirements.
No, USCIS does not charge a fee for I-730 filing or approval.
After you have completed the I-730 application, make a copy of it and any supporting documentation for your files. If you will be submitting any foreign language documents, these must be accompanied by a complete English translation, in which the translator certifies competence to translate and that the translation is accurate.
Then send it by mail to the address indicated on the USCIS website. Be sure to choose a mailing method that comes with tracking, in case it gets lost.
Get ready for a long wait. As of early 2024, USCIS was taking nearly 30 months to make decisions on Form I-730. You can check its average processing times online.
Even after your I-730 receives USCIS approval, plan for it to take some time for the U.S. government to help arrange for entry of overseas relatives.
In preparation for meeting with a U.S. official overseas, relatives of asylees will need to undergo a medical examination, by an authorized panel physician, and pay the doctor on their own. Relatives of refugee, by contrast, will receive instructions on having medical exams done after their interviews, and the U.S. government will pay the costs.
Your family members will need to apply to a U.S. embassy or consulate for either what's called a "Visa 92" (if you are an asylee) or a "Visa 93" (if you are a refugee). That means they will need to attend an interview there. Unfortunately, not all consulates handle this type of case, which means they might need to travel to one in another country. There is no fee charged for the interview itself.
The primary purpose of these consular interviews is to establish that applicants are truly your family members (and didn't, for example, merely fake the documentation) and that they don't pose a security threat to U.S. society.
For more information, see the State Department's web page for Follow-to-Join Refugees and Asylees.
As for for travel, your family will need to take care of this on its own. However, family of refugees (not asylees) will receive U.S. help with the arrangements and potentially a loan to cover the expenses.
Relatives in the United States, by contrast, can receive their status fairly soon. They will, however, need to attend an interview at a USCIS office, with you accompanying them. This might require travel to another U.S. city or state.
A year after becoming derivative refugees or asylees, your family members can apply to adjust status and thereby receive U.S. lawful permanent residence (a green card).
A good attorney might help you prepare the paperwork and supporting documents, as well as analyze any issues in your family members' claim for derivative asylum and help overcome problems.
Fortunately, asylum is an area where you'll find a lot of help from volunteer attorneys or nonprofit (charitable) organizations serving immigrants and refugees.
]]>U.S. immigration law allows a grant of asylum not only to people who have suffered past persecution, but also to applicants who suffered no persecution in the past but have a well-founded fear of future persecution. (See the Code of Federal Regulations, 8 C.F.R. § 1208.13(b).) This article will discuss what it means to have a well-founded fear of persecution.
Although persecution refers to harsh, severe, and offensive acts, it is not limited to some of the things that might first come to mind, such as torture, beatings, or other physical violence.
Someone can succeed with an asylum claim who, for example, was the subject of severe discrimination, harassment, or threats. Sometimes persecution can be shown by a cumulative combination of actions or threats that, by themselves, might be viewed as relatively minor. For more information, see What Counts as ‘Persecution’ When Applying for Asylum or Refugee Status.
If you can show that you suffered persecution—or even lower-level harm—in the past, it will make your task of proving the likelihood of future persecution much easier.
U.S. courts have said that for a person’s fear of persecution to be considered “well-founded,” it must be both:
In other words, the applicant should truly be afraid of returning, but that fear shouldn’t be out of proportion to reality.
As to the first prong, the applicant’s credible testimony is enough to show a genuine fear of harm. Of course, "credibility" itself can be an issue. The court will look at your demeanor, candor, and responsiveness, the inherent plausibility or accuracy of your account, whether your written and oral statements are consistent internally, with each other, and with other evidence on record, and so on. (I.N.A. § 208(b)(1)(B)(iii).)
Satisfying the second, objective prong of this two-part test can be even more challenging. If you are unable to prove persecution in the past (which would give rise to a rebuttable presumption of a well-founded fear of future persecution), you will need to show a good reason to fear future persecution.
This means providing credible (believable), direct, and specific factual evidence. That will likely involve submitting documents (such as human rights reports, newspaper articles, proof of relevant memberships or affiliations, and affidavits by experts) and credible and persuasive testimony (your own story). See Preparing Persuasive Documents for Your Asylum Application for more tips.
Fortunately, asylum applicants don’t have to prove that persecution is guaranteed to await them upon return. In fact, one court said that, “[E]ven a ten percent chance of persecution may establish a well-founded fear.” Al-Harbi v. INS, 242 F.3d 882, 888 (9th Cir. 2001); see also Halim v. Holder, 590 F.3d 971, 977 (9th Cir. 2009. In a case called Matter of Mogharrabi, 19 I&N Dec. 439 (B.I.A. 1987), a four-part test was developed to assess applicants' claims based on future persecution.
If you have been specifically targeted for persecution, this will greatly strengthen your case. For example, asylum applicants have provided evidence that they were threatened or followed, placed on a death list, received individual warnings, knew of colleagues being killed, and so forth. Similarly, acts of violence toward family members and friends can help establish a well-founded fear of future persecution, if there’s a connection between the reason they were targeted and the reason you fear the same.
If you cannot show that you were individually targeted, the next best thing is to show a pattern or practice in your home country of persecution of a group of persons similarly situated to you.
Although a fear of future persecution can be sufficient for asylum, this doesn’t relieve applicants of the burden to show that their likely persecution will be based on or motivated by their race, religion, nationality, membership in a particular social group, or political opinion.
Put another way, it is not enough to show that the applicant’s home country is a frightening place, perhaps due to civil strife or widespread random violence. You still need to show how such conditions are likely to affect your specific situation, or the "nexus" between your characteristics and the persecution.
The more serious and widespread the threat of persecution to the group with which you are identified or of which you are a member, the less individualized the threat of persecution you need to show.
Additional information can be found on the Asylum & Refugee Status section of Nolo’s website. Also, a good attorney can improve your chances of obtaining asylum. The attorney can help you highlight the most compelling portions of your claim, overcome any negative information, prepare the paperwork and supporting documents, help you prepare to testify, and appear with you, either at the Asylum Office interviews or in Immigration Court proceedings.
You might also be interested in reading Applying for U.S. Asylum: How Much Will It Cost?. Fortunately, asylum is an area where you'll find a lot of help from volunteer attorneys or nonprofit (charitable) organizations serving immigrants and refugees.
In order to be granted this status, an immigration judge or asylum officer must determine that you meet the definition of a refugee. That requires first convincing them that you have suffered harm, or you fear harm, that is so severe that it can be considered persecution.
The next step is to convince the immigration judge or asylum officer that this persecution occurred specifically because of your race, nationality, religion, membership in a particular social group, or political opinion—that is, one or more of the five grounds specified in the Immigration and Nationality Act (I.N.A.) at Section 208.13.
This article will discuss how to identify and establish the crucial connection, or nexus, between the persecution and one or more of the five grounds.
Establishing “nexus” involves answering the question “Why?” It’s not enough to show the mere fact that you suffered or fear persecution in your home country: You must also show the grounds upon which this persecution was directed at you. You're trying to outweigh any perception that what you faced was random or impersonal. You must demonstrate that the persecutor's main motivation or reason for attempting to harm you was on account of at least one of the five grounds noted above.
One way to determine the motivation of the persecutor is to take a look at what they said to you. Take, for example, a young man from Mexico. Four armed men kidnap him from a shopping mall. They say, “We are X-Gang and we know your father is the mayor.” Here we see that the persecution (kidnapping) occurred on account of the man’s relationship to his father (membership in a particular social group) or on account of a political opinion that was imputed to him because of his father. Since both grounds are specified under the immigration law, the applicant can be considered a refugee.
Let’s look at the same kidnapping example with a slight change: A young man from Mexico is kidnapped by four armed men outside a shopping mall. The kidnappers say, “We are X-Gang and we saw you buy those expensive sneakers. We want the sneakers and all your money.” Here we see that the persecution (kidnapping) occurred because X-Gang wanted the sneakers and money. There is no nexus to any ground specified under the I.N.A. and the asylum applicant would not be considered a refugee.
You will not have to prove that one (or more) of these grounds is the sole reason the persecutor was or is motivated to harm you, but you will have to prove that it is a central reason for the harm.
Think about your case as a series of steps: If you have suffered or fear harm that is so severe it can be considered persecution, you have fulfilled step one. Step two is to establish the nexus—to tie the persecution to one of the five grounds.
Asylum claims are decided on a case-by-case basis, meaning that the asylum officer or immigration judge will look at the individual facts of the case and apply the law to those facts. With that in mind, here are some examples where nexus can be established:
If you submitted an affirmative application for asylum and are appearing before an asylum officer, you might receive some help with establishing nexus. Unlike immigration judges, asylum officers have an affirmative duty to gather all information about nexus. This means that they must ask questions to determine whether the persecution the applicant suffered or fear has a tie to at least one of the five grounds.
Regardless of this affirmative duty, you have the burden of proving that there is a nexus between the persecution and one of the five grounds. When deciding whether you have met your burden, the judge or officer looks at what a reasonable person would believe. Showing a nexus can be tricky. For example, you would not be able to establish nexus if the military forcefully conscripted you only because you were a young man. There is nothing unique or personal about young men being conscripted.
Consider consulting with an immigration lawyer experienced in asylum and refugee law for help in preparing and presenting your case. The lawyer can provide great value in helping research your country situation, suggest which aspects of your claim are strongest, prepare your written statement, and accompany you to Asylum Office interviews or court hearings.
]]>But what is persecution according to U.S. immigration law? It’s been clear from the early days of legal recognition of refugee status that people who move to a different country for reasons of mere convenience or economic betterment are not “refugees.” But beyond that, the matter gets a harder to pin down, as addressed in this article.
The word “persecution” comes straight from U.S. immigration law, which mentions it in its definition of “refugee.” (See the Immigration and Nationality Act at I.N.A. Section 101(a)(42).) However, the law does not give any separate definition of persecution, nor specifically list the types of harm that will be considered.
There's one exception, from a relatively new section of the law added in 1996: people who have been or fear being “forced to abort a pregnancy or to undergo involuntary sterilization, or . . . persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program” meet the definition of refugee. (This amendment was aimed primarily at mainland China with its one-child policy).
In most cases, however, individual applicants will need to prove that what they suffered or fear should be viewed as persecution, drawing on court decisions initiated by previous applicants. Seemingly acknowledging the lack of specificity regarding this concept, the Ninth Circuit Court of Appeals said, “Persecution covers a range of acts and harms,” and “[t]he determination that actions rise to the level of persecution is very fact-dependent.” (See Cordon-Garcia v. INS, 204 F.3d 985, 991 (9th Cir. 2000).)
On the other hand, the Seventh Circuit noted that, “actions must rise above the level of mere ‘harassment’ to constitute persecution.” (See Tamas-Mercea v. Reno, 222 F.3d 417, 424 (7th Cir. 2000).) And the First Circuit added that the experience “must rise above unpleasantness, harassment and even basic suffering.” (See Nelson v. INS, 232 F.3d 258, 263 (1st Cir. 2000).)
Persecution can definitely include harms that aren't physical, or immediate threats to one's life or freedom. (See INS v. Stevic, 467 U.S. 407 (1984); Surita v. INS, 95 F.3d 814 (9th Cir. 1996.).
The above definitions aren’t very satisfying. More often, it helps to look at what actual types of harm have been recognized by U.S. immigration authorities and courts as forms of persecution. These include:
Some applicants might need to show a combination of actions against them if none by themselves was serious to fit traditional understandings of persecution.
The persecution should have come from either your country’s government or other authorities or groups that the government is unable to control, such as guerrillas, warring tribes or ethnic groups, or organized vigilantes.
Whether women who decided to leave an abusive spouse qualify for asylum has been a matter of debate and legal reversals. For women who live in a male-dominated country where their rights are unprotected, the decision to leave an abusive spouse and a country that wouldn't protect them can arguably be viewed as a political opinion or an indication that they're part of a particular social group. Such arguments have led to asylum approvals, but the law on this goes back and forth, so consult an attorney before trying it.
What if you don't know who, exactly, was persecuting you? No rule says you have to be able to identify your persecutor. What you will have to do is explain is what exactly happened, and provide enough detail to establish the persecutor's motive.
The persecution must have been based on at least one of five grounds: your race, religion, nationality, political opinion, or membership in a particular social group. It will be crucial to your case that you figure out which of these categories you fit into, and show a connection (“nexus”) between the persecution and one of them.
For a more in-depth analysis of whether what you suffered or fear amounts to persecution, consult an experienced immigration attorney. And for more information on U.S. asylum law, see the Asylum & Refugee Status section of Nolo’s website.
A good attorney might improve your chances of proving persecution and obtaining asylum. The attorney can help you highlight the most compelling portions of your claim, overcome any negative information, prepare the paperwork and supporting documents, help you prepare to testify, and appear with you, either at the Asylum Office or in Immigration Court. Fortunately, asylum is an area where you'll find a lot of help from volunteer attorneys or nonprofit (charitable) organizations serving immigrants and refugees.
]]>We should start with a reminder that asylum cannot be viewed as a convenient way to extend your lawful stay in the United States. You should file an asylum application only if you have genuinely suffered or fear persecution in your country on account of at least one of five grounds: your race, religion, nationality, membership in a particular social group, or political opinion.
In fact, someone who files a claim that is found to be “frivolous,” that is, deliberately fabricated, becomes permanently eligible for a U.S. green card on any basis, per Section 208(d)(6) of the Immigration and Nationality Act.
If the U.S. Asylum Office does not grant your request for asylum, it will, unless you have some other lawful immigration status in the United States, refer you to an Immigration Judge for an individual hearing. Once in immigration court, you are at risk for being removed (deported) from the United States. This would not happen immediately, since the hearing and appeals process typically take months or years, but you could eventually be sent home.
If you have, in fact, been persecuted or fear persecution, then of course you might have good reasons to apply for asylum. In fact, it could ultimately be better than applying through your a family member, because you can win asylum even if you entered the United States without inspection.
Family-visa applicants who entered the U.S. unlawfully and have no existing immigration status, other than those classified as "immediate relatives" (the spouse, parents, or minor unmarried children of a U.S. citizen), can NOT apply for a green card without leaving the United States to attend an interview at an overseas consulate. In other words, they are most likely not eligible to "adjust status," or apply for a green card within the United States.
And it could be a long wait, if no visa number (based on the petition filed by your family member) is immediately available to you; in other words, if your Priority Date is not current. Long waits are common in some categories of the family visa system.
Depending on how much time you have been in the United States without legal status, however, leaving the U.S. for your consular interview might well bar you from returning, for either three or ten years. With a grant of asylum, however, you could simply apply from a green card in the United States one year after approval.
If you decide to file an asylum claim, act quickly. You will need to submit your I-589 application within one year of your most recent entry into the United States unless there are exceptional or extraordinary circumstances in your case. (See Can I Still Apply for Asylum After the One-Year Filing Deadline? for details.)
Strategic decisions like yours are often easier when you consult with an experienced immigration attorney. The attorney can sit with you and evaluate your potential claim for asylum and explain all the possibilities in detail, and prepare any paperwork and legal arguments.
]]>U.S. asylum offices are not authorized to interview people who entered the United States as crewmembers, specifically if they arrived at the United States aboard a vessel and:
A crewmember who enters the United States in any other way can apply for asylum with the asylum office. That includes someone who enters the United States without formal inspection by U.S. immigration authorities. So, for example, a crewperson who secretly left the ship and managed to enter the United States should be able to apply for asylum with the asylum office. Since the officer will probably want to see the person's passport and crewmember book in this situation, it is important to detail your entry, so as to demonstrate that you entered without inspection.
Crewmembers are one of a small group of people who are entitled to special, limited immigration court hearings before an immigration judge. For a list of those groups, look at 8 C.F.R. § 208.2(c)(1).
The issue here is that you wouldn't be able to have your asylum application heard first by the U.S. Asylum Office, in a non-adversarial proceeding. Instead, upon submitting an application or presenting yourself to U.S. immigration authorities, or requesting asylum from immigration authorities who visit your boat (assuming you can convince them you have a credible fear of persecution or torture in your home country), deportation (removal) proceedings will immediately be started against you. Your case will need to be presented before an immigration judge, and an attorney for the U.S. government will (in all likelihood) argue that you should be deported.
Also, there's a good chance you will be kept in immigration detention in the meantime; or else released with an electronic monitoring device, such as an ankle bracelet, and ordered to stay home within certain curfew hours.
If you arrived in the United States as a crewmember, it would be an excellent idea to consult an experienced immigration attorney for a full analysis of your legal situation as soon as possible. The attorney can assist in preparing your application and can appear with you before the immigration judge.
]]>When you complete the Form I-589 application for asylum, it will ask you whether you have ever traveled through or resided in another country (besides the one where you were persecuted, and from which you are requesting protection) before coming to the United States. It will also ask whether you've ever applied for residence or asylum in any other country besides the United States.
The reason for these questions goes back to the firm-resettlement bar. But what does the legal term "firmly resettled" really mean? Many people pass through other countries when fleeing their own, and might even stay there awhile before entering the United States.
Simply passing through another country on your way to the U.S. is not enough to warrant a refusal of asylum; nor spending longer there, if it didn't lead to any legal right to remain.
USCIS and the Department of Homeland Security (DHS) are primarily interested in whether you could have applied for asylum or other immigration status in the third country or whether you have a right to live there now, perhaps because of a previous asylum or other immigration application.
Only if you have or were offered some type of permanent status while in a country you spent time in before arriving in the U.S. (such as citizenship, or the equivalent of permanent residence or a green card, or some other status that allows an indefinite stay) and you refused it will you be barred from receiving asylum in the United States. If you did not apply for asylum or any status in countries where you temporarily stayed, the immigration judge or asylum officer reviewing your case should not find that you were firmly resettled there. (Some applicants have attempted to lie about this, pretending they weren't offered the right to live in the country, but the U.S. government routinely checks with the home government on such matters.)
You might explain to the judge or asylum officer that your plan was always to come to the United States, and that you stayed in other countries for only as long as you had to, until you could continue to your final destination. The longer someone’s stay, the more likely the asylum officer or immigration judge is to question whether they did, in fact, receive some sort of status there. Unfortunately, the fact that your long stay was due to U.S. border restrictions (as has been the case for many asylum seekers who got stuck in Mexico) will not help your case.
It would also help if you did not have any significant ties to the countries in which you passed through, such as property, employment, or family members with permanent status living there. (See 8 C.F.R. Section 208.15(a).)
Be prepared to explain why you did not seek refuge or other status in the countries where you spent time, especially if you have those types of ties to the country.
If you applied for asylum in another country but your application was denied, the U.S. government will want to know why you didn’t qualify. It might, after all, be due to information that makes you similarly ineligible in the United States.
If your asylum request was approved, or if you received a realistic offer of permanent residence by some other means, you will likely be required to return to that country.
If you have a pending asylum case in a third country and are still awaiting a final decision, you will need to provide details of that request to either USCIS (if submitting an affirmative application) or DHS (if applying in Immigration Court). Your application for U.S. asylum will likely be placed on hold until you receive a final determination on your earlier asylum request from the other country.
If it is eventually established that you have a right to live in another country, your U.S. asylum application will in all likelihood be denied. The fact that you might not wish to live in that country will not be taken into account, as was spelled out in a 2020 case from the Board of Immigration Appeals. (See Matter of K-S-E-, 27 I&N Dec. 818 (B.I.A. 2020).)
Oddly enough, even living someplace using falsified paperwork can be enough for the U.S. government to find that you were firmly resettled there, if that country's government hasn't noticed the problem. (See Matter of D-X and Y-Z, 25 I&N Dec. 664 (B.I.A. 2012).)
If you are worried about proving that you were not firmly resettled in another country, definitely consult with an experienced immigration attorney. Also see Applying for U.S. Asylum: How Much Will It Cost?.
]]>Here, we'll discuss past trends and current possibilities when it comes to applying for asylum as someone from India.
Growing Hindu nationalism in India, accompanied by worsening mistreatment of religious and minority groups, has been a major driver of flight and asylum claims. Ever since the Bharatiya Janata Party of Prime Minister Narendra Modi came to power, there's been an increase in applications, including from former police officers, journalists, LGBT activists, Christian proselytizers, and Muslim and Sikh political activists.
Farmers also became activists, after government attempts to remove price regulations disrupted their livelihoods.
Historically, most Indian asylum-seekers have been Sikhs, who say they've been persecuted or fear persecution by the Indian government on account of their religion or political opinion. The height of violence against Sikhs in India occurred in 1984, when thousands were killed after an incident involving the Golden Temple (retribution for the murder of Prime Minister Indira Gandhi by her Sikh bodyguards). Most claim to be part of the Akali Dal Mann, a separatist group that advocates for a Sikh homeland in Punjab.
Many other Indian asylum-seekers come from Jammu and Kashmir, alleging political repression and persecution by security forces attempting to suppress independence efforts there. People of Gujarat have also claimed asylum for having been persecuted” because of their native language and other forms of identity.
A U.S. immigration judge or asylum officer may deny a claim if the applicant is not credible; that is, not detailed, consistent, or plausible in giving testimony. For instance, there is more evidence that Sikhs are living quietly in India than there are articles exposing Sikh persecution in the years since 1984. Since an asylum applicant must have an objective as well as subjective basis for fear, lack of objective evidence can be a reason for denial.
Credibility can also be an issue. If, for example, a citizen of India claimed to have been persecuted as farmer who engaged in protests, they will need to show familiarity with basic farming techniques.
Also, if a judge or officer suspects ties to a designated terrorist group, an applicant will likely be disqualified for asylum. (See Bars to Receiving Asylum or Refugee Status.)
It is critical to substantiate your asylum case with as much objective evidence as possible. Find country conditions information from authoritative sources that supports your claim, as described in Preparing Persuasive Documents for Your Asylum Application. If you claim to belong to a Sikh or Kashmir-independence organization, for example, make sure you prove that it is not a terrorist one.
Applicants should also be prepared to prove their religious or regional identity. If you claim to be religious, for instance, you should be able to explain your religion to the judge or officer. If you are not religious, you should be able to explain why you don’t practice your religion and how any persecutor would be able to recognize your affiliation.
An experienced immigration attorney can be hugely helpful in gathering supporting documents from independent sources, linking you up with medical professionals if you've been tortured or affected psychologically by the persecution, evaluating the strength of your asylum claim, drafting affidavits, preparing witnesses, and accompanying you to in-person interviews or court hearings.
Also see Applying for U.S. Asylum: How Much Will It Cost? and How to Get a Lawyer to Represent You Pro Bono (Free) in Immigration Court Removal Proceedings.
]]>Read on for more information about U.S. asylum claims from Mexico. To learn more about asylum in the United States generally, see these articles on Asylum & Refugee Status.
Despite its close proximity, only around 1,000 people from Mexico are typically granted asylum in the United States each year. According to the Department of Homeland Security (DHS), for example, in 2022 a mere 975 Mexican nationals succeeded in obtaining an asylum grant (after either submitting an affirmative U.S. asylum application or after using asylum as a defense in deportation proceedings). But approval rates can vary widely year by year.
The most commonly granted asylum petitions from Mexico are based on fear of persecution and violence from drug cartels and drug traffickers, based on the applicants' membership in a particular social group or political opinion. Applicants have claimed that the government of Mexico is unwilling or unable to protect them.
Journalist, activist, and politician asylees have also described death threats, unlawful detention, and the assault or murder of family members in their applications. The nongovernmental organization Human Rights Watch says in its 2023 World Report that under President Obrador, violent crime levels are at all-time highs, and instead of law enforcement helping to control it, "soldiers, police, and prosecutors have committed serious, widespread human rights violations, including torture, enforced disappearances, and extrajudicial killings, with near total impunity."
There have also been grants of asylum for the lesbian, gay, bisexual, and transgender, and questioning (LGBTQ) community. While LGBTQ Mexican asylum claims remain prevalent, however, many have been denied in recent years, citing “changed circumstances” in Mexican attitudes toward members of the LGBTQ community. Indeed, same-sex couples have been able to legally marry in Mexico since 2015.
Mexican women who have been victims of domestic violence have also been successful in their applications for asylum by claiming to be members of a particular social group.
As with all asylum applications, a common reason for denial is that the asylum officer or immigration judge does not find the applicant’s story to be “credible” (believable). Unfortunately, discrimination and prejudice against Mexicans and Mexican-Americans remains a widespread problem in the United States, with many Mexican immigrants stereotyped as “border jumpers” who are illegally living and working in the United States.
Immigration officers and judges commonly issue findings that asylum applicants from Mexico lack credibility, deny asylum cases at a high rate, and find that many applications were “frivolous” (barring the applicant from any further U.S. immigration benefits).
Another common reason for denial of Mexicans’ asylum applications is the difficulty of proving that the violent reprisals that Mexicans fear are based on one of the five protected grounds required under the law, namely race, ethnic group, religion, political opinion, or particular social group. Even if an applicant’s story is credible, asylum officers and immigration judges will often determine that the harm that Mexican asylum applicants describe is simply due to the widespread problem of violence throughout the country.
Asylum applicants at the U.S.-Mexico border are usually detained for long periods while waiting for their applications to be adjudicated. For more information on applying for asylum at the border or U.S. entry points, see Asylum or Refugee Status: How to Apply. If a Mexican national expresses fear of persecution to the border officer, an asylum officer is supposed to give the person a credible fear interview, and if it is determined that the fear of persecution is not credible, the person may be subject to expedited removal from the United States.
Even if the asylum officer decides that the asylum seeker has a credible fear of persecution, the Mexican person will be placed into removal proceedings and will likely be detained until an immigration judge can render a final decision.
Treatment in the detention facilities on the U.S.-Mexico border is similar to that in prisons, and asylum applications are often abandoned because the applicants no longer want to live in detention. For more on this, see Living Conditions in Immigration Detention Centers.
Because there are so many Mexican asylum denials, you might have a difficult time convincing a U.S. asylum officer or immigration judge that your claim has merit. Often Mexican asylum seekers spend years putting together a convincing case only to have their application denied.
Consult with an experienced immigration attorney, who can advise you as to your options and might be able to locate helpful documentation to support your case. Also, it is important for you to be as specific as possible when answering the questions on Form I-589, Application for Asylum and Withholding of Removal, in order to present a strong and credible case.
For example, if you are claiming persecution based on political opinion (such as your membership in a political party that has been threatened by drug cartels), provide detailed records of your participation (such as membership cards or other documents that identify you as a member) and of your close relationship to individuals who have been harmed (for example, newspaper articles that describe details of the kidnapping of a fellow politician similarly situated to you).
You should also identify the groups or individuals that have harmed or targeted you or your family members. You will need to include reports from human rights organizations that corroborate your statements and provide medical records and police reports for any abuse suffered at the hands of government or nongovernment officials.
Fortunately, many nonprofit (charitable) organizations offer free or low-cost legal help to asylum seekers. See How to Get a Lawyer to Represent You Pro Bono (Free) in Immigration Court Removal Proceedings.
]]>Unlike with many other immigration applications, you need not pay an application fee to the U.S. government in order to apply for asylum. For tips on filling out the required form (the Asylum and Withholding of Removal Application), see Filling Out Form I-589 Application for Asylum.
Hiring an attorney is advisable, given the complexities of the asylum application process and the importance of attaching extensive supporting documentation. The asylum lawyer's fee will depend on numerous factors, including:
A complex asylum case, for example, where the attorney must help you argue that you were not firmly resettled in a third country or did not persecute others (both of which are bars to asylum), or where you’ve got only one week left until the one-year deadline to submit your I-589 application, might cost thousands of dollar more than a straightforward one.
Also, keep in mind that attorney fees depend in part on the procedural stage at which you are requesting asylum. An affirmative application to USCIS will cost less than one where you are in removal proceedings before an immigration judge (where the attorney will have to prepare written motions and legal briefs in addition to the rest of the evidence, and likely appear in immigration court several times)
For an affirmative application, the attorney might even charge a flat fee, with the reported average somewhere between $3,500 and $8,000. Some attorneys also charge flat fees for removal proceedings, but these will be higher at the outset (more in the neighborhood of $8,000 to $15,000) or the attorney might charge an hourly rate, due to the unpredictability of hours spent in court hearings and so on).
If your case is denied by the Immigration Court but you want to file one or more appeals (first to the Board of Immigration Appeals, then possibly to the federal circuit court of appeals, and ultimately perhaps to the U.S. Supreme Court), you will need to separately pay the attorney for those services.
If you cannot afford to hire an asylum attorney, there are nonprofit organizations throughout the U.S. that offer these services for free or at a reduced cost. “Nonprofit” means that they raise their own funds in order to help people, mostly from individual donors and foundations rather than the U.S. government (which makes it difficult to obtain funding if the organization represents undocumented immigrants, which most nonprofits cannot help but do).
The immigration court maintains a list of organizations and attorneys qualified under the regulation to provide free or low-cost legal services. However, because demand for such services is high, you may find that you have to call many nonprofits before finding one that has the space to help you. Do not wait until the last minute to start asking around!
Further, although it is up to the attorney you ask, some attorneys might decide to provide volunteer, pro bono services.
The application and attorney’s fees might not be your only costs.
For starters, the attorney will likely require you to separately pay for costs of incidental things like mailing, photocopying, attorney phone calls on your behalf, and so forth. (Check the contract you sign for the attorney’s services for details on this.)
If the attorney recommends that you have a separate medical or psychological evaluation, you would likely have to pay for this, as well. Such exams can be important in, for example, proving that your injuries are consistent with known torture practices, or indicating that you have symptoms of PTSD (post-traumatic stress disorder) consistent with having been imprisoned, harassed, or otherwise persecuted.
If you are in immigration proceedings and your case can be strengthened by an expert witness testifying or preparing a report on your behalf, you would likely have to pay the expert. The witnesses testimony might, for example, be important in establishing country conditions or providing little-known details about your minority religion, opposition political party, and the like.
Also, there might be fees for the translation of foreign documents.
The best way to keep your asylum costs low is to avoid waiting until the last minute to find an attorney, collect needed documents, and take other steps to prepare your case. Rush jobs always cost more, whether it's because of the attorney's time constraints or the need for overnight courier service. For additional relevant tips, see How to Find a Good Immigration Lawyer For Your Case.
Fortunately, the basic law of asylum governs all government decisions, even if it is sometimes stretched in different directions. In order to demonstrate that you are entitled to asylum, you must first show that you meet the definition of a “refugee”—that is, that you cannot return to your home country because you were persecuted there or because you fear persecution there in the future. (See 8 U.S.C. § 1158.)
You must show that this persecution was (or would be) inflicted on you because of one or more out of five “protected grounds”: your race, religion, nationality, membership in a particular social group, or political opinion.
You must also show that you were persecuted either by your country’s government directly (for example, police, army, or government officials) or by a nongovernmental group that your government was unwilling or unable to control (such as a gang, cartel, rogue group of police officers, or the like).
What's more, you must show that none of the statutory “bars” (factors preventing eligibility) block you from an asylum grant.
These standards can be difficult to meet. But the important point here is that they do require the government officer deciding on your case to carefully consider applicable legal standards, rather than just making a decision based on personal feelings or biases.
The chances of gaining asylum in the U.S. definitely vary depending on which way the political winds are blowing. Under the Trump Administration, approvals went lower than they'd been in years, because of factors like new regulations interpreting the law, pressure on asylum officers and judges to make quick decisions, and overall anti-immigrant attitude.
The subsequent Biden-Harris administration has tried to promote fairer treatment of immigrants, and appointed more moderate immigration judges. But the damage has not all been undone, and they have actually re-promulgated harsh regulations concerning people seeking asylum at the Southern border.
As discouraging as the mixed set of circumstances described above can be, there are things you can do to increase the likelihood that you will obtain asylum in the United States, both in your written application and in your personal meetings with U.S. government officers or judges.
First, pay close attention to whether you've shown that you meet all the legal requirements for asylum. For instance, if you're claiming to have been persecuted based on religion, find ways to prove you are a member of that religion, and that persecution of that religion is a feature of life in your country. Also make sure your accounts include details, such as names of people and places, as well as dates when relevant. If you cannot remember specific dates, try to include the month and the year (if you can remember them accurately). Do not try to guess at any details you cannot remember.
You will also need to include detailed information about yourself: how you personally were harmed in the past, why you are afraid to return, why you were harmed, and what you believe would happen to you if you had to return to your home country. Although you should also include information about any friends and family members who were also persecuted, your application must focus on you.
The next step is to show the U.S. government how the person(s) persecuting you did so because of one or more of the “protected grounds.” You will not qualify for asylum if you were being hurt for personal reasons only or were just a random victim. A protected ground does not have to be the only reason why you were or will persecuted. But it does need to be one of the main reasons. See Why Were You Persecuted? Proving the "Nexus" or Motivation in an Asylum Claim for more information.
Your personal credibility or believability is critical to showing you are entitled to asylum. The U.S. government official deciding your case needs to be able to rely on your word, since you likely won't be able to provide authoritative proof of many of your assertions. In addition, you'll need to avoid a situation where you are found to have lied or submitted a frivolous asylum application, in which case you would be forever barred from any U.S. visa or green card.
To increase the chances of being found credible, make sure all of your written and oral statements are true, detailed, complete (to the best of your memory), and consistent (with your other statements, with any other evidence you submitted, and with reports about your country). You might need to clean up past lies—for instance, if you entered the U.S. with a false passport, come clean about it, and prove who you really are.
It can also help to practice for any in-person interviews. Sit down with your lawyer or a friend, and have them ask you questions about your claim. If you tend to go quiet or forget things under stress, this practice will be critical. Afterwards, ask the person interviewing you to give impressions of your credibility. If they say something like, "When you kept shredding that piece of paper, I wondered if you were nervous because you were lying," that's something to work on.
You should attach a written declaration to your asylum application. That way, you can provide many more details than you can include on the required Form I-589 alone. This will help the asylum officer or Immigration Judge better understand why you are applying.
Attaching various other documents will greatly increase your chances of obtaining asylum. U.S. law requires that you produce all reasonably available evidence helping to explain what happened to you or what would happen to you if you returned. Such evidence might include, depending on your case:
If you cannot produce such documents, explain why not.
Your claim will be evaluated against evidence of human rights conditions in your home country. Therefore, you should also include copies of reports about your country from sources such as Amnesty International, Human Rights Watch, or the U.S. State Department. Make sure that your personal application details are consistent with those reports.
In addition to proving that you meet every element of an asylum claim, you must show that nothing prevents you from obtaining asylum. You will not be able to obtain asylum if you:
If it's looking like an asylum officer or an Immigration Judge thinks one of these bars applies to you, explain in detail why it does not. Better yet, consult an attorney.
Even if you meet all the factors of the “refugee” definition and no bars prevent you from obtaining asylum, U.S. asylum officers and Immigration Judges can consider discretionary factors when deciding your asylum claim. Such factors might include:
If you think that some positive discretionary factors apply to you, make sure to mention them in your application.
As a backup, it's also a good idea to apply for alternative forms of relief, such as Withholding of Removal, and Convention Against Torture Protection. Keep in mind, however, that only an Immigration Judge, not an asylum officer, can approve your application for Withholding of Removal or Convention Against Torture Protection. But if you apply "affirmatively" and your application is not approved by the Asylum Office, your next step will be a hearing in Immigration Court.
Rates of asylum grants differ between different asylum offices and various Immigration Courts. Your chances will depend mostly on:
The U.S. Department of Homeland Security (DHS) provides general statistics about grants of asylee and refugee status. In 2022, for example, it reported that in the previous year, 17,692 people were granted asylum out of 62,795 who applied. This includes 10,325 who were granted asylum affirmatively after submitting an I-589 application, and 7,367 who were granted asylum after presenting it as a defense in immigration court proceedings. The top countries whose residents were approved for asylum include Venezuela, the People's Republic of China, El Salvador, Guatemala, Turkey, Honduras, Egypt, India, Mexico, and Russia.
The Immigration Court provides statistics of its own, and reported (via PDF) that in 2023, only 14.4% of cases filed in court were granted (though the vast majority were withdrawn, abandoned, or otherwise never brought to completion).
There is a lot of criticism and controversy about the degree to which asylum approval rates differ among different asylum officers and Immigration Judges across the United States. See, for example, the statistics kept by TRAC Immigration. You're likely to see names of judges who grant only 15% of the asylum cases they hear, and names of other judges who grant up to 95% of the asylum cases they hear. It's unlikely that such a wide range in approval rates is due only to the quality of cases coming before those judges.
Of course, approval rates depend on factors that are beyond the applicants' control, such as what country they are from and where they now live. They might also depend on the gender and prior professional background or political views of the asylum officer or Immigration Judge assigned to their case. (You have no choice in that matter.)
And, they might depend on whether conditions in the home country have changed by the time one's case is heard; a particular concern given the years-long waits that have become the norm in U.S. immigration courts. (See At the Breaking Point: Rethinking the U.S. Immigration Court System; the backlog is at record levels, and average wait was four years in mid-2023.) If the immigration judge thinks the applicant no longer has a reasonable fear of persecution because of a new regime, changed legal system, or something similar, the case could be denied.
Basically, even with the strongest of cases, you'll need a bit of luck on your side.
A good attorney might improve your chances of obtaining asylum. The attorney can help you highlight the most compelling portions of your claim, overcome any negative information, prepare the paperwork and supporting documents, help you prepare to testify, and appear with you, either at the Asylum Office or in Immigration Court.
Fortunately, asylum is an area where you'll find a lot of help from volunteer attorneys or nonprofit (charitable) organizations serving immigrants and refugees.
]]>Some people inevitably miss the deadline, however. This article will discuss:
For details about applying for asylum with the Asylum Office, see How to Prepare an Affirmative Asylum Application.
If you are applying affirmatively (on your own initiative, not in deportation proceedings), USCIS must receive your application on the one-year anniversary of your last entry into the United States or the expiration of your status, or the next business day if that day falls on a Saturday, Sunday, or legal holiday. For example, if you last entered the U.S. on April 8, 2023, you must file on or before April 8, 2024. If your one-year anniversary happens to fall on a Saturday or Sunday, you could file on the next business day, the Monday after.
There is an exception for unaccompanied children. If you are under age 18 and have no parent or legal guardian in the United States, you have until you are 18 to apply for asylum. (See (See I.N.A. § 208(a)(2)(E) and 6 U.S. Code § 279(g).)
If you initially file for asylum affirmatively (of your own volition, not because you're already in immigration court and defending yourself), but you fail to establish that you filed on time or that an exception applies to you, the Asylum Officer who handles your case and interviews you will refer your application to an Immigration Judge. At that time, you can renew your claim for asylum and perhaps argue that you actually entered less than a year before your asylum filing, or for an exception to the one-year filing deadline.
If you are applying for asylum defensively (that is, after having been placed into removal proceedings), you also must apply within one year of your last entry or expiration of your status under a visa or other permitted stay. However, you will need to submit your application to the Immigration Judge instead of sending it to USCIS and attend a court hearing.
Whether you apply affirmatively or defensively, in addition to showing that you are a refugee who qualifies for asylum, you must present evidence that either:
Therefore, as part of your asylum application, you must include:
Possible forms of evidence that you may use to show that you filed within one year of arrival or the expiration of your permitted stay, or that an exception applies to you, include:
For more information about how to present strong evidence, see Preparing Persuasive Documents For Your Asylum Application.
“Clear and convincing” evidence means that it creates a firm belief that what you assert is true. That is, you must show that it is highly probable that you applied within one year of your last arrival. “Satisfactory” evidence means that you use credible evidence to persuade an Asylum Officer or an Immigration Judge that an exception applies to you. Such exceptions are rarely made; below is an overview of the two possibilities.
You must show that a changed circumstance (in your personal life or in conditions in the U.S. or in your home country) was material to your eligibility for asylum, and that you filed within a reasonable time after the circumstance occurred or after you learned of it. An Asylum Officer or an Immigration Judge will consider any delays in your learning of the changed circumstances.
Here are examples of what might qualify as a “changed circumstance,” depending on the facts of your case:
This is not an exhaustive list. Other events might be considered changed circumstances for the purposes of this exception.
To qualify for the "extraordinary circumstance" exception, you must show that events in your own life (before or after your arrival in the U.S.) directly relate to your failure to file within the one-year filing deadline, and that you filed within a reasonable period after the extraordinary circumstance stopped affecting you. You must also show that you did not intentionally create such extraordinary circumstances (through your own action or inaction).
Here are examples of what might be considered an “extraordinary circumstance,” depending on the totality of the facts of your case:
Other life events might be considered “extraordinary circumstances” for the purposes of this exception. Consult an attorney if you have questions.
If you argue that an exception to the filing deadline should apply to you, you must also prove that you filed your asylum application within a reasonable time after the changed or extraordinary circumstance occurred.
What is “reasonable” depends on the unique combination of facts in your case. Asylum Officers and Immigration Judges look at what a reasonable person in your unique circumstances would have done. In addition to the specific events that caused your delay in filing, other relevant factors they might consider include:
Typically, a delay of a few months might be “reasonable,” but a one-year delay is usually not. Try to file your application as soon as possible after the occurrence of any changed or extraordinary circumstance. You will need to provide detailed and credible evidence regarding your filing within a “reasonable” time.
If you missed the one-year filing deadline, see a reputable attorney. Exceptions to the filing deadline are rarely made. Your ability to prove that an exception applies to you depends on the unique facts of your case. The Asylum Officer or the Immigration Judge will look at all of the facts you present. What qualifies as an exception (a changed or an extraordinary circumstance) for one applicant does not necessarily constitute an exception for another. You must present detailed, consistent, and credible information to increase your chances of qualifying for an exception.
Because of the importance of hiring an attorney to help prepare your asylum claim, and the fact that the attorney will have to put in extra work to persuade the U.S. government that you had a good reason for filing late, expect added expense. The breakdown is further laid out in Applying for U.S. Asylum: How Much Will It Cost?.
In either case, however, the Form I-589 is just the beginning of someone's efforts to prove that they merit a grant of asylum based on past of future persecution in the home country. Preparing persuasive documentation in support of this request will be critical. This article will describe why this is and how to handle the document portion of your asylum application.
In order to do prepare persuasive supporting materials, you first need to understand what factors are important to an asylum officer or immigration judge (IJ) reviewing your application. These factors include:
Including persuasive supporting documents of all these things with your Form I-589 can strengthen your legal claim to asylum, explain why no bars apply to you, and improve your credibility.
It's true that gathering these documents will not be free. If you hire a lawyer to assist you, those costs might be built into the lawyer's fee (which itself is likely to be several thousand dollars). And you might need to pay fees to government offices for official copies of things like birth certificates, or hire experts or medical professionals to produce original documents. Learn more in Applying for U.S. Asylum: How Much Will It Cost?.
Make sure to include only documents that are relevant and helpful to your asylum claim, and that preferably came from believable sources. Focus on quality, not quantity. All documents must be consistent with your personal story. Documents from official sources or reputable witnesses tend to be the most convincing. But less individual forms of evidence can work too, as discussed below.
You do not need to include numerous documents to prove just one point, unless of course (1) that point is critical to your chances of winning asylum, and (2) no single piece of supplementary documentation is very convincing.
For example, if the U.S. government attorney is arguing that the “firm resettlement” bar applies to you because you spent time in another country before coming to the U.S., and you are trying to prove otherwise, you should include several letters or declarations from witnesses who can address that.
Because the main portion of Form I-589 provides you with limited space to give your answers, it's usually best to attach a separate statement using "Supplement B" (found on the end of the form, and you can make multiple copies of it).
Your written statement should explain in detail why you left your home country and why you are afraid to return there. Explain what the U.S. government should understand about your race, nationality, ethnicity, religion, tribal and clan membership, or political affiliations, especially if you are applying for asylum due to having been hurt or threatened because of one of those factors.
Describe specific incidents and dates, and include as much detail as you can remember, such as, "On March 3, 2024, I was informed that because of my religion, I was to be fired from my job." Do not simply write general statements, such as "I was discriminated against." If you cannot remember an exact date, state that you are estimating it. Focus on your persecution and/or fear of future persecution. Also discuss your family and close friends if they have been persecuted.
Your statement can be several pages long, depending on how many facts are relevant to your asylum claim. The more detailed, relevant facts you are able to include, the stronger your application will be.
Attaching personal documents will make your application stronger, especially documents that show:
To show your identity, include a copy of your passport, or other official documents such as your birth certificate, national identity card, or driver’s license. The U.S. government expects that you can prove your identity, so make sure to provide some documentation.
If possible, make sure to attach documents showing your membership in any group on account of which you claim persecution (for example, membership cards in political or religious groups).
If available, also include materials that confirm what had happened to you in your home country, such as: photographs that show how you were harmed; threatening letters you received; or police or medical reports referring to the harm you sustained.
Do NOT submit original versions of any of these documents. USCIS will probably never return them. Instead, submit copies of documents with your application, and bring all original documents to your asylum interview (or to immigration court if you are placed into removal proceedings).
You can still obtain asylum if you do not have personal documents, as long as you are credible in recounting your story. The U.S. government acknowledges that many asylum applicants fled their countries without documentation or lost it because of upheaval in their home countries, and that they do not have anyone who can send such documents to them.
Try to obtain at least some of these personal documents. If you do have them sent to you, save all evidence showing how you had obtained them (such as envelopes, fax transmittal letters, or cover letters that came with your supporting documents).
You can provide several different types of statements (affidavits, declarations, or letters) to support your claim. They can come from several sources:
If possible, provide one or more fact-witness statements. You can talk to your witness first, and then draft a declaration (based on what that witness knows personally) for the witness to sign. Include statements only if they are detailed, focus on facts relevant to your asylum claim, and corroborate your statement. Although most asylum applicants who provide witness statements get them from friends of family, statements from authority figures are even more credible (for example, from local clergy, professors, or government officials). Make sure to save all evidence (such as envelopes and fax cover sheets) that show how you obtained your witness statements.
If you have physical signs of your persecution (such as scars, signs of female genital mutilation, or physical impairments due to your abuse), you should see a medical expert, who can examine you and then prepare a report. Immigrant assistance groups and lawyers often have lists of doctors who will do this for free.
Similarly, if you suffer emotional problems as a result of harm you suffered in your country (such as depression, insomnia, or anxiety), see a psychologist or a psychiatrist. Again, ask an immigration assistance group or a lawyer for free recommendations. The psychological expert will talk to you about your emotional difficulties and about your past, and then prepare a report for you to submit with your I-589.
Also try to include an affidavit from an expert on the conditions in your country. Again, ask an immigrant-assistance group or a lawyer for help finding one who will do it for free or at a reduced fee. Such experts are usually university professors or human rights activists familiar with human rights abuses in your country. The expert will meet with you and then prepare a report that discusses the conditions in your country and how your story is believable given those conditions.
If possible, include any newspaper or other media articles that help to explain what had happened to you. The more specific they are to you, the better. For example, newspaper articles with a picture of you at a political rally or mentioning persecution of members of your religious organization or social group would be ideal. Helpful articles show that your story is consistent with what independent sources have said is occurring in your country.
You may submit articles from newspapers, books, or online sources (if published on official or otherwise credible websites). These should be more specific than the “Human Rights Reports” explained below. Many applicants do not have any such articles, and rely on the more general “Human Rights Reports” only. You can still obtain asylum without these documents, as long as you have a strong legal claim and you are credible.
Attach reports about human rights conditions in your home country for the preceding two to three years (and make sure to include the years during which you were persecuted). Information about country conditions can be found on the following websites (look for links to your specific country):
Even though they are long, include the entire reports on your country. Simply highlight or underline (or otherwise point out) the information that is most relevant to your claim.
Make sure that every document that is not in English is submitted to the U.S. government with two additional documents:
See Sample Format for Translating Non-English Documents for Immigration Applications for more information.
An experienced immigration attorney can be hugely helpful in gathering supporting documents from independent sources, linking you up with medical professionals, evaluating the strength of your asylum claim, drafting affidavits, preparing witnesses, and accompanying you to in-person interviews or court hearings. Also see How to Get a Lawyer to Represent You Pro Bono (Free) in Immigration Court Removal Proceedings.
]]>Should you apply for asylum now or wait until you are no longer in lawful immigration status? (For purposes of eligibility to apply for asylum, it doesn't matter whether you have a valid visa or are in the U.S. unlawfully.) This is ultimately a strategic question, which depends largely on:
The date by which you must depart the United States is likely on a document called an I-94, which you can access online. If you are here on an F-1 student visa, however, you might not see a date. Instead, you might be allowed to stay for the duration of your status (D/S); that is, until your program of academic studies is over.
You might even be able to remain in the U.S. legally for a number of years, by applying to extend your work visa status or applying for admission to another U.S. academic or vocational program for additional study or training.
Applying for asylum immediately, however, might be in your best interest, so as to more quickly obtain work authorization.
More people have applied for asylum in recent years than the system can handle. Many people can expect to wait years for a decision. USCIS has, however (starting in 2018), been implementing a "last in, first out" system of handling applications, meaning the latest people to apply are ordinarily heard before the rest of the backlog.
In any case, you might well be out of lawful immigration status before a final decision is made on your asylum application. Nevertheless, you will be allowed to stay in the U.S. while awaiting that decision.
Applicants with any lawful form of immigration status, such as a visitor visa (B-1 or B-2), student visa, or work visa, typically receive the asylum decision by mail a few weeks after the asylum interview. If the officer does not grant asylum, you will receive a Notice of Intent to Deny (NOID) explaining why. You will have 16 days to respond to the NOID.
Assuming you reply, the asylum officer will read your response and think about whether to change their mind. If the asylum officer does have a change of mind, you will receive a grant of asylum in the mail. Otherwise, you will receive a final denial.
If you are denied asylum you will remain in whatever status you were in before. If you are not in lawful status, you will normally be issued what's called a Notice to Appear (NTA) in Immigration Court. During the court proceedings, you can renew the asylum case at a hearing before an immigration judge.
It can be helpful to consult with an attorney who specializes in immigration law in order to discuss and strategize your timing. The attorney will know the latest USCIS policies and can help you prepare a convincing case for asylum. Of course, attorney fees can be one of the largest expenses associated with applying for asylum.
Fortunately, asylum is an area where you'll find a lot of help from volunteer attorneys or nonprofit (charitable) organizations serving immigrants and refugees.
]]>Form I-589 and instructions are available on the I-589 page of the USCIS website (www.uscis.gov).
Here are some things to keep in mind as you fill out the I-589 form to apply for asylum.
Here is some helpful line-by-line advice for completing Form I-589. This refers to the version of the form published 03/01/2023. When the answer to a question should be obvious, we will skip it in this discussion.
Near the top, you'll see: “NOTE: Check this box if you also want to apply for withholding of removal under the Convention Against Torture.” That means you should put an x in the box if you can provide evidence that you would be tortured if returned to your country of origin.
Make sure to also check the “Torture Convention” box later, in Part B, Question 1. You will need to prove that it is more likely than not that you would be tortured if you were removed from the United States in order to receive extra protection on this basis. To learn more about why this is an important backup, see Which Should I Apply for: Asylum, Withholding of Removal, and/or Protection Under Convention Against Torture? and How to Apply for Convention Against Torture Protection.
Part A. I, “Information About You”: Most of this section is self-explanatory, but below we will discuss certain questions that might require further guidance.
Question 1. Alien Registration Number (A#). The A-number is an eight- or nine-digit number starting with an “A," which you are likely to have only if you've submitted certain previous applications to USCIS, such as for a work permit if you were here as an F-1 student, or been in removal (deportation) proceedings.
Question 2. Social Security Number. If you have a valid number from the Social Security Administration, list that here.
Question 3. Chances are slim that you have a USCIS Online Account Number; it's only for people who have registered to submit certain types of applications to USCIS online. Leave this blank if you don't have one.
Questions 4-9. Your name, address, and other identifying information. If you used a false name to enter the United States, now is the time to start using your real, legal name. If you do not have three names (first, middle, last), leave the space for whichever name it is blank—do not write "None" or USCIS might think your actual name is "None"! If your mailing address and phone number are the same as your physical residence, write “Same as above” in the first line of the address and phone number questions. Do not leave these blank. The rest is self-explanatory.
Question 10. Gender. If you are transgender, you may check the box that aligns most closely with your current gender identity. If choosing either "Male" or "Female" is no simple matter, you can also write an asterisk (a "*") here and say, “See Supplement.” Then make sure to further explain this in your supplementary statement, particularly if it's part of the basis of your asylum claim.
Question 11. Marital status. This refers to your legal status, not your current living situation. In other words, if you're living with someone, you're still considered "single."
Question 12. Date of birth. If you aren't sure of your birth date (and can't locate documents showing it), you can enter your best estimate or write "unknown." Then enter an asterisk and explain the situation in Supplement B to the form or any separate supplement you prepare.
Questions 13-14. Self-explanatory questions about your birth.
Question 15. Nationality at Birth. You will need to write your birth country’s name here. If you are now a citizen of a different country than the one in which you were born, be prepared to answer questions about why you are unable or unwilling to return to your birth country (instead of the country for which you are applying for asylum) and provide evidence to back up your statements.
Question 16. Race, Ethnic or Tribal Group. If you are applying for asylum based on race, ethnicity, or tribal affiliation, enter the name of your group here. Make sure that the identifying name matches any evidence that you are attaching to prove your claim. If you need further space to explain, use Supplement B.
Question 17. Religion. If you are applying for asylum based on religion, make sure your answer here matches any evidence that you provide with your application and that you name the specific branch, sect, or denomination. For example, instead of "Jewish," an applicant persecuted on the basis of religion might say, "Orthodox Jewish."
Question 18. Immigration Court Proceedings. If you have ever been before an immigration judge in removal proceedings or been arrested by U.S. immigration or border patrol authorities, see an attorney for help with your asylum application. You might not be eligible to File I-589 except via the immigration court, while in proceedings.
Question 19. Entry into the United States and visa. Answer this section completely and truthfully even if you entered the country without inspection by port of border officials, or you overstayed your permitted time under a visa. In most cases, immigration violations will not affect your asylum case if they were due to an effort to escape persecution. (If in doubt, however, consult an attorney.) If you entered on an F-1 student or J-1 exchange visitor visa, you probably didn't get an actual expiration date for your status (because you were allowed to stay in the United States until completing your studies), and should enter "D/S" for "duration of status." For your I-94 number, check the U.S. Customs and Border Protection website.
Questions 20-22 Passport information. If you don't have a passport, enter "N/A" (not applicable) in every relevant space. If you used a false passport, you should still answer "N/A," but explain your entry on Supplement B.
Questions 23-25. Your "native language" is the one you spoke at home. If you used another language at school or at work, enter that in Question 25. Do NOT say you are fluent in English unless you really are, and are willing to give up your right to have an interpreter at your asylum interview.
Part A.II, “Information About Your Spouse and Children”
Your spouse. If you are not married, check the applicable box and skip ahead. Otherwise, answer questions 1-24 completely. Unsure whether you are legally married? It's better to say that you are and then figure out the details later. That way, you help ensure that USCIS grants asylum to your spouse if and when you are approved. Question 24 is an important one if your spouse is in the United States—it asks whether your spouse wishes to be "included" in the application. This literally means that if you are granted asylum, so will your spouse be. If, however, your case is referred to immigration court, your spouse will also end up in removal proceedings and could be deported along with you. If your spouse doesn't wish to take this risk, you can check "no" to Question 24 and file a Form I-730 for your spouse after your asylum approval.
Your children. If you don't have children, check the box at the beginning of this section. If you do have children, answer questions 1-21 for each child completely, even if your children are now adults. (Do not include the names of any who are deceased.) If you have more than four children, you will need to attach “Supplement A, Form I-589” to provide information about all of your children. As with your spouse, you will need to decide whether to formally "include" them in your asylum application. You can say "No" and file a Form I-730 Refugee/Asylee Relative Petition for them after you receive approval.
Part A.III, Information About Your Background
Question 1. List your most recent address before coming to the United States. If this country is other than the one from which you fear persecution, provide your last address from your country of origin as well. (For example, if you lived in France for a month before coming to the U.S., provide that address, as well as the address of your last residence in your home country.)
Question 2. Your residences for the past five years. Self-explanatory.
Questions 3-4. Your education and employment. Self-explanatory; though if you haven't been working, you can enter something like "student" or "at-home caregiver."
Question 5. Parents and siblings (brothers and sisters). Self-explanatory.
Part B. Information About Your Application
In this section, you will be asked questions that will be used to help determine whether you are eligible for asylum. Provide as much information as possible, recounting specific events whenever possible and providing dates, names, and locations. It can often be difficult to reveal and remember instances of past persecution, but you will need to do so here in order to submit a credible and successful asylum application.
Question 1. This asks about your basis for seeking asylum. You must check at least one of first five boxes in order to be eligible. By all means check more than one if you believe the category applies to your situation. If you are also applying for Withholding of Removal under the Convention Against Torture, check “Torture Convention.”
Question A.1-4 Here, you're asked about instances or threats of harm or mistreatment. If you, your family members, or your close friends and colleagues have experienced harm or mistreatment (or threats) due to the basis for asylum that you are applying under (one of the "five grounds") and from the country that you fear returning to, check “yes.” Explain any specific instances of harm or mistreatment (realizing that you will have to match the legal definition of "persecution"), and note when these happened and who caused the harm (or threatened harm). If you can include recent events or harm caused by government actors, along with evidence that these events occurred, it will strengthen your asylum application.
You should also state that you believe that the harm or mistreatment occurred due to the basis for asylum for which you are applying and if the harm or mistreatment was caused by a non-government actor, explain that the government was unable or willing to protect you from this harm. If possible, any family members or friends whom you name should provide affidavits attesting to the facts that you provide.
Question B.1-3. This asks whether you fear harm or mistreatment upon return to your home country. You must check “yes” here to be eligible for asylum (unless you fall into a rare exception, but don't even consider this without an attorney's guidance). Explain why you fear harm and who you believe would subject you to this mistreatment. The same guidance for the above question applies here.
Question 2. The purpose of this question regarding whether you or members of your family have been accused, arrested, or sentenced (and so on) in another country is twofold. USCIS wants to learn about any criminal history outside of the United States. However, this might also be your chance to explain instances where you or your family members were falsely accused, detained, interrogated, or imprisoned in connection with your basis for asylum (for example, due to your race or religion), in which case the arrests, imprisonment, and so on would be considered “persecution” for purposes of asylum. If this is true of you, provide as much information as possible, including records of your arrest, court proceedings, or imprisonment and why you believe you (or your family members) were targeted. If your arrest or prosecution had nothing to do with your persecution, however, do not submit an asylum application without speaking to an attorney first; serious nonpolitical crimes are a bar to asylum.
Question 3.A. This asks about your membership in groups and organizations. It's another dual-purpose question, which will determine whether you have been a member of a group that has persecuted others or been involved in terrorism (also bars to asylum). If so, consult an attorney before considering filing for asylum. But this is also your chance to show that you are a highly visible participant in political, religious, activist, or media-related activities. If you are a member of organizations that have been targeted by your government (or by other actors that the government is unwilling or unable to control) list those groups here, as well the extent of your activities in this group and any leadership positions you held. For example, you might say, “I was the president of a student activist group that protested the government and was later interrogated because of this.”
Question 3.B. If you or your family members continue to be involved in the groups that you listed in the previous question, check “yes” and provide an explanation and evidence. Continued membership can show that you are so dedicated to these organizations that you cannot simply leave or quit them in order to avoid persecution, which could thus strengthen your case for asylum.
Question 4. This asks about your fear of torture. Do not answer “yes” here if you do not truly believe you could be tortured upon return to your home country. (It is not a requirement for asylum.) However, if you are applying for withholding of removal under the Convention Against Torture, you will need to answer “yes” to this question and provide a convincing explanation.
Part C. Additional Information About Your Application
Question 1. This question asks about any previous requests for asylum, refugee status, or withholding of removal you might have made. Your answer could help or hurt you, depending on the outcome of your or your family members’ applications for asylum. It's okay if you're reapplying for asylum after a change in your circumstances materially affected your eligibility. If, however, you were previously denied asylum for a reason such as fraud or criminal history, reapplying is not likely to help you gain approval. If your family members were successful in obtaining asylum because of a situation that is similar to yours, it could strengthen your case to show that an asylum officer or immigration judge granted their request for asylum.
Questions 2.A and 2.B. These ask about your prior foreign travel or residence. USCIS wants to know if you could return to a third country (other than the U.S. and your country of origin) where you would not be persecuted; that is, whether you were "firmly resettled" elsewhere. For this reason, it wants to know whether you or your family members traveled through, lived in, or applied for or received an immigration benefit in a third country. If you check “yes” to either question, discuss your length of stay and why you left that country. Also explain why you didn’t apply for asylum there (for example, “I did not need to apply for asylum when I traveled to France, but I need asylum protection now due to changed circumstances in my home country”). If you did submit an application for asylum or refugee status in this third country, explain the outcome of your case and be prepared to answer questions about this in your asylum interview or individual hearing. If you were offered permanent residence in that other country but refused, you will not be eligible for U.S. asylum.
Question 3. You will be ineligible for asylum if you were involved in carrying out activity that is considered “persecution.” If you need to answer “yes” here, you will have to provide solid reasons why you participated in these activities. For example, “In my village, all men over age 16 were forced to join guerrilla or paramilitary forces or else their family members would be killed.” Provide evidence to back up your explanation (for example, articles and reports from human rights watchdog groups).
Question 4. If you left your home country and then later returned, you will need to check “yes” here and give the details of these trips, including dates, reasons for travel, and length of time you remained there. If you had the opportunity to apply for asylum in another country at an earlier date and you did not do so, USCIS might determine that you did not truly fear persecution. Explain any changed circumstances since the date you returned to your home country or extenuating circumstances about why you needed to return (for example, “I returned because my father was seriously ill and I needed to make sure that he was receiving adequate medical care”). If your reasons are not convincing, USCIS could decide, based on your actions, that you don't truly fear returning to your home country.
Question 5. You must file your application for asylum within one year of arriving in the U.S. or one year after the expiration of your legal status (if applying defensively, in court) unless you can prove “extraordinary circumstances” that led to the delay in filing. If you must file after the one-year deadline, seek the assistance of an experienced attorney, as you will need to provide additional evidence with your application. Some examples of “extraordinary circumstances” include illness and changed circumstances in your home country (for example, you now fear persecution because of a change in ruling party).
Question 6. USCIS wants to know that you have been a law-abiding person during your stay in the United States. If you (or any family members included in your application) have ever been arrested, charged, or convicted of a crime in the United States, you need to provide details and documentation with your application. (And absolutely see an immigration attorney, preferably at the same time that you are being represented by a criminal attorney. Some criminal attorneys don't realize the affect that pleading guilty to something can have in immigration terms, since they're focused on keeping their clients' jail time to a minimum.)
Part D. Your Signature: Print your name in English and in your native alphabet. If your spouse, parent, or child helped you to complete the form, check “yes” and provide their information. If another person helped you to prepare the firm, check “yes” and make sure that person completes Part E. In the application instructions, you are advised of your right to counsel (an attorney) and given information on where to find low- or no-cost attorneys and organizations that can assist you with your asylum application; and Form I-589 asks you to confirm whether you received this information.
Part E. Declaration of Person Preparing Form, if Other Than the Applicant, Spouse, Parent or Child: If an attorney, nonprofit organization employee, or another individual prepared Form I-589, they should complete this section.
Part F. To Be Completed at the Asylum Interview, if Applicable: DO NOT FILL IN THIS SECTION. If you are filing an affirmative asylum application (you are not in removal proceedings), you will be scheduled to attend an asylum interview at a nearby USCIS Asylum Office where you will be asked to sign this section.
Part G. To Be Completed at the Removal Hearing, if Applicable: DO NOT FILL IN THIS SECTION. If you are in removal proceedings and filing a defensive asylum application now, or if you are later placed into removal proceedings, you will be asked to complete this section in immigration court.
The Form I-589 also has two Supplements. Supplement A allows you to name more family members. Supplement B has space for anything else that didn't fit on the main form. (Or, you can submit a separate statement that you prepare; just make sure to put your name and other identifying information on it, in case it gets separated from the main form.)
After you have completed the application, make a copy for your files. Where you will submit your application and supporting information will depend on whether you are in removal proceedings or not and in which state you live. Consult the instructions on USCIS's I-589 page.
Online filing became an option for applicants who are NOT in removal proceedings in 2022. To use it, you will need to create a MyUSCIS account, then choose “File a form online” and, in the dropdown menu, select “I-589, Application for Asylum and for Withholding of Removal.”
The form itself is not the end of the process, however. You will need to submit documentation with your asylum application, to prove your identity, the nature of your persecution, and more. For a checklist and other helpful information on how to submit foreign language documents, see How to Prepare an Affirmative Asylum Application.
There is currently no fee for filing a Form I-589. However, there are other expenses to be aware of, as described in Applying for U.S. Asylum: How Much Will It Cost?.
An experienced immigration attorney can be hugely helpful in gathering supporting documents from independent sources, linking you up with medical professionals, evaluating the strength of your asylum claim, drafting affidavits, preparing witnesses, and accompanying you to in-person interviews or immigration court hearings. Even if you're low income, you might be able to find professional help. See, for example, How to Get a Lawyer to Represent You Pro Bono (Free) in Immigration Court Removal Proceedings.
]]>This article will discuss:
The main asylum applicant's spouse (husband or wife) and unmarried children under the age of 21 are considered "dependents." As long as your dependents are physically in the United States, you can ask that they be included on your application for asylum.
You will need to name each of your dependents on the asylum application in any case, but by checking “yes” in the appropriate box—in Part A.II, Question 24 in the section for spouses, and Question 21 in the lower section for children (referring to the version of Form I-589 issued on 03/01/2023)—they will share in your asylum grant or denial.
Dependents do not have to have suffered persecution or fear persecution to be included in an asylum application. Only the main applicant needs to prove that. Dependents can be citizens of any country other than the United States.
If you win asylum, all eligible dependents who are included in the asylum application at the time the decision is made will be granted asylum as well—so long as they aren’t barred from basic eligibility. The asylum officer or immigration judge will look at the bars to asylum, including whether the dependent has already been in the U.S. for more than one year.
You can include family dependents on your U.S. asylum application up to the time a decision is made on your case. If you are planning on including dependents who are in the United States when you file your I-589 application for asylum, it might be a good idea to include them on the application at that time—though including them also creates certain risks, as described below.
Like you, your dependents will be fingerprinted (at a biometrics appointment), and the immigration judge or asylum officer will have all the information about them before the interview.
Dependents who arrive in the United States after you filed the asylum application can still be included in your application. To do so, you’ll need to tell the interviewing officer or presiding judge that you want to include your spouse or children, and the officer or judge can add them to your application. An asylum officer will add a dependent to the asylum application as long as the dependent is not in court proceedings.
Even if they are dependents on your application, your spouse and unmarried children under 21 can choose to file their own applications for asylum.
This is something to consider if your dependents have themselves experienced or fear persecution on account of their race, religion, nationality, membership in a particular social group, or political opinion. Some people see this as getting “two bites at the apple,” since every asylum applicant will be interviewed separately. If one applicant is granted asylum, that person's dependents (those who are not barred from asylum) will be granted as well.
On the other hand, if you decide after applying that you do not want your dependents to be included in your asylum application, you can ask the officer or judge to remove them from the form. You might consider this if, after including your dependents, you become unsure about the strength of your own claim, particularly if circumstances have changed in your country or your life since you originally filed the form. (This would be a good time to talk with an attorney.)
Every applicant who files an asylum application will be offered an interview with the USCIS Asylum Office, whether or not they are also dependents on another application. The asylum office or immigration court will attempt to hear related cases at the same time, but that might not be possible. Officers and judges will review all files before making any decisions and will not make their decision until every principal asylum applicant has been interviewed.
Every dependent must appear at the principal applicant’s asylum interview or court hearing. The officer or judge will require that all dependents show identification or otherwise verify their identities and relationship to the principal applicant.
If USCIS grants asylum to the principal applicant, all eligible dependents will be granted asylum as well. Applicants who are not granted asylum will (if they're not in lawful immigration status) be referred to immigration court for a hearing in front of an Immigration Judge, along with all undocumented dependents.
Asylum applicants who are not granted asylum and who are in lawful immigration status—that is, have a right to be in the United States, such as an unexpired I-94 based on a visa entry—will receive a Notice of Intent to Deny (NOID). Dependents who are "in status" (in the U.S. with permission) will be listed on that notice as well.
Deciding whether to add dependents on your asylum application and whether to file claims both as a principal and a dependent is a strategic choice. It is a good idea to consult with an experienced immigration attorney to help you make this decision.
]]>Although asking the U.S. Postal Service (USPS) to forward your mail to your new address is a good idea generally, it won't do much good here. For starters, USPS will not advise USCIS of the change. More importantly, USPS will not forward your mail from USCIS, because of the risk of fraud and of important documents being sent to the wrong person or place.
The first thing you should do is to create a USCIS online account (if you don't already have one) and submit your change of address there. This should ensure you receive all USCIS correspondence and avoid delays.
You will need your receipt number from your pending asylum application in order to successfully notify USCIS of your new address. If you haven’t yet received a receipt notice, you can instead call USCIS Contact Center toll-free at 1-800-375-5283.
The notification method that was favored in previous years is to go to the USCIS website and complete the electronic Form AR-11, Alien’s Change of Address Card. If you have issues creating the online account, you could try this method instead.
If you are moving far away and you have already received a date and location for your local asylum interview, you must also submit a request to reschedule your interview at an asylum office that is closer to your current residence. You can do this by mailing a letter to the asylum office or field office where your interview is scheduled, explaining that your address has changed and requesting an interview date at a USCIS asylum office or field office that is more convenient.
The address for the asylum office handling your case should be located on your interview notice. Online, you can find both a list of asylum offices and a list of field offices. Make sure that your rescheduling request is received prior to your interview date. If that is impossible, you must make the request no later than 15 days after or else you risk the denial of your asylum application.
A good attorney can not only help you with paperwork matters such as changing address, but might improve your chances of obtaining asylum, by helping you highlight the legally recognized aspects of your fear of persecution. Fortunately, asylum is an area where you'll find a lot of help from volunteer attorneys or nonprofit (charitable) organizations serving immigrants and refugees.
]]>Such forms of protection are available only in extreme or exceptional circumstances.
Asylum is a form of legal protection available to certain people who cannot or would not feel safe if they tried to live in their home country, because of past persecution or the danger of future persecution based on their race, religion, nationality, membership in a particular social group, or political opinion.
Unfortunately, U.S. embassies and consulates cannot process requests for this form of protection. That's because, under U.S. law, asylum seekers can apply only if they are physically present in the United States (or at least at a U.S. border or other point of entry).
There is a common misconception that U.S. embassies and consulates are basically the same as U.S. soil. It is true that international law protects national embassies and consulates from being destroyed, entered, or searched (without permission) by the government of the country where they are located (the host country).
However, this does not give those embassies or consulates the full status of being part of their home nation’s territory. Therefore, U.S. law does not consider asylum seekers at U.S. embassies and consulates to be “physically present in the United States” (or at a U.S. border or point of entry).
This does not mean that embassy personnel cannot offer any help at all to people who are in danger and seek their protection. In extreme or exceptional circumstances, U.S. embassies and consulates can offer alternative forms of protection, including (in most countries) temporary refuge, a referral to the U.S. Refugee Admissions Program, or a request for parole to the U.S. Department of Homeland Security.
Temporary refuge is a form of short-term protection from physical danger when the danger is both immediate (for example, a person is being pursued by a mob) and exceptionally grave (most often when there is a risk of possible death or serious bodily injury). It is also available to people who are in immediate danger of persecution based on the traditional grounds for asylum (described above).
In practice, this option tends to apply to high-profile figures, but it can be open to a few others as well. It provides temporary shelter by allowing people who need protection to enter and stay in the embassy or consulate after closing hours, at least until the danger ceases or the person chooses to leave. This option does not involve getting any help leaving the host country.
If you believe you might need temporary refuge, keep in mind that (depending on your home country’s relations with the United States) staying at a U.S. embassy or consulate could actually attract negative attention to both you and embassy personnel, and put you at greater risk in the near future.
You might be eligible for an embassy or consulate referral to the U.S. Refugees Admissions Program, which is basically a request by the embassy or consulate that another U.S. government agency (the U.S. Department of Homeland Security or DHS) examine you to decide whether you should be allowed to enter the United States as a refugee (a form of long-term protection similar to asylum status).
This option might be available to high-profile figures or other people personally known by U.S. diplomats. However, even if you meet this condition, you might still need a personal referral not just from any diplomat but from the ambassador, simply because you are still in your home country.
Moreover, obtaining this referral would be only the beginning of your refugee application, which is likely to require further processing with a formal interview at another location (involving a DHS official), and the assistance of a nongovernmental organization once you arrive in the United States.
Nevertheless, if you obtain refugee status, you should also be able to receive at least partial assistance (from the International Migration Organization) in leaving your country.
If neither of the two forms of protection above (or any other route to the United States) seems appropriate in your case, you could still be considered for a middle option called “parole.” Parole is a measure of last resort that allows people who are not admissible in the United States to enter and stay in the country for a fixed but sometimes renewable period of time, either for urgent humanitarian reasons (humanitarian parole), or for a “significant public benefit” to the United States (SPB parole).
Humanitarian parole might be available in urgent medical, family, and comparable cases. SPB parole might be available to persons of interest to U.S. law enforcement or national security (for example, people with information that the U.S. government could use to prosecute a criminal or prevent a terrorist attack).
In either case, a U.S. embassy or consulate may request parole on your behalf to DHS—you cannot do so directly on your own.
People who obtain parole are unlikely to receive any financial or other assistance from the U.S. government in leaving their country or in living in the United States. They are required to leave the U.S. promptly as soon as the reason for their parole ceases to exist (even if this happens before the end of their official parole period).
Even if you might qualify for temporary refuge, refugee status, or parole, you should keep in mind that your request for protection could indirectly disqualify you from obtaining a nonimmigrant visa to the United States. Therefore, if you believe you also qualify for such a visa, and have sufficient opportunity to apply for one, you might consider this route first.
]]>The good news is, you might be able to apply for asylum again if your permitted stay in the United States hasn't yet expired, as described here. In particular, we'll focus on:
U.S. immigration law imposes serious penalties on people who knowingly submit a “frivolous” asylum application to USCIS. Not every application that gets denied is considered so flimsy or weak as to be frivolous, however. An asylum application is considered frivolous when the applicant knowingly falsified important or material, portions of the story. Penalties can include a permanent ban on receiving any U.S. immigration benefit, such as asylum or any family- or employment-related green card.
Unfortunately, some people find themselves in this situation because they hired and relied on an unqualified consultant or notario rather than an expert attorney. If that happened to you, perhaps you did not even know what the person entered on your asylum application and what story you thereby told U.S. immigration authorities. Hopefully you also did not try to testify in your asylum interview to any false claims that might have been presented there. But if the fault was mostly the consultant's, you might, in your next application, be able to convince an asylum officer that you did not knowingly file a false application, and that you do have a valid claim for asylum.
If you yourself filled out the asylum application without understanding the law, the key question is whether you made up anything, in your effort to present what you thought was a convincing case. Affirmative lies will be a problem going forward. Omissions of important facts will be less of a problem, particularly if you can explain why you didn't realize they were important to mention.
You will have a higher burden of proof with your second application (that is, you'll have to work harder to be convincing) because of the denial of the first one. In addition to meeting the criteria for affirmative asylum, you must be able to fully explain what happened with your first application.
To help with this, you should submit a statement explaining not only your true asylum case, but accounting for what went wrong the first time. Supply documentary proof when it's relevant, for example if it was clear that the officer didn't believe particular parts of your claim.
If you were assisted by an unscrupulous or incompetent immigration consultant who messed up your application, include that person's name, address, and phone number. If you have the person's business card, submit a copy and bring the original to your interview. In your statement, list all of the meetings you had with this person and describe in as much detail as possible what the consultant said or advised you to do.
USCIS is aware that there are individuals, often called notarios, who falsely advertise themselves as immigration experts. The agency does investigate those people when it has enough information about them, and can sometimes prosecute and imprison them.
Obviously, your second asylum application will need to address any problems that resulted in the denial of the first one. A number of factors can cause U.S. Citizenship and Immigration Services (USCIS) to deny applications for asylum from people who are afraid of persecution in their home country.
For instance, perhaps you tried to prepare the Form I-589 application yourself, without fully understanding the law. Perhaps an unqualified immigration attorney or consultant filled in the application without much actual consultation with you, and overlooked an important part of your claim.
Or perhaps the interview didn't go well. For example, was the asylum officer confused by your story or distracted by an irrelevant aspect of it? Did you fail to put forth important information? These are important concerns when preparing a second application.
Keep in mind that the asylum officer took notes during your first interview. Those notes will be in the file for your second. The officer who meets with you will have reviewed the notes, and the Form I-589, and will be able to confirm the statements you made at the first interview. If any of those statements might tip the balance against you, think ahead about how to deal with them, including in your written statement.
Not only must you clearly and thoroughly explain any confusion and omissions in your first asylum application, you must prepare a complete new asylum application; one that accurately reflects your experience in your home country and shows why you fear persecution if you return there.
You will need to fill out Form I-589 again and obtain new photos. You will once again be called in to have your fingerprints taken, and you will attend a new interview. Read more about Applying for Asylum or Refugee Status.
It would be wise to find a licensed immigration attorney who has experience with asylum claims. The attorney should review the circumstances concerning your first application, and spend the time necessary to learn your story. The attorney will help you prepare your statement and supporting documents and review your second application with you before submitting it to USCIS.
]]>In some situations, it is possible to include a spouse in your asylum grant, although this does not help in the situation described here. The law says that any spouse or child under 21 who is physically in the United States at the time of the asylum adjudication can be added to the asylum application as a dependent and will be granted asylum if the principal applicant is granted asylum.
However, in order to list a spouse as a dependent, the legal relationship must have existed before the grant of asylum. If you married your fiancé only after you received asylum, and your fiancé was not physically in the United States when you won your case, that person cannot obtain asylee status from your claim.
As an asylee, you are allowed to apply for and obtain a green card for yourself one year after the grant of asylum. (That application and approval process in itself can take several months.) Once you receive your U.S. green card, you can file a petition for alien relative for your spouse (See Preparing an I-130 Visa Petition for the Immigrating Spouse of a U.S. Permanent Resident.)
It is important to realize, though, that approval of an I-130 petition will not, by itself, get a spouse a green card. Your spouse could have to wait for a current Priority Date (which typically takes from two to five years), then file an application for U.S. residence. (See articles discussing the Application Process for a Green Card Based on Marriage.
If your spouse is undocumented, however, it seems unlikely that they will be able to adjust status within the United States. Only a few categories of people can use the adjustment of status procedure instead of applying for their green card using the procedure known as “consular processing,” which involves an interview at the U.S. embassy or consulate in the immigrant’s home country.
Importantly, people who have been in unlawful status in the U.S. for six or more months may, upon leaving the U.S. for any reason (including the required consular interview), be barred from reentering for three or ten years. The amount of time a person is barred from reentering the U.S. depends on whether the unlawful stay was between six months and one year or greater than one year. For more information, see Living in the U.S. and Married to a U.S. Permanent Resident: What Are the Immigration Options? A waiver of the unlawful presence ground of inadmissibility is possible, but only if you can show hardship to close U.S. relations.
It is always a good idea to consult with an experienced immigration attorney to help figure out the best course of action, prepare the forms, and draft convincing arguments and documents to support the application.
]]>You don't need to take active steps to prove these, but if any appear to be issues in your case, be ready to address them in your adjustment application and at your interview (potentially with the help of an attorney). This article will explain how the interview might proceed.
In case the prospect of the USCIS interview seems intimidating, it's worth remembering that as an asylee, it's in your best interest to apply for a green card as soon as you can. This is especially true because, after five years, green card holders are eligible to apply for naturalization. Asylees are also given one year's credit for their time as an asylee, which means most will be able to apply for naturalization only four years after getting their permanent residence approved.
Once you're a naturalized U.S. citizen, you can no longer be deported from the United States (except in rare cases, mostly involving fraud) and thus need not fear being sent back to the country that persecuted you.
After you submit your complete adjustment of status application (Form I-485 and supporting documents), you will be issued a notice for a fingerprint (biometrics) appointment at an Application Support Center (ASC). You must attend this.
Later, you will be sent an appointment notice for an interview at a local U.S. Citizenship and Immigration Services (USCIS) office.
Prepare to bring your original I-94, birth certificate, and passport with you, and any other documents USCIS requests.
Plan to arrive at the USCIS office at least 30 minutes before your scheduled interview time. If you cannot make it, contact that office as soon as possible. You will likely be able to reschedule for another date.
When you arrive, you will probably need to go through security and a metal detector, so double-check that you aren't carrying around a small knife, or self-defense (or offense) items such as pepper spray, which could be confiscated and possibly not returned.
Also be ready to sit in a waiting room for a long time; the interview doesn't always take place exactly when planned. You might not be allowed to bring food, so have a good meal ahead of time.
The USCIS officer will eventually call you into a small cubicle. The officer will begin your interview by asking you to swear to tell the truth, then reviewing the information in your adjustment of status application. Let the officer know if anything in your application has changed, for example you have changed your address or have had a child. Bring a copy of proof of such events for the file, such as the child's birth certificate.
Throughout the interview, be polite and respectful to the officer. Answer all questions directly. Do not give information unrelated to the questions asked.
Although much of the USCIS interview will be a routine review of your adjustment of status application, the officer has important decisions to make regarding whether you are eligible for a U.S. green card.
The interviewing officer will look into your files for the Form I-589 (application for asylum) you completed and submitted. You will not be expected to prove your case again (like you did either in immigration court or before an asylum officer).
Asylees cannot be found inadmissible to the U.S. on all of the grounds that other noncitizens are. The grounds that asylees need NOT worry about include public charge (receiving need-based government assistance), labor certification (creating problems for foreign nationals who worked in the United States without proper authorization), and lack of documentation (referring to someone who entered the U.S. without immigration papers or proper documentation).
Still, asylees can be barred from a green card by other grounds of inadmissibility, including health-, criminal-, and security- or terrorism-related grounds. The officer will need to determine that you are not barred on one of these grounds before approving your application. Specifically, if the USCIS officer determines that you match the description of any of the following grounds of inadmissibility, your case becomes much more difficult:
You will not be granted adjustment of status and will be ordered to attend removal (deportation) proceedings. If you believe you could be subject to any of these grounds, contact an immigration attorney before applying for adjustment of status.
If you did not submit your medical exam report (on USCIS Form I-693) with your adjustment of status application, you will need to visit a USCIS-authorized doctor to get this done, and then take the completed exam report to your interview. The report will be considered good for two years after it is signed by a civil surgeon.
From the results of the medical exam, the USCIS officer will decide whether you are subject to any health-related grounds of inadmissibility.
If you have had any contact with law enforcement anywhere in the world, including arrests, charges, or convictions, you will need to bring the police and/or court records with you to your interview. You should also hire an attorney to evaluate your record before you set foot in a USCIS office; you could be subject to removal from the United States.
The officer may take testimony under oath from you in your interview if concerned that you might be subject to a criminal ground of inadmissibility.
Many of the criminal grounds of inadmissibility are waivable for asylees, using USCIS Form I-602. You will need to demonstrate to the USCIS officer that humanitarian, family unity, or public interest concerns merit a waiver in your case. Bring a copy of this waiver request to your interview if you are subject to a criminal ground of inadmissibility. This, too, is best prepared with a lawyer's help.
If the USCIS officer conducting your interview determines that you meet all the requirements for adjustment of status, you will receive a decision in the mail soon after your interview. Your green card will arrive by mail soon after that, typically within a few weeks (though longer backups have been reported at times).
Protecting your asylee status is important. It's worth consulting an experienced attorney, if possible, or hiring one to prepare or review your adjustment of status documents and possibly accompany you to your USCIS interview. This could be especially crucial if conditions in your country have changed or you have other reason to believe the USCIS officer will question your ongoing eligibility for asylum.
Some nonprofit organizations will provide free or low-cost attorneys to low-income applicants. Or you can use Nolo's Lawyer Directory to find an experienced immigration attorney near you.
]]>We'll discuss all these steps in this article.
You can download the asylum application form for free from the I-589 page of the USCIS website. In fact, Form I-589 is the only form you'll need to file to apply for all of the following forms of relief, and it's possible you'll want to apply for more than one, so that you have back-up options:
If you hire an attorney to handle your case, the attorney will prepare the I-589 form for you, using information you provide.
Before you fill out Form I-589, carefully read the USCIS instructions provided for it. Note that if you fail to answer even one question, USCIS can send the entire application back to you to revise and resubmit. So, if no answer exists, or a question does not apply to you, simply type “N/A” (“not applicable”) in the answer space for that question. It's best not to leave any spaces blank unless they're clearly optional.
When answering questions on Form I-589, be sure to provide sufficient information about your race, nationality, ethnicity, religion, tribal and clan membership, or political affiliations, especially if you are applying for asylum due to having been hurt or threatened because of one of those factors.
Be careful to list all of your biological and adoptive children. Include children even if you are not (or were never) married to their parent. Also include your children even if they are married or if they are 21 years old or older. (Although married children and children who are 21 years old or older do not receive asylum automatically when your application is approved, you may file for their legal status once you become a permanent resident or citizen. Failure to mention them now could create trouble for those later petitions.) Also see When, How to Include Family Member Dependents on Your Asylum Application.
If you cannot remember specific dates requested on the Form I-589, try to include the month and the year if you can remember them accurately. If you are estimating a date, state so by noting that the date is an estimate (“est.”) or approximate (“approx.”). Do not try to guess specific dates if you cannot remember them.
The information you set forth in your asylum application will be confidential. Only the U.S. government will have access to it. It is important that you fill out your asylum application completely and truthfully. Include information that you actually remember, and if you are not sure about some details, state so.
For further detail, see Filling Out Form I-589 Application for Asylum. Don't forget to make a copy of the form when you're done, for your own records.
In Part B of the I-589, you will need to address the important question of why you are seeking asylum. You should include information about what happened to you and your family in the past which has made you afraid to return, why you (or your family) were harmed, and what you believe would happen to you if you had to return to your home country.
You should describe specific incidents and dates, and include as much detail as you can remember. Do not simply write general statements. Again, if you cannot remember an exact date, state that you are estimating it.
It is a good idea to attach a written declaration to your application (described below and in How to Write an Asylum Declaration to Go With Your I-589 Application). That way, you can give short answers to the questions in Part B, and say "See also attached declaration."
Your written statement (declaration) should explain in detail why you left your home country and why you are afraid to return there. You are not required to include it with your asylum application, but it will help the asylum officer better understand why you are applying for asylum.
Such declarations often go on for several pages. You will want to include the following information:
At the end of your declaration, write: “I declare under penalty of perjury under the laws of the United States that the foregoing is true and correct.” Then sign the declaration and date it.
This is also something an attorney can help you draft, if you hire one.
Asylum officers find background information about the human rights situation in your country, and about any specific events that you were involved in, very useful. It helps establish that your story is consistent with what independent sources have said is occurring in your country.
You may submit copies of articles from newspapers, books, or human rights reports that help to explain the situation in your country and what had happened to you. Information about country conditions can be found, for example, from:
When an attorney prepares an asylum case, it's common for them to include a stack of documentation up to an inch high. After all, few applicants have any personal proof of what happened to them. Thus official, authoritative accounts showing that what you're describing fits a general pattern can be crucial to showing your credibility.
Before submitting your application to USCIS, make sure you have included everything required. In addition to filing Form I-589, you must include:
There is currently (as of 2024) no fee to file Form I-589.
Do NOT submit originals of your immigration or identity documents. USCIS will probably never return them. Instead, bring all original documents to your asylum interview, where the asylum officer can examine them in person.
If you can, you should also include the following materials with your asylum application:
Make a copy of everything for your records.
Make sure that each document you're submitting to USCIS that is not in English includes:
See Sample Format for Translating Non-English Documents for Immigration Applications.
If you are also filing for asylum for your spouse and children (unmarried and under the age of 21) who are present in the U.S., you will need to provide a copy of the marriage and birth certificates showing your family relationship. If they're not in English, also provide a translation
There is a time limitation: USCIS must receive your application within one year of your last entry into the United States. This can be tough to prove if you entered without inspection, for example by crossing the border illegally, but do your best to supply evidence such as credit card receipts from locations outside and then inside the United States.
Or, if you have maintained lawful immigration status in the U.S. (for example, you had a valid visa) during your entire stay here and up to the time when you file your asylum application, you can submit your asylum application at any time, even if more than a year has passed since you last entered the United States.
There's also an exception for unaccompanied children (under age 18) If they have no parent or legal guardian in the United States, they have until they turn 18 to submit their application for asylum to USCIS. (See (See I.N.A. § 208(a)(2)(E) and 6 U.S. Code § 279(g).)
If you've missed the filing deadline, see Can I Still Apply for Asylum After the One-Year Filing Deadline? and possibly consult an attorney: Rare exceptions are made for changed conditions or where "extraordinary circumstances" led to the delay in filing.
Also realize that if you entered the U.S. unlawfully or overstayed a visa, you are at risk of arrest by U.S. Immigration and Customs Enforcement, or ICE, until you have submitted your asylum application. But if you get arrested, it's not the end of the world. You can also submit an asylum application in deportation proceedings.
The USCIS Service Center to which you will need to mail your asylum application depends on your state of residence. Consult the “Instructions for I-589” at the link above for the correct location.
Online filing of an I-589 has also become an option. You will need to create a MyUSCIS account, then choose "File a form online" and, in the dropdown menu, select "I-589, Application for Asylum and for Withholding of Removal." Follow the instructions from there.
After USCIS receives your application, it will send you a receipt. USCIS will later send you a letter notifying you of the place, date, and time for your biometrics appointment (fingerprinting). Finally, you will receive a letter notifying you of the time and place of your asylum interview. USCIS has numerous asylum offices around the United States.
While your asylum application is pending, you will be permitted to remain in the United States. If you need to travel outside the U.S. while your application is pending, you must first obtain advance parole (which you can apply for using Form I-131). It is not recommended that you visit your home country, however, because USCIS will assume that you do not fear returning there and therefore do not need asylum in the United States.
If you change your address, make sure to inform USCIS within ten days of moving, either by sending in Form AR-11 or directly on the USCIS website.
There is a risk that the central USCIS office will not advise the asylum office of your change of address. Therefore, while your asylum case is pending, you should ALSO send Form AR-11 to the USCIS office to which you had submitted your asylum application.
For years, USCIS processed asylum applications the way one might expect, reviewing them and interviewing applicants on a first-come-first-served basis. However, because of the high volume of asylum applications, the wait times for interviews became incredibly long—several years at some asylum offices. To deal with that, USCIS began scheduling asylum interviews "starting with newer filings and working back towards older filings," in a policy referred to as "last in, first out."
According to USCIS, this policy change was made to deter frivolous asylum claims from people filing mainly in order to obtain an employment authorization document (work permit), which they are eligible for while their case was pending. If you have recently applied for asylum or plan on filing for asylum, this policy could affect your case in case in a number of ways.
Under the previous "first in, first out" policy, an applicant could file a basic, "bare-bones" asylum application (Form I-589) and then gather all the relevant evidence and supporting documents while waiting the months or years for their interview. This also made sense because applicants are not (in most cases) eligible to apply for employment authorization (an EAD or work permit) until their application has been pending for several months, so that filing the basic application as soon as possible made the applicant eligible for a work permit sooner.
Under the "last in, first out" policy, however, it often makes sense to delay filing for asylum for as long as possible, in order to have time to gather evidence related to the claim. All evidence must be received by the asylum office prior to the scheduled interview (in most offices, at least one week before, and sometimes more).
Consider your immigration status in figuring out how long you can wait before submitting, however. People who do not have lawful immigration status must apply for asylum within one year of their most recent entry into the United States (unless they meet an exception to this deadline). Furthermore, someone who's been in the United States for less than a year but whose status will soon expire (for example, a B-2 tourist visa) might not want to delay filing for long. Immigration and Customs Enforcement (ICE) can be aggressive in detaining foreign nationals who have overstayed visas.
Also, after the asylum interview is held, people who are out of status must be prepared to be referred to an immigration court for removal (deportation) proceedings relatively quickly if their case is not approved by the asylum officer. This could go well if the immigration judge approves asylum after all, but is also risky, because it could instead result in an order of removal (deportation) .
For intending asylum applicants who are currently in a legal immigration status (for example, with a temporary employment or student visa) the one-year filing deadline will not strictly apply. USCIS normally considers the situation to be an "extraordinary circumstance" warranting an exception to the one-year deadline. Still, these applicants must make sure to apply within a reasonable time after falling out of status, or no longer be eligible for asylum.
Another issue is that, under the "last in, first out" policy, applicants with significant time left on their visas will likely still be in status when their claim is adjudicated. Thus if it is not approved, the denial will be final and it will not be referred to an immigration judge. To apply a second time, the applicant will have to claim a change in circumstances relevant to the asylum claim once out of status.
Because of the tight timelines the last in, first out policy creates, you might need to ask that USCIS reschedule your asylum interview to a later date. The asylum office will generally accommodate one reschedule request. Be aware, however, that your interview will likely be scheduled for several weeks after you make this request.
A good attorney can help you highlight the most compelling portions of your asylum claim, overcome any negative information, prepare the paperwork and supporting documents, help you prepare to testify, and appear with you, either at the Asylum Office or in Immigration Court.
Fortunately, asylum is an area where you'll find a lot of help from volunteer attorneys or nonprofit (charitable) organizations serving immigrants and refugees.
]]>To check the status of your asylum case, go to the United States Citizenship and Immigration Services (USCIS) Case Status website.
This is the same site you would use to check the status of a work permit or any other USCIS application.
The USCIS Case Status site contains a box asking for your receipt number. You can find this number on the blue carbon paper receipt that you hopefully got soon after you applied by submitting USCIS Form I-589. Or it might be on white paper, especially if you applied recently. You will know you have the right code to use with the website if it begins with three letters (and the first of those letters letter is "Z"), followed by ten digits.
Once you put your asylum receipt code into the site, you might see a number of different responses.
First, you might see a message in red saying that the receipt code you entered is invalid. If this happens, double check that you have the right code and aren’t using your alien registration number or A# (which is a nine-digit number) or a receipt code from another USCIS application, like your work permit.
If USCIS received your asylum application and has not yet been scheduled you for an interview, the site will say “Next Step Is an Interview.”
If you scroll down the page, the site also lists how many days your asylum application has been pending (awaiting action or a decision).
The number of days your application has been pending is particularly important when it comes to your eligibility for a work permit (employment authorization document or EAD).
If your asylum application has been pending for more than 150 days (and you haven't been the cause of delays), you are eligible to file for a work permit, though it can be approved by USCIS only after 180 days had passed. See When Can Asylum Applicants Get a Work Permit (EAD Card)? for details.
If you are still waiting for an interview with the asylum office, there is not much you can do except continue to wait (unless you have an emergency reason to expedite your application).
If you have been scheduled for an interview at the asylum office, the USCIS site will say, “Interview is Scheduled.”
Unfortunately, the site does not contain information on the actual interview date or time. Because interview notices are usually sent out a few weeks before an interview, you should contact the asylum office immediately if you see this notification and you did not receive a notice in the mail. If you miss your scheduled interview, your asylum application will be denied, and you could be put into removal proceedings.
If you have already had your interview at the asylum office and a decision has not yet been made, the site will say “Decision is Pending.” While the normal procedures is for the asylum officer to tell you to return in two weeks after your interview to receive a decision, or that your decision will be mailed within a certain time frame, many decisions are left pending much longer than expected.
If your decision has been pending for more than six months after your interview, contact an immigration attorney, who can explain your legal options to put pressure on USCIS to issue a decision.
If a decision was reached on your case, the site will say “Decision Was Picked Up.” The site might say this even if you did not pick up a decision and it was instead mailed to you. If you see this status and did not receive a decision, contact the asylum office immediately.
The USCIS Case Status site will also alert you if you have missed a fingerprint (biometrics) appointment, which must be completed before an interview. If you missed a fingerprint appointment, contact USCIS to reschedule as soon as possible.
The USCIS website is a helpful tool to track the status of your asylum case and ensure that you don’t miss an important interview or notice. If you encounter problems using the website, you can contact USCIS's help center at 1-800-375-5283.
]]>During the interview, the AO will ask you questions about your identity, information you had provided in your asylum application, any applicable bars to your eligibility for asylum, and any documents you had submitted in support of your application. The idea is to make sure that you're believable, and to evaluate whether you merit a grant of asylum.
if you are unable to go at the specified date and time, you can request that the interview be rescheduled. If you are sick with any contagious illness, USCIS definitely prefers you cancel the appointment, for others' sake.
You must either mail a letter to the Asylum Office where you were scheduled to go for your asylum interview or go to that Asylum Office in person to complete a form to request to reschedule the interview. Make sure to do this as soon as possible. At the latest, your request must be received by mail or made in person within 15 days after the date the interview was supposed to happen.
If this is your first request to reschedule and you submit your request in writing prior to the interview date, the Asylum Office will grant your rescheduling request. You will likely be given the next available interview date, since your application now falls into the first priority of asylum cases being scheduled.
If you do not make your rescheduling request until the date of your interview or 15 days thereafter, or if this is your second or third request to reschedule, you must provide information showing that you have a "good cause" reason for needing to postpone. Good cause could include such reasons as an illness, a death in the family, or an inability to travel to the Asylum Office on the date of your interview. Try to present evidence for your reason, such as a doctor's letter.
The only time you will not have to provide an explanation for your rescheduling request is if the interview notice was not mailed to the current address you most recently provided to USCIS.
If your rescheduling request is granted, you will receive a notice about four weeks before your new interview date. Typically, rescheduled interview dates are within a month or two after the original interview date.
How you dress should not influence an asylum officer. However, it is possible that what you wear could have some subconscious effect on how the officer feels. Treat the interview as an important event and dress in a respectful manner. Don’t show up in torn jeans or dirty cutoffs, unless that's all you have. Bathe before the interview, and do not wear strong perfume or smoke, so that you don’t distract the officer with odors to which he or she might be physically sensitive.
You must bring originals of all the documents you relied on in your asylum application—such as your identity documents, travel documents, birth certificate, affidavits and declarations, photographs, and medical records. If any of the documents are not in English, make sure to bring their translations, and translation certificates. (See Translating Non-English Documents for Immigration Applications.)
If your spouse or children under the age of 21 were included in (and named on) your asylum application, they must accompany you to the interview. They should also bring original copies of their own (1) identity documents, (2) documents showing their relationship to you (such as birth or marriage certificates), and (3) any other documents supporting their asylum application. Make sure you bring any identity documents you have for your children, including passports, birth certificates or national identity cards.
After identifying each of your children, the officer will most likely suggest that they wait for you in the waiting room. For that reason, it's a good idea to bring a friend with you, who can either take the children for a walk or wait with them.
You are allowed to bring witnesses to the Asylum Office. Consider doing so if the person can testify about the harm you suffered or fear, or about other important parts of your asylum claim. Witnesses can be any age and can be in the United States with or without lawful immigration status. Witnesses can be family members or anyone who has firsthand knowledge of the story. The only people who cannot be witnesses are interpreters and representatives that the applicant brings to the asylum interview.
If you do not feel comfortable speaking in English, you must bring your own interpreter. This is a change from COVID-era procedures, in which the government would provide telephonic interpreters in some cases. Now, failure to bring an interpreter without good cause can be viewed by USCIS as equal to failing to appear for the interview at all. The agency can then dismiss your asylum application or refer your case to immigration court for defensive deportation proceedings.
Any person over the age of 18 who is not either your attorney, a witness for your asylum claim, a representative of your country's government, or also an asylum applicant can act as your interpreter.
Although family members are allowed to interpret for you, it is better to bring a professional. Family members are likely not to interpret word for word, and often add their own information. Also, the AO is likely to ask you about very personal issues, and you might be uncomfortable discussing them openly in front of your family.
Although not required, it is a good idea to have your attorney come with you. The attorney can help make sure that your interview is conducted appropriately and that any legal issues that might arise get clarified. If your attorney is running late or is unable to attend on the scheduled day, and you ask the AO to reschedule your interview for when your attorney is available, the AO might deny your request and conduct the interview as scheduled or refer your case to an Immigration Judge.
First, you'll want to make sure to arrive at the location and the time specified in the interview notice. (If you need to reschedule your interview, see What to Do If You Can’t Make Your Asylum Interview.)
After getting there, you should report to the receptionist or clerk. If you bring any new documents supporting your asylum application that you had not already submitted, provide them to the receptionist. The AO will review them before interviewing you.
You will then be asked to wait for your interview. Depending on the other interviews and the AO’s schedule that day, you might have to wait several hours. If you are bringing children along, make sure to bring toys and snacks for them. (But check in advance whether the office lets you bring in food.)
The AO assigned to your case will take you into a private office. Your attorney and interpreter (if any) will also come along. No other officials will be in the room where you are interviewed. Everything you discuss with the AO will remain confidential, and will not be recorded (other than the officer's note-taking).
You will be asked to take an oath stating that you will only tell the truth. Your interpreter will also be asked to take an oath. If your religion does not allow you to “swear” or take oaths, you can explain this to the officer and ask that you be allowed to “affirm or promise” that your testimony will be truthful.
If you have any additions, changes, or corrections to your asylum application (for example, correcting a factual mistake or adding new supporting documents), make sure to tell the AO at the beginning of your interview. In fact, you might want to prepare a written list of these to give to the officer, particularly if the changes are extensive. (With many applicants waiting years for their interviews, it's common to need to update the officer about things like a new job, new child, or marriage or divorce.)
The AO will have reviewed your asylum application and your immigration file before interviewing you. AOs are trained to conduct asylum interviews, and are familiar with country conditions in your country.
The AO will most likely begin by asking you about your identity and background, and will review your original identity documents that you have brought with you.
Then, you will be asked to explain why you are applying for asylum. The AO might ask you a general question about it (such as, “So, tell me, why are you seeking asylum?”) or might ask specific questions about information you had included in your asylum application or in any supporting documents.
If any bars to eligibility for asylum might apply to you (such as the possibility that you were involved in the persecution of others or have a criminal record), the AO will also likely ask questions about them.
If you do not understand a question, whether because of language or other issues, it's better to ask for clarification than to attempt to answer. For instance, you can:
Do not be concerned if the AO asks you the same question several times or in several different ways. This is done to test your credibility (that is, believability).
Also, the AO might act like he or she does not believe you, and might even be unpleasant. Do not let that affect you, and do not get aggravated. The AO’s role is to test your credibility and your legal claim to asylum.
Always be honest, detailed, and consistent with what you had stated in your application. Do not exaggerate. In order to be granted asylum, you must be found credible. For details, see Chances of Winning a Grant of Asylum.
Some of the information you will be asked about will be very personal, and you might find it hard to discuss. You can ask for a short break to compose yourself, and then try your best to tell the AO all the important facts. Your ability to obtain asylum depends on that.
The entire interview will likely take at least an hour, depending on the particular facts of your case, and on what questions your AO decides to ask. The more facts your asylum application and your personal declaration contain, the longer your interview will probably last. The length of the interview, however, is not indicative of whether or not you will be granted asylum. Answer only the questions that you are asked.
Your attorney will also have a chance to make a short statement to the AO, and to clarify any concerns that the AO might have.
The AO will not reach a decision on your asylum application at the time of your interview. (In rare cases, you might even be asked to return for a second interview, for example, if the officer who interviewed you left, and another is taking over your case.)
Your decision might be mailed to you after your interview or you might be asked to return in person to pick it up. Although decisions are normally made within a few weeks of the interview, a combination of delayed security checks and lack of supervisors staffing asylum offices has led to much longer delays as of early 2024.
If you don't show up for your interview, you have valid immigration status in the U.S., and you do not provide an explanation of why you missed your interview within 15 days after the date on which it was scheduled, your asylum case will be administratively closed. The Asylum Office Director might reschedule your interview instead of closing your case, but only if you provide a reasonable explanation for your failure to appear.
If you have no legal status in the U.S., your case will be referred to the Immigration Court, where you will have to present your case for asylum (and any other defenses you might have) in removal (deportation) proceedings.
A good attorney can help you prepare your application and accompany you to the interview, thus improving your chances of obtaining asylum. Fortunately, asylum is an area where you'll find a lot of help from volunteer attorneys or nonprofit (charitable) organizations serving immigrants and refugees.
]]>You are most likely to be eligible for a waiver and gain approval if you can present strong humanitarian, family unity, or public interest grounds for why you deserve the waiver.
The same option is available to family members who are "derivatives" of the principal refugee or asylee (meaning they're included in the same application).
The standard way of applying for the waiver is to prepare and submit a Form I-602, Application by Refugee for Waiver of Grounds of Excludability (free for download from U.S. Citizenship and Immigration Services or USCIS).
You would do so either in conjunction with your Form I-590, Registration for Classification as Refugee if you are a refugee seeking admission from outside the United States, or in conjunction with your Form I-485, Application to Register Permanent Residence or Adjust Status if you are a refugee or asylee seeking adjustment of status from inside the United States.
Family derivatives should file Form I-602 with their Form I-730, Refugee/Asylee Relative Petition.
No fee is required to file Form I-602.
Submitting Form I-602 is not a strict requirement, except for refugees and asylees who are inadmissible on health-related grounds. Use of this form is also recommended for refugees and asylees who are inadmissible on criminal or related grounds.
In all other cases, USCIS often prefers that waiver applicants use Form I-602, though it may grant waivers without it if the agency’s records already contain enough information to assess eligibility for the waiver.
If USCIS’s records are not favorable to an applicant (making a denial more likely), then USCIS will ask the applicant to file Form I-602 with documentation and an explanation of why the person deserves and is eligible for a waiver.
Although much of Form I-602 is self-explanatory, here are instructions on some of the sections that you might have questions about. (This refers to the version published on 08/08/22.)
This opening section is largely self-explanatory, asking for your biographical information.
If you've already submitted applications to USCIS, you likely have an A-number, which is an eight- or nine-digit number following the letter “A” for Alien. (If your A number comes from having been in deportation or removal proceedings or you've had any immigration applications denied, definitely see a lawyer; you might need to follow different procedures than are described here.)
You would have a USCIS Online Account Number only if you previously filed an application, petition, or request online using USCIS's electronic immigration system (at one time called ELIS). The system issues its users an account number. It's not the same as an A-number.
Part 2 of Form I-602 asks that you specify the section or sections of the Immigration and Nationality Act (I.N.A.) under which you are inadmissible.
If you are inadmissible based on the results of your medical examination (as discussed below), you will be informed of the specific I.N.A. section that applies to you. Likewise, if you are filing the form in response to a request by USCIS based on any other ground, you will find an indication of the relevant I.N.A. section on USCIS’s request letter.
If, instead, you are filing Form I-602 on your own initiative (concurrently with your Form I-590, I-485, or I-730), then you would do well to consult the relevant text of the law on USCIS’s website.
The section or sections relevant to your case should be one of these:
You will also need to describe the acts, criminal convictions, or health conditions for which you are requesting the waiver.
Next, check the appropriate box or boxes in Part 2 indicating the reason or reasons why (on humanitarian grounds, for family unity, or in the public interest) you should be granted the waiver. Be sure to also provide a thorough explanation and documentation of your claim.
For example, if you are ineligible for adjustment of status due to your inability to present proof of required vaccinations, but you have strong objections to vaccinations because of your religious or moral convictions, you may be granted a waiver on humanitarian grounds.
Sign and date in the space provided at the bottom of Part 2.
If you are inadmissible on health-related grounds, you might also need to fill out Part 3.
You will undergo a mandatory medical examination to find out whether this applies to you. If you are a refugee or derivative applying from outside the United States, your exam will be performed by a panel physician designated either by the U.S. government or by the International Organization for Migration. If you are a refugee or asylee present in the U.S., you can find a list of physicians authorized to do this exam on the Find a Doctor page of the USCIS website.
The best thing to do if you are declared inadmissible on health grounds is most likely to obtain any available treatment in order to cure or address the medical condition in question.
However, if your health issue cannot be immediately resolved (and especially if you have tuberculosis, or any physical or mental disorder that has ever been associated with harmful behavior), then you will need a doctor in the U.S. (one who's not too far from the location where you intend to live) to fill out and sign Part 3(B) of Form I-602 for you. This serves as evidence that you have made arrangements to obtain medical treatment upon arrival in the United States.
USCIS will then forward your form to the Centers for Disease Control to fill out Part 3(C) (basically, to make sure the doctor you have selected is suitable). After this, USCIS will return the form to you so you can sign Part 3(A).
If you have TB, you will need to agree to follow-up treatment and, as described above, arrange for a doctor to agree to monitor your care.
There is no appeal from a denial of Form I-602. However, waiver applicants who are seeking adjustment of status and find themselves in removal proceedings (in front of an immigration judge) as a result of the denial of the Form I-602 may renew their application in immigration court.
In any type of case that involves proving complex matters such as these, creating a convincing argument before U.S. immigration authorities can require much more than just filling out forms. An experienced immigration attorney can help evaluate your situation, prepare arguments in the form of a cover letter or legal brief, accompanied by supporting evidence, and prepare you for any in-person court appearances or interviews before U.S. government officials.
]]>The idea behind a credible fear interview is that noncitizens can, instead of being sent straight home, apply for asylum or withholding of removal if they are able to establish a credible (believable) fear of persecution or torture if returned to their home country. But they need to get past this initial screening in order to actually present their full asylum case to an immigration judge for approval or denial.
WARNING: This process has been in flux in recent years. The Trump Administration created policies that resulted in most people being forced to wait outside the U.S. in order to apply for asylum, and the Biden administration has largely continued this practice. The result is that the guidance in this article might not apply to every asylum-seeker's situation. In particular, you might be unable to get anywhere near the U.S. border without using an app called "CBP One" to make an advance appointment. (This is a challenge unto itself.)
When a Custom and Border Protection (CBP) officer detains a noncitizen for not having the required immigration documents or for attempting to commit fraud to enter the U.S., CBP will ask whether the person has a fear of returning to their home country. A person who says “no” will be removed from the United States. If the person expresses a fear of persecution or torture, CBP officers will set up a credible fear interview with an asylum officer.
The detainee should be given at least 48 hours to prepare for the interview unless he or she waives (gives up the right to) the waiting period. In most situations, the person must wait days or even weeks in detention before the interview will take place.
The asylum officer who conducts the interview will receive notes about the date the person being interviewed entered the U.S., the place of entry into the U.S., and whether the person initially claimed fear of persecution or torture.
It is important for the person being interviewed to keep detailed notes about his or her story and to be consistent in his or her testimony throughout the entire process. Few applicants have documentation or other proof of their claim, so the quality of their own testimony becomes crucial.
At the interview, the asylum officer will ask questions, either in person or via telephonic or satellite communication. An interpreter will be present to translate the questions into the detainee’s native language.
The first set of questions will be about the detainee’s background information including the person’s birthdate, home country, and whether the person has any family ties in the United States. The next series of questions is about the detainee’s fear of return to the home country. When the detainee gives a reason for fear, the interviewer will ask a series of follow-up questions about that fear.
The interviewer then asks a very important set of questions about why the detainee is being persecuted. The interviewer asks whether the detainee has ever been threatened or harmed due to race or ethnicity, religion, nationality, political opinion, or because the person belongs to a specific social group. This is a critical point in the interview, because if the fear is not related to one of these categories, the detainee’s asylum case will likely fail. What’s more, if the detainee answers “no” to each of these questions or changes aspects of his or her answer in subsequent interviews or hearings, such inconsistencies will be used to discredit the entire story.
Next, the interviewer will ask a series of questions about whether the interviewee has faced torture or mistreatment by government officials. Then the interviewer will ask about situations that would bar the detainee from applying for asylum, including whether the detainee has ever persecuted other people, committed a crime in another country, or associated with terrorists or a group accused of using violence.
Lastly, the interviewer will give a brief summary statement and ask whether the applicant has anything he or she would like to add.
After the interview, the officer will decide whether the applicant has demonstrated a credible fear of persecution or torture in the applicant’s home country. The standard used is whether the detainee has demonstrated a “significant possibility” of being able to prove to the satisfaction of an immigration judge that the detainee would be persecuted on account of race, religion, nationality, membership in a particular social group, or political opinion if returned to his or her home country.
After the interview is complete, the interviewer will decide whether the detainee has a credible fear or not. The interviewer will provide a written decision and a transcript of the interview to the detainee.
A detainee who has established a credible fear of persecution will be allowed to apply for asylum, either while in detention or after having been released on a bond. A detainee who has not established a credible fear can request a review of this decision in a hearing by an immigration judge as a last effort to avoid being removed from the country.
Preparation for the credible fear screening process is critical. First, try not to hold back when discussing the details of your case with government agents. You may have come from a country where you cannot trust law enforcement. But interviewers and DHS attorneys may seek to discredit your story if later you begin to add important details that you failed to include in your first interview.
Second, keep detailed notes about your experiences and fear of return. These will help you remember the dates and other details and be consistent each time you tell your story.
Lastly, if possible, contact a local attorney prior to your credible fear interview for help preparing for the interview process. Although finding an attorney while detained can be a challenge, you can use the list of free legal services that the government provides, contact family members and ask them to find an attorney who can reach you at the detention center, or ask other detainees about their legal counsel and how to contact them.
]]>Before turning to the actual statistics, it’s worth remembering that every person’s claim for asylum is unique. True, the U.S. government has demonstrated some bias toward and against various countries’ asylum applicants over the years. Nevertheless, it does not issue any blanket statements like, “Everyone from X country probably deserves asylum.”
Individual applicants must present a convincing claim showing that they themselves were the victims of persecution, or fear future persecution. Therefore, looking at lists of which countries end up with the greatest number of its citizens granted asylum in the U.S. should not be viewed as an indicator of whether any one person’s claim is likely to succeed.
With these thoughts and cautions in mind, it is possible to get government-issued statistics on the countries of origin of asylum grantees.
The Annual Flow Report tracks both applications filed affirmatively with U.S. Citizenship and Immigration Services (USCIS) and those that received approval after a hearing in immigration court, either because affirmative applications were referred there or because the person landed in deportation proceedings (such as after an arrest or a failed application for some other immigration benefit) and raised asylum as a defense.
For 2022, the Flow Report showed that the top ten countries whose citizens who received grants of asylum, either from USCIS or from an immigration court, included (from most to least):
Keep in mind that these are raw numbers, which reflect not only the merits of the individual cases, but the numbers of people who applied in the first place. China, for example, has a huge population, so it's not surprising that many asylum applicants come from there.
The report states that the total number of people granted asylum in the United States more than
doubled between 2021 and 2022, from 16,628 to 36,615.
The Department of Justice's Executive Office of Immigration Review Statistical Yearbook page also offers statistics showing grants of defensive asylum in removal proceedings.
Finding out whether a lot of other asylum applicants have come from a certain country can be instructional, even if it guarantees nothing for one's own application.
For one thing, a high number of granted cases from your country tells you that, at the very least, the asylum officer or Immigration Judge (IJ) hearing your case probably has a reasonable amount of knowledge regarding conditions there, and you won’t have to educate them about basic facts. Then again, if the officers or IJs believe themselves to be too expert on the topic, you might find that they’ve already devised clever ways to ferret out problems in your case.
Another advantage if you come from a country with a lot of other asylum applicants is that the lawyer or agency working on your case can probably borrow materials from other lawyers to help support your claim. Gathering documents to show general country conditions or to back up accounts of persecution against particular groups is an important part of preparing an asylum claim.
For more information on applying for asylum in the U.S., see the Asylum & Refugee Status page of Nolo’s website.
]]>NOTE: There is a partial exception with regard to Ukraine. Under a program called "Uniting for Ukraine," the Biden Administration will accept 100,000 Ukrainians to the U.S. through a legal designation known as "humanitarian parole" (as was also offered to some people who'd fled Afghanistan). Qualifying for this remedy will require financial sponsorship from a private source, such as a U.S. citizen or other individual with legal status in the United States (such as a green card holder or asylee). Applicants will also need to complete vaccinations and other public health requirements, and pass security screening. Thus far, an approved entry via humanitarian parole does not lead to any permanent U.S. immigration status; it merely allows recipients to stay for two years and receive a work permit. But there's nothing to stop them from applying for asylum within the U.S. or applying for some other immigration benefit, such as an employment-based or family-based green card (if they can find a sponsor in one of those categories). For more information directly from the U.S. Department of State, visit https://www.dhs.gov/ukraine.
Under U.S. as well as international law, a refugee is a person who has fled his or her country because of persecution. The law sets forth separate application and processing procedures for two types of refugees: those who come to the United States as part of the refugee admissions program, and those who apply for asylum on their own, after reaching the United States.
Both types must show that they fit the international legal definition of a refugee. Once granted, however, those who came through the refugee admissions process are commonly referred to as “refugees,” and those who applied inside the U.S. (either affirmatively or in removal proceedings) are called “asylees.”
When persecution forces people to leave home and seek international protection, they often register with the United Nations High Commissioner for Refugees (UNHCR).
The UNHCR is a specialized U.N. agency with special authority to decide whether someone is a refugee. A person must first register for refugee status, and then go through a refugee status determination interview and process. At the end of that, the UNHCR makes a decision.
If the UNHCR decides the person is a refugee, there are several options that the agency can pursue—none of which involve finding personal sponsors. The process is more akin to having a national government serve as a sponsor.
The UNHCR will try to find what it calls a durable solution. This means asking what will be best for that person and for the specific refugee situation. This could mean trying to provide a way for that person to return back to his or her country. It could be that the host country, where the refugee is staying, can allow him or her to live there permanently. If those solutions are not available, the UNHCR will sometimes pursue resettlement, asking another country to accept the person as a refugee and allow him or her to live there permanently.
The United States has historically always been a resettlement country. However, the U.S. president sets an upper limit. It went down to 15,000 during the Trump years (the lowest number of accepted refugees since 1977). President Biden has since been slowly raising it, and set it at 125,000 for 2024.
In times past, there were methods by which private citizens or churches could sponsor a refugee. For instance, there was a program called the Private Sector Initiative (PSI), which began in 1986. Under this program, the U.S. president declared that a certain number of refugees could be sponsored by the private sector.
Over 16,000 refugees were resettled through this program before it closed down. There is no such sponsorship program today in the U.S., although similar programs exist in Canada and other countries around the world. But keep reading for suggestions on helping refugees AFTER they arrive in the United States.
Refugees who come to the United States must come through the federally funded refugee admissions program. Once they’re here, this program hands them over to a voluntary agency for assistance. This is a term used to refer to a handful of nonprofits that have signed agreements with the federal government to provide refugee resettlement services.
Among the services these agencies provide are picking refugees up at the airport, helping them find employment, providing housing, and helping them learn English. That's where ordinary citizens can potentially play a role.
There are plenty of ways to help refugees in the United States and abroad. The organizations that resettle refugees often ask for funding and for volunteers. For instance, they might need people to offer their time to help refugees navigate new things like U.S. grocery stores or the DMV, or to put a family, or an unaccompanied child up in their home for a while, or offer an unused rental space, or provide tutoring.
The following organizations help resettle refugees in the United States: Church World Service, Episcopal Migration Services, Ethiopian Community Development Council, HIAS, International Rescue Committee, Lutheran Immigration and Refugee Service, U.S. Committee for Refugees and Immigrants, U.S. Conference of Catholic Bishops, and World Relief.
There are also many organizations that work with refugees abroad, including those who are newly displaced from their homes and countries. These organizations, like the UNHCR and the International Organization for Migration (IOM), work directly with people in refugee camps.
Another way to help is to advocate for the refugee admissions program. The United States has always prided itself on its ability to help people fleeing violence and persecution. You might be familiar with the examples of refugees from South Vietnam, from Cuba, and those who fled the breakdown of the Soviet Union.
But people continue to flee violence and persecution today, in numbers higher than they've ever been. People who want to help refugees will need to use their democratic voice and let their elected officials know that they value the refugee admissions program.
Lastly, remember that people who are seeking asylum here in the United States are asking the government to decide that they are refugees. When U.S. Citizenship and Immigration Services (USCIS) or the Executive Office for Immigration Review (EOIR) grant asylum, they are saying that the person who is applying fits the international definition of a refugee, used both in international law and in U.S. law.
There are many ways to help sponsor persons who are applying for, or who have been granted, asylum. There are community organizations and nonprofits working in many cities around the country to help people who are seeking asylum (including many of the nonprofits that help resettle refugees). They seek everything from donations to office help to providing a foster home to a young asylee.
]]>To review the eligibility requirements for asylum, withholding of removal, and protection under CAT, see Which Should I Apply for? Asylum Withholding of Removal, and/or Protection Under Convention Against Torture?. This article discusses the rights given to people who are granted withholding of removal or protection under CAT.
Withholding as well as CAT protection might be granted in removal (deportation) proceedings in immigration court after asylum and other forms of relief have been denied. Withholding of removal and CAT protection are also valuable in cases where an applicant is barred from asylum (as discussed below), since the bars to asylum and to these other two remedies are not identical.
However, withholding and CAT protection confer only limited legal rights in the United States. Neither lead to any possibility of obtaining permanent residency (a green card) or U.S. citizenship.
To qualify for withholding of removal, noncitizens in removal proceedings must establish that it is “more likely than not” that their life or freedom would be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion in their native country.
While both withholding and asylum prevent removal based on the likelihood of experiencing future persecution, it is harder to prove eligibility for withholding than for asylum.
For withholding, you must show a clear probability of future persecution (that it is "more likely than not" you would be persecuted), by presenting human rights reports, country reports, and other convincing evidence showing that people sharing your race, religion, nationality, membership in a particular social group, or political opinion are regularly persecuted.
By contrast, an asylum applicant need only demonstrate that there is a “reasonable possibility” of persecution in the country of removal. In other words, the Immigration Court judge may grant you asylum after determining that persecution is a reasonable possibility even if there is only a slight chance that it will occur.
Yet, though the burden of proof is higher, withholding of removal could be the only option for some noncitizens. There is no time deadline within which you must apply for withholding. An asylum application must be submitted within one year after the date of arrival in the United States (unless you qualify for an exception based on either changed circumstances affecting your eligibility for asylum or extraordinary circumstances relating to the delay in filing within one year). Due to the time bar, applicants may be granted withholding rather than asylum, even though withholding is more difficult to prove.
Also, while both withholding and asylum have criminal bars to eligibility, there are fewer crimes barring someone from being approved for withholding than for asylum.
If you are granted withholding of removal, it means that you have been ordered removed (or deported) from the U.S., but your removal is suspended. This grant protects you from being returned to a country in which you fear harm—but the U.S. government could still deport you to some other country, if you have a right to live there, or even if it's the last place you stopped before coming to the United States.
After a grant of withholding of removal, you may apply for work authorization in the United States. However, this is the only proof of legal status you will have other than a letter from the court, which confusingly enough mentions that you have been ordered removed (deported). Many people find that it's helpful to have their immigration attorney write a letter explaining their status, which they can show to prospective employers, landlords, the Social Security office, and so on.
Withholding of removal does not offer many benefits. First, it confers no permanent right to remain in the United States. (Noncitizens granted asylum, by contrast, may apply for a green card or "adjustment of status" on the one-year anniversary of their asylum grant.) You might eventually become eligible to immigrate on some other grounds, such as marriage to a U.S. citizen—but you would need to consult a lawyer and get help reopening your court case if so, because with an order of removal on your record, you cannot simply apply for a green card via the usual procedures.
Also, if conditions in your country later change, such that your fear of future harm is no longer reasonable, you can lose your withholding status. The Department of Homeland Security (DHS) may seek to reopen your case for this purpose. A grant of withholding of removal does not permit you to obtain immigration benefits for your spouse or children.
Another issue is that you cannot travel outside of the U.S. and simply reenter. As described above, withholding recipients have an outstanding order of removal against them. For that reason, if you travel outside of the U.S., the government will consider your exit “self-deportation” even though you left on your own. For more information on inadmissibility issues following deportation, please see After Removal: Possibilities for Reentry to the U.S.
In summary, withholding of removal DOES NOT allow you to:
On the other hand, withholding of removal DOES:
Therefore, if you do not want to return to the country where you fear persecution, you should be prepared to remain in the U.S. for an extended period of time without enjoying the same rights as U.S. permanent residents.
Article 3 of the United Nations Convention Against Torture protects noncitizens from removal to a country where more likely than not they would face torture. The Convention defines torture broadly as any intentional unlawful infliction of severe pain or suffering, whether physical or mental, with consent of or acquiescence by a public official, for purposes such as punishment, obtaining a confession, intimidation, or discrimination.
As noted above, asylum and withholding cases are based on persecution. Persecution under the Convention means to harass, punish, injure, oppress, or otherwise cause someone to suffer physical or psychological harm. A person who is likely to be tortured is also likely to face persecution, whereas a person who is likely to face persecution might not necessarily be tortured.
It is difficult to obtain a grant of CAT protection, because most applicants cannot prove that there is a 51% or higher chance that they will be tortured.
Seeking CAT protection could be a good option for some noncitizens. If you have been tortured in the past, and you are barred from applying for asylum or withholding of removal (for reasons such as serious criminal convictions or having persecuted others), CAT protection might be your last or only option for avoiding removal to your home country.
In addition, for CAT relief, the torture you are likely to face need not be on account of one of the five protected grounds required for asylum and withholding of removal.
There are two types of protections under CAT: withholding of removal and deferral of removal.
CAT withholding of removal protection prevents the removal of noncitizens to the specific country where they would likely face torture. However, this status may be terminated if DHS reopens your case in Immigration Court and establishes that you are no longer likely to be tortured in the country of removal. Also, CAT recipients may be removed to a third country where they would not be tortured if they have a legal right to remain there.
CAT "deferral of removal" prohibits returning noncitizens to a country where they would likely face torture. Deferral of removal is granted to noncitizens who pose a security risk in the United States, usually due to criminal convictions for a "particularly serious crime" or PSC, terrorist activity, or participation in the persecution of others. People granted deferral of removal may be held in detention and are not entitled to employment authorization, but may be released or issued employment authorization by the local Immigration and Customs Enforcement (ICE) district director.
In sum, CAT protection DOES offer the following benefits:
However, CAT protection DOES NOT:
Hiring an experienced immigration attorney to handle your asylum/CAT/withholding case can be an excellent idea, given the complexity of both U.S. law and the paperwork, which goes far beyond merely filling out forms. The attorney can analyze the facts of your case and spot any potential problems, prepare the forms and help gather documents, write cover letters and legal arguments, represent you before U.S. immigration authorities, and monitor the progress toward approval.
]]>In fact, it's quite convenient to submit these separate requests, because they're all made using USCIS Form I-589, the "Application for Asylum and for Withholding of Removal." There, you are asked to check boxes indicating which forms of relief you are applying for.
Although the requirements to be granted withholding and CAT protection are higher than those for asylum (you need to prove that it is more likely than not that you would be persecuted or tortured), and they provide more limited benefits than asylum does, there are important advantages to applying for them, namely that they provide a backup possibility. For some applicants, they become the only hope for remaining in the United States.
That's because:
So, if discretionary factors might prevent you from obtaining asylum (for instance, if the judge could think you are undeserving due to a history of minor crimes) or if certain bars to asylum apply to you, it is especially important for you to apply for those alternative forms of relief.
Withholding of removal (called “non-refoulment” under the United Nations Convention Relating to the Status of Refugees) prohibits the U.S. government from removing someone to a country where their life or freedom would be threatened on account of a protected ground (race, religion, nationality, political opinion, or membership in a particular social group).
You will need to show that you meet the qualifications to be considered a refugee, and that there is a clear probability of your persecution by a government (or a group the government cannot control) if you were returned to your country of origin. As with asylum, if you can show that you have been persecuted in the past, it is presumed that you would be persecuted in the future in your home country.
The main advantage of applying for withholding of removal is that it is a mandatory form of protection. That is, if you meet the requirements of withholding, the judge or decisionmaker must grant you this form of relief. Any discretionary factors are not relevant. Therefore, you should apply for it as a backup form of relief if you might be denied asylum based on discretionary factors (such as a long history of crimes that are not serious).
Moreover, some reasons that could bar you from obtaining asylum (such as the one-year filing deadline or firm resettlement) do not apply to withholding. The only bars that do apply to withholding, and would block you from receiving it, are:
Although the legal grounds for withholding of removal are the same as for asylum, it is harder to qualify for withholding. That is because you must show a clear probability of future persecution (that is, that it is more likely than not that you would be persecuted) if returned to your country of origin. The test is objective, and you will need to present highly convincing evidence, including country reports, suggesting that it is more likely than not that you would be persecuted.
Withholding of removal provides a narrower scope of relief than asylum does. That means fewer benefits after you're granted, as follows:
Importantly, the U.S. government may terminate your withholding if it sees a reason to do so. Specifically, the Department of Homeland Security may reopen your case if conditions in the country (or countries) to which you were not be removed change so that you no longer qualify for this form of relief.
Like withholding, CAT protection is a mandatory form of relief if you meet all of the required elements. That is, the U.S. government cannot return you to a country where there are substantial reasons for believing that you would be in danger of being subjected to torture.
To qualify for protection under CAT, you have to show that it is more likely than not that you would be tortured if removed to the country from which you are claiming protection. (This is the same level of probability as required for withholding.)
Unlike withholding of removal, however, you must also show that the harm you fear meets the definition of “torture” under the CAT (which is any intentional unlawful infliction of severe physical or mental suffering or pain, with consent of a public official, for purposes such as punishment, obtaining a confession, intimidation, or discrimination).
Because the goal of CAT protection is to prohibit your return to a country where you would be in danger of being tortured in the future, past torture is merely a relevant factor, and the test is entirely objective. As with withholding, you need to submit objective evidence, such as country-reports and news articles, indicating that you are more likely than not to be tortured.
The main advantage of CAT protection is that none of the bars to asylum would entirely prevent you from being granted this form of relief. (The exception is that a "particularly serious crime" on your record might result in being granted only temporary protection from removal.) The torture you would face in your country of origin does not need to be on account of one of the five protected grounds.
As with withholding, CAT protection has limited benefits. Most importantly, it allows you to be removed to a safe third country, and your protection may be terminated if you are no longer at risk of torture in your country of origin.
If the U.S. official deciding your case finds that you're eligible for more than one of these three forms of relief, you will be given the one that is the broadest in scope. That is, if you qualify for asylum—and you also qualify for alternative forms of relief—you will be granted asylum. Don't settle for withholding or CAT protection unless you absolutely have to.
A good attorney might improve your chances of obtaining asylum or some alternative form of relief. The attorney can help you highlight the most compelling portions of your claim, overcome any negative information, prepare the paperwork and supporting documents, help you prepare to testify, and appear with you, either at the Asylum Office or in Immigration Court.
Fortunately, asylum is an area where you'll find a lot of help from volunteer attorneys or nonprofit (charitable) organizations serving immigrants and refugees.
]]>These criminal bars to asylum are mandatory. (See I.N.A. § 208(b)(2)(A) or 8 U.S.C. § 1158(b)(2)(A).) That is, even if you meet the legal definition of a “refugee,” you will not be granted asylum once an Asylum Officer or an Immigration Judge finds that a criminal bar applies to you. Also, if you are applying “derivatively” through your spouse or parent who obtains asylum, but a criminal bar applies to you, you will not be eligible for asylum.
When you apply for asylum, the U.S. government will seek information about your criminal history. Form I-589, the application for asylum, requires you to answer questions about your criminal record. Make sure to answer them truthfully and completely, and explain in detail the reasons for your criminal record. A lie on your asylum application can damage your credibility (believability) and result in nothing you say about what happened to you in the past or your fear of persecution being believed.
For more details about filling out Form I-589, see How to Prepare an Affirmative Asylum Application.
Also, the U.S. government will fingerprint and run a full criminal background check on you—it typically includes your record in and outside the United States.
A conviction of a “particularly serious crime” in the U.S. will bar you from obtaining asylum. For purposes of this bar, you will be considered to have been “convicted” only if:
“Particularly serious crimes” include:
Regulations originally scheduled to take effect in late 2020 made additions to the above list, but a court subsequently put them on temporary hold, in the case of Pangea Legal Services v. DHS, 11/19/20). If the new rules survive this litigation, be prepared for them to specify that particularly serious crimes include any felony under federal or state law; alien smuggling or harboring; illegal reentry into the U.S.; any crime involving gang activity; driving while intoxicated (DUI or DWI); a domestic violence offense (even without a conviction, if an adjudicator finds the person to have engaged in these acts); a misdemeanor related to using false identification; unlawful receipt of public benefits; and possession or trafficking of a controlled substance (other than a single conviction of possession of 30 grams of marijuana for personal use).
A conviction of a “particularly serious crime” outside the United States will bar you from obtaining asylum. (See the discussion above.)
You also cannot obtain asylum if you had committed some other crimes outside of the U.S., such as persecuting others or committing a serious nonpolitical crime in your country. Note that you can be barred from asylum even if you were not actually convicted of the following crimes:
You will not be eligible for asylum if you ordered, encouraged, or helped in any way in hurting or threatening (that is, “persecuting”) others because of their “protected ground” (race, religion, nationality, membership in a particular social group, or political opinion). That is, even if you had been persecuted yourself because of a protected ground, you cannot meet the definition of a “refugee” if you also persecuted others.
There is some uncertainty whether the persecutor bar applies even if you were forced to be involved in the persecution of others. If the U.S. government argues that this bar applies to you, you can improve your chances of obtaining asylum by showing that you did not know about the full scope of activities of the people who were forcing you to help them, and that your involvement with them was in no way related to their persecution of others.
You might not be granted asylum if there is good reason to believe that you had committed a serious nonpolitical crime outside the U.S. before arriving here. A "serious nonpolitical crime” is defined as follows:
Even if you committed a crime for purely political reasons, it might bar your asylum claim if your actions were disproportionate in comparison to your objectives (that is, if your acts were atrocious or barbaric).
There is no requirement that you were actually convicted of a serious non-political crime. You can be barred from asylum eligibility if an Asylum Officer or an Immigration Judge finds “probable cause” (that is, reasonable belief) that you had committed such a crime. Also, you need not have personally carried out the crime: If you provided support to others committing a crime, you might be barred from asylum.
Many asylum applicants had been arrested, convicted, and spent time in jail in their home countries simply because their governments were persecuting them. That forms a basis for many asylum claims. If you were convicted of a crime in your home country, and that conviction is part of the persecution you had suffered, be sure to explain this in great detail in your asylum application.
You should attach a detailed declaration in which you clearly state the circumstances of your conviction, and explain how you were convicted purely on account of a “protected ground.” This is something a lawyer can help you with.
If there are reasons to believe that you are a danger to the security of the U.S., you will not be granted asylum. There is little guidance on what facts can bring a person under this bar, and it often overlaps with the terrorist bar.
You will not be granted asylum if the terrorist bar applies to you; that is, if any of the following are true:
The U.S. government publishes a list of groups that it considers to be terrorist organizations. In addition, Asylum Officers and Immigration Judges can find other groups to be terrorists.
There is a lot of controversy about how broadly “terrorist activity” and “terrorism” are defined. To reduce your chances of being subject to the terrorist bar, you should show that you did not know that a group you were helping was involved in terrorist activities, or that you did not know that persons you were helping were members of such a group. Also, you might want to show that your “help” to them was indirect or very insignificant, and in no way related to their terrorist activities. Showing that you were forced to help them might also be helpful.
Because the law in this area is unclear, you should consult an attorney if you think that this bar might apply to you.
In addition to asylum, remember to apply for the following forms of relief:
Even if you are barred from obtaining asylum because of a criminal record, you might be eligible for those two forms of protection. Withholding of removal is barred by an aggravated felony conviction only if its total sentence of imprisonment was at least five years. Withholding is also probably barred by an aggravated felony conviction involving drug trafficking.
Criminal convictions do not entirely bar eligibility for CAT protection. However, if you committed a particularly serious crime, you might receive only "deferral of removal," which is considered temporary, rather than the longer-term "withholding of removal."
A criminal conviction—either in the U.S. or in another country—could have additional negative effects on your eligibility for immigration benefits beyond your asylum claim. It might, for example, make you ineligible to re-enter the U.S. after travel, to obtain a green card, or to receive U.S. citizenship. You could be deported or removed at various stages of your immigration proceedings if you have a criminal record.
A conviction of an aggravated felony will also bar voluntary departure (which allows you to leave the U.S. voluntarily, at your own expense instead of being removed). Voluntary departure has great advantages over removal, if you have no other likely defense: If you are deported, you will not be allowed to enter the U.S. for five or ten years (depending on the reason for your removal). If you are deported a second time, you will be not be allowed to enter for 20 years. (If you are deported for an aggravated felony, you will probably never be allowed to re-enter.) Voluntary departure does not result in those prohibitions. If you have no defense to removal, try to be removed based on your unlawful presence instead of based on your criminal record, and seek voluntary departure.
Once the U.S. government presents evidence that one of the criminal bars applies to you, you will then have to show by a “preponderance of the evidence” that it does not: That is, you will have to prove that it is more than 50% likely that the bar does not apply. Therefore, you must provide information during your asylum interview or when you are before an Immigration Judge that helps to explain your criminal record.
For these and all the reasons mentioned above, if you have a criminal record, you really should consult an experienced attorney. (as well as a criminal attorney). If possible, ask the criminal court to vacate (erase) your conviction or lower your sentence, assuming you have good reasons for doing so (for example, if you had pleaded guilty without realizing that it would lead to your deportation). If your criminal case is ongoing while you are seeking immigration benefits, make sure to file a motion to continue your immigration case until after your criminal trial is completed.
]]>(For a discussion of all three forms of relief that might be available to you, see “Differences Between Asylum Withholding of Removal, and Protection Under Convention Against Torture.”)
This article will discuss:
Although the requirements to be granted CAT protection are higher than those for asylum (you need to prove that it is more likely than not that you would be tortured in your home country), and CAT relief provides more limited benefits than asylum does, there are important positive aspects to applying for it:
However, CAT protection offers fewer benefits than asylum. Most importantly, it does not prevent you from being removed by the U.S. government to a safe third country. In other words, if another country where you would not face torture is willing to take you, the U.S. government could send you there.
Also, CAT protection may be terminated if you are no longer at risk of torture in your country of origin. If the Department of Homeland Security (“DHS”) believes that it is safe for you to go back, DHS can start a new case in immigration court to try to convince an Immigration Judge (“IJ”) that you should be sent back.
Moreover, CAT protection does not make you eligible for a green card or naturalization, and it does not provide any rights to your family members as asylum does.
There is no formal application used to file for CAT protection. You can apply at the same time as you apply for asylum, using the same Form I-589 “Application for Asylum and Withholding of Removal.” Just make sure to mark off the relevant boxes in Part B of the form, and to include information and supporting documents relevant to the requirements for obtaining CAT protection.
If you did not apply for CAT protection when you earlier filed your I-589, you can add a request for CAT later (by “supplementing” your asylum application). There is no time deadline during which you must apply for CAT protection. In fact, you can ask for CAT protection even after a final order of deportation or removal has been issued against you.
If you apply for asylum affirmatively, the Asylum Office will be the first to consider your case. If doesn't have the power to grant CAT protection. Thus if it doesn't grant your request for asylum, it will refer you to immigration court for deportation proceedings (assuming you have no existing right to remain in the United States). There, the Immigration Judge (IJ) can consider and possibly grant your CAT claim.
To qualify for protection under CAT, you must show that it is more likely than not that you would be tortured if removed to the country from which you are claiming protection.
The harm you fear must meet the definition of “torture” under the CAT. That is, it must be intentional unlawful infliction of severe (physical or mental) suffering or pain, with consent of a public official, for purposes such as punishment, obtaining a confession, intimidation, or discrimination. The torture must be done by, at the request of your government, or with the permission or agreement of your government. You must be unable to get away from your torturer.
More literally, torture can include many different types of harm, such as rape, electric shock, being forced to take drugs or other substances, being deprived of food or water, physical beatings, and threats of such harm.
CAT protection is a mandatory form of relief. That is, the IJ must grant you CAT protection if you meet all of the required elements. The IJ cannot consider any subjective or discretionary factors to deny you this form of relief. Simply put, the U.S. government cannot return you to a country where there are substantial reasons for believing that you would be in danger of being tortured.
The test for obtaining CAT protection is objective. You need to submit objective evidence, such as country-reports and news articles, indicating that you are more likely than not to be tortured.
To show that you fear torture, you must provide information that corroborates that you would face an extreme form of cruel and inhuman punishment. Although many types of punishment can constitute torture, it has to be extreme. Indefinite detention, for example, does not constitute torture.
You must prove that it is more likely than not that you would be tortured if forced to return. The evidence you can use is similar to the type of supporting documents and information you should submit with your asylum claim (see Preparing Persuasive Documents for Your Asylum Application).
The IJ will consider your personal circumstances and your government’s patterns of violations of human rights. Specifically, you need to provide information and documentary evidence about:
Note that any torture you have suffered in the past is merely a relevant factor. Unlike with an asylum claim, past torture does not automatically lead to a grant of CAT. That is because the goal of CAT relief is to prevent your torture in the future. Therefore, you must focus on showing what torture you would be more likely than not to suffer in the future.
Determining eligibility and applying for asylum status or CAT protection isn't easy. Start by talking with an experienced immigration attorney, if possible. Some nonprofit organizations will provide free or low-cost attorneys to low-income applicants. Also see How to Get a Lawyer to Represent You Pro Bono (Free) in Immigration Court Removal Proceedings.
]]>But first, some background regarding key terms: “Affirmative” asylum means you are already in the United States, and you choose to apply with U.S. Citizenship and Immigration Service’s (USCIS’s) asylum office. By contrast, “defensive” asylum means that U.S. officials have encountered you either at the border or in the U.S interior, and you are asking an immigration judge for asylum.
Once an asylum application (Form I-589, with supporting documents) is submitted to USCIS or the immigration court, this allows you to remain in the United States while awaiting a final decision. The application could be pending for a short time, or it could be pending for several years.
A pending application does not give you lawful or permanent U.S. immigration status in the same way that a green card or citizenship would, however. But there’s a side benefit: A pending and non-frivolous asylum application prevents you from collecting “unlawful presence” in the United States (as long as you do not violate other immigration rules, for example, by working without permission). That could help you avoid problems if you later become eligible for a U.S. green card on some basis other than asylum or if you leave and later want to return to the United States.
If you have not received an approval or a denial in your case by the time 150 days has passed, and there are no ongoing delays you caused, and you are otherwise eligible, you can apply for work authorization. This will authorize you to work in almost any capacity in the United States. The exception is that some government or high-security jobs require you to be a U.S. citizen or have permanent resident status.
It could happen that your asylum application is approved before 150 days have passed, in which case you will not even need this option. But it’s entirely possible that the asylum office or immigration judge will not make a decision on your case by this time. That's especially true because if you cause a delay (like requesting a rescheduled appointment for fingerprints or an interview) and that delay is ongoing at the time 150 days arrives, you will not be eligible to apply for a work permit at that time. So, be careful when considering a request to reschedule a USCIS appointment or immigration court hearing.
Your work permit will come in the form of an “employment authorization document” (EAD) sent by mail. There might be delays of a week or two in receiving the EAD after it is officially approved. Asylum-based EADs are currently approved for a two-year period.
You can renew your EAD as many times as you’d like while your asylum case is still in process, so long as you remain eligible. Check the I-765 instructions before submitting your application to make sure you have included the appropriate fees.
When you apply for an EAD, you can also apply for a Social Security Number (SSN) on the same form, the I-765. Alternatively, after the EAD is approved, you can go to an office of the Social Security Administration to apply for an SSN. You will receive a card that says you can work “with DHS authorization.” The EAD proves this authorization from DHS, the Department of Homeland Security.
Your SSN will be helpful for reasons beyond working. With an SSN (and an EAD), most states will allow you apply for a driver’s license or a state identification card. An SSN will also allow companies to run background and credit checks on you. This will make it easier for you to open a bank account, get a credit card, get a contract for a cell phone, and many other things.
At the end of the asylum process, an asylum officer or judge might grant you (and your dependent family members) the status of “asylee”. An asylee can work and live in the United States indefinitely. See Granted Asylum in the U.S.: When You’ll Get Your Asylum Documents.
Your status as an asylee could last well into the future, although U.S. officials reserve the right to terminate it if you no longer fear returning to your home country (for example, if conditions in your country improve). In practice, U.S. officials do not often do this. One year after your asylum is approved, you can apply for permanent residence in the United States (a green card).
If your asylum application is approved, you also qualify for a range of benefits from state and local governments. First, the Office of Refugee Resettlement (ORR) offers services to new asylees, including with housing, employment, and more. Be sure to act quickly; some of these programs are available for only a short time after asylum is approved.
In addition, asylees may qualify for a range of state and federal government programs normally open only to U.S. citizens or long-time permanent residents, such as SNAP benefits (“food stamps”), Medicaid, or subsidies for health insurance under the Affordable Care Act (“Obamacare”).
These programs all have different tests for eligibility, time limits, and so forth. An ORR office or a state benefits office should be able to provide more information about which programs are available in your state and how to apply.
If your case is not approved at the USCIS asylum office, it will probably be referred to the immigration court for removal (“deportation”) proceedings.
If you have some other valid status in the United States, such as a student or visitor visa, the asylum office will not refer your case to the immigration court. Instead, the asylum office will deny your asylum application and allow you to keep your current immigration status.
A “referral” is not yet a denial, but it means that the asylum office was not convinced for some reason. In removal proceedings, you will have the chance to renew your asylum application and testify in immigration court before a judge. The court should receive a copy of your application (I-589 and supporting documents) from the asylum office, so you should not need to file it again.
At the end of the proceedings, the immigration judge can grant your asylum application or can order your removal from the United States.
An order of removal will usually prevent someone from legally returning to the United States for five (or more) years into the future. Even then, it could be difficult to get a visa to return to the United States, because U.S. immigration officials might believe that you will not return to your home country after your visit.
And of course, the risk of being removed to the country from which you fled is very real.
If your U.S. asylum application is not approved, you probably will not be able to successfully apply for asylum in any other country. However, if something about your background or your country changes, you might be able to apply for asylum again in the U.S. or in another country.
In addition, through your asylum application, U.S. immigration authorities will know where you and your family live and have your fingerprints on file. The asylum application form asks about your spouse, children, parents, and siblings, including where they are living now. In addition, your supporting documents or questions during the asylum interview could reveal more details about these family members or details about other family members or friends. However, U.S. immigration officials do not currently use this information to target individuals who are in the U.S. without lawful status. While there is a small risk, it is important to be truthful on your asylum application.
During asylum interviews, U.S. immigration officials usually advise asylum seekers that information from the asylum process will not be shared with other governments. This is reassuring if you worry that your government might retaliate against you. But if you have to appeal your case to a federal court, your name will possible eventually be revealed.
When finishing up your Form I-589 to apply for asylum in the U.S., you might notice a warning on the form, saying that applicants who "knowingly made a frivolous application for asylum will be permanently ineligible for any benefits under the Immigration and Nationality Act."
To qualify as "knowingly frivolous," U.S. immigration rules say that one or more material (important and relevant) elements of the asylum application and testimony would have to constitute deliberate fabrications, otherwise known as lies or falsehoods. (This comes from the government regulations at 8 C.F.R. § 1208.20.) In plain English, your asylum application will be considered frivolous if you lie or make up a fact that is important in your case.
The consequences of filing a frivolous application are severe: a lifetime bar to any immigration benefits. U.S. immigration authorities use several tools to uncover frivolous or fraudulent applications. The penalty no doubt reflects the fact that the U.S. asylum system has a history of abuse by people who turned in applications with made-up stories, in some cases written by someone else, in hopes of gaining status in the United States.
This bar is not, however, meant to deter or frighten away people who truly fear returning to their home country. So if your asylum case is simply weak; for example, various threats against you were never carried out in even the smallest way, or you're depending on an area of asylum law that courts have trouble agreeing on (such as whether domestic violence survivors can claim asylum), you should not fear a frivolous finding.
If you think your case might not impress the asylum examiners sufficiently to grant it, that's a good reason to hire an immigration attorney or at least pay special attention to supplying persuasive documents in support of your case. Evidence of conditions in your home country will be very important. The more documentation you can present from experts showing that other family members of politically active persons, in situations similar to yours, legitimately feared persecution, the stronger your case will appear.
For more information about asylum, see the Asylum & Refugee Status section of Nolo's website.
]]>Here's an overview of how affirmative asylum timing usually works, including
According to the Immigration and Nationality Act (I.N.A.) at § 208(d)(5), U.S. Citizenship and Immigration Services (USCIS) is supposed to conduct an applicant's asylum interview within 45 days after receiving the application and make a decision on the asylum application within 180 days after the date the application is filed, unless exceptional circumstances arise. It does not, in a huge number of cases, achieve that goal.
Large influxes of Central American and South American migrants fleeing violence have led to a surge of new asylum applications and a massive backlog at USCIS. This has prevented the agency from complying with the deadlines set by law.
To address the problem, USCIS has implemented a “last in, first out” policy. This creates a three-tier prioritization system for asylum cases, taking them in the order of:
So, depending on when you applied, your asylum application might be placed in a years-long wait queue (if you applied before January 31, 2018), or a very short one (if you applied after January 31, 2018). In some immigration courts, the waits range as long as five years.
Are you curious why USCIS is not handling cases on a first-come, first-served basis? It's mostly because long waits for decisions can qualify applicants for U.S. work permits. The government doesn't want to create an incentive for undocumented people to file frivolous, baseless applications for asylum.
First off, make sure to keep USCIS updated on your address, so that you don't miss an interview notice after moving. Also see What Can I Do While My Asylum Application Is Pending a USCIS Decision?
If an urgent personal situation arises during this time period, you can ask the asylum office to expedite your interview. It pays attention to such situations as having close family members in danger in your country of origin (who are relying on you to petition them to join you as an asylee) or your facing future surgery or hospitalization which would make it difficult to attend an interview. You fill need to gather evidence to support your request, such as documents or letters showing your family's difficult situation at home or a letter from your doctor.
Of course, you will need to balance this urgency against the risk that USCIS will grant a speedy interview but ultimately deny your request for asylum and refer you to immigration court, where a judge might order you deported.
The current method for requesting expedited action on interview scheduling is to make your request in writing to the asylum office handling your case. If you're not sure which one that is, check the USCIS Service and Office Locator page.
Within 30 days after USCIS receives your complete asylum application, it should send you a receipt notice (confirming that it got your application). In some cases, USCIS takes longer than 30 days to send receipt notices.
At the same time or shortly thereafter, USCIS will send you a biometrics appointment notice. It will require you, any spouse included in your asylum application, and any children included in your asylum application who are older than 14 to appear and have biometric information (fingerprinting, photo, and signature) taken. This is normally completed at a USCIS application support center (ASC), which is likely to be closer to your home location than the asylum office.
Eventually, you will either be scheduled for an interview at one of the various U.S. asylum offices or an asylum officer will travel to your local USCIS office to meet you. Only a minority of U.S. states have an asylum office. The existing ones are located in the following cities: Arlington (VA), Boston, Chicago, Houston, Miami, Newark, New York, Los Angeles, San Francisco, and Tampa.
Unfortunately, being scheduled literally means you will receive an interview notice with the date and time you are expected to show up; typically two to three weeks in the future. The asylum office doesn't get in touch to find out whether you are available around that time. This can be shocking and inconvenient for people who waited ten years or more for an interview; and underscores the importance of advising the asylum office if you change your address.
Be sure to prepare well in advance, for example by reading How to Prepare for an Asylum Interview and Your Asylum Interview Appointment: A Walk-Through.
CAUTION: Do your best not to miss the interview! The asylum officer will wait 45 days from the missed-interview date before making a decision on your case. If you haven't gotten in touch by then and you are not in valid immigration status, the officer will mail a “referral notice for failure to appear” and a Notice to Appear in immigration court (an NTA). In other words, you will be put in removal proceedings and have to see an immigration judge. If you are in valid immigration status, your asylum application will simply be dismissed, and you'd have to start over. Missing the interview might also prevent you from getting a work permit.
After USCIS receives your complete asylum application and has held an interview with you, you will either be asked to return there to pick up the decision of the asylum officer or a decision will be mailed to you. Although you should receive a decision within two to three months, there have been reported wait times of up to a year.
If you are still in valid immigration status (for example, are in the U.S. on a visa, under which your permitted stay has not expired) an asylum officer who does not believe you qualify for asylum will deny your case. If you aren't in valid immigration status, the asylum officer will either grant your asylum application or refer your application to the immigration court.
If the asylum officer refers your asylum application to the immigration court, you will be scheduled for a master calendar hearing (your first appearance before an immigration judge). There, the immigration judge might ask you whether you accept an expedited hearing. This will not affect how your case is processed or how likely it will be for you to obtain asylum. Instead, it will shorten all of your court deadlines and could impact your right to a work permit in the short term, as we'll explain.
Under the expedited removal timeline, the immigration judge will issue a decision on your application within approximately 180 days after your case is referred to the immigration court. If you accept the expedited schedule, the immigration judge will likely schedule the individual merits hearing (at which you will present your case) at least 14 days after your master calendar hearing.
Sometimes the immigration judge or the government attorney will need to reschedule the hearing date or the immigration judge will not offer an expedited removal timeline. Moreover, if you will be presenting a lot of facts and witnesses, the immigration judge might need to schedule several merits hearings. Hence, it is likely that your asylum case will be pending before the immigration court for more than 180 days, even on an expedited removal timeline.
It is extremely important that you fully prepare for your individual merits hearing, for example by doing country research, preparing additional supporting documents, preparing witnesses, and so on. An expedited hearing date might not give you enough time to do all that.
If you feel that you will need more time to prepare, you can decline or waive your right to the expedited hearing. In that case, your individual merits hearing might be scheduled more than two to three years into the future.
On the other hand, giving yourself that extra time could be a problem if conditions in your home country improve enough that your fear of persecution becomes less credible. What's more, declining an expedited hearing date could be viewed as causing a delay in your asylum application, which could prevent you from qualifying for a work permit.
If your asylum case has been pending for more than 365 days since you filed your complete asylum application with USCIS, you might be eligible to apply for employment authorization during the wait. You cannot receive authorization to work unless your asylum case has been pending for 365 days or more, you have not caused any delays that are still ongoing at the time of your work permit application, and you are not otherwise ineligible. The U.S. government works hard to make sure this doesn't happen.
So, if you request a continuance (a later asylum interview date than that scheduled by an asylum office or a non-expedited hearing schedule before the immigration judge), and that delay is still ongoing after your application has been pending 365 days, you will not be eligible for a work permit.
If delays are requested or caused by the government or the immigration judge, however, you should remain eligible to receive a work permit after 365 days, so long as none of the other ineligibility criteria apply to you.
A good attorney can help you prepare your application, monitor USCIS processing times, request an expedite if needed, help you apply for a work permit if you qualify, and accompany you to the interview. All of this assistance can improve your chances of ultimately obtaining asylum. Fortunately, asylum is an area where you'll find a lot of help from volunteer attorneys or nonprofit (charitable) organizations serving immigrants and refugees.
However, some applicants for asylum will qualify based on the length of time they've waited for a U.S. government decision on their case, as discussed in this article.
In order to apply for an EAD with a pending application, you will need to have been waiting 150 days or more with no initial decision on your application from the asylum office or from the immigration court. (The time period was changed to 365 days during the Trump Administration, but the Biden Administration has reversed that.)
Is such a long wait likely to happen? In the past, you could expect to wait months or even years before speaking to an asylum officer or immigration judge about your asylum application. But USCIS has taken steps to combat what it saw as a problem of people applying for asylum mainly to get a work permit. It began scheduling recent asylum applicants BEFORE people who'd applied earlier, to make sure they had less of a chance of receiving a work permit. (Speak to an attorney for the latest information on how long you are likely to wait.)
If you're applying for asylum with USCIS ("affirmatively"), you'll submit your application by mail. Then you'll get a receipt notice telling you when USCIS receives your application, which will be the date you begin counting the 150 days.
If you're applying for asylum after being placed in removal proceedings, it was formerly possible to "lodge" (give to the court in person or, during the COVID-19 pandemic, via email) a not-entirely-complete asylum application in order to start the clock. In 2020, however, the courts announced they'd stopped allowing the practice of lodging.
Another option if you’re in removal proceedings is to file your full asylum application with the immigration court as part of the proceedings. That application will be the one the immigration judge reviews in considering your case for asylum. The court will stamp your copy with the date, so that when you apply for your EAD you can prove to USCIS that the 150 or 365 days started that day.
Your wait to apply for an EAD could be even longer. If your asylum application has been been delayed by something you did and the delay is still ongoing when you apply, your EAD application will be denied under the new rules. (Under the old rules, your delay would "stop the clock," and restarting it could be difficult.)
You might end up delaying your asylum application for any of various reasons. For example, you might request more time, or fail to show up for a fingerprinting appointment, or request to submit additional evidence, or submit additional evidence less than 14 days before your hearing.
If you're in removal proceedings, the government can consider your case delayed if you ask for your case to be postponed so you can get an attorney; if you ask for more time to prepare your case; if you say no when the judge asks you if you want your asylum claim to be heard sooner than normal; or if you file a motion that delays your case.
If the required number of days pass with no initial decision on your asylum application, you'll need to determine whether you are eligible for a work permit and take steps to apply for it. The application process involves filling out USCIS Form I-765. For detailed instructions, see How to Apply for a Work Permit as an Asylum Applicant. Immigration regulations give USCIS up to 30 days to make a decision on I-765s from asylum applicants.
For in-depth information on asylum and refugee protections and all key immigration law issues, see U.S. Immigration Made Easy by Ilona Bray (Nolo).
]]>Your interview might not be held for years after you submit your Form I-589, Application for Asylum and Withholding of Removal, however. USCIS posts its asylum processing times at the online Affirmative Asylum Scheduling Bulletin.
Anyone physically in the United States who is not in Immigration Court can file an asylum claim. For background on eligibility and procedures, see articles on Asylum & Refugee Status.
There are eight asylum offices in the United States with typically around 500 Asylum Officers. They are federal employees who make decisions on asylum applications. They do not handle any other type of immigration application, and take no part in enforcement activities.
Asylum Officers are trained in asylum and refugee law. They undergo sensitivity training and attend weekly training sessions on country conditions around the world.
An Asylum Officer’s job is to figure out who meets the legal definition of a refugee. They do this by reading your asylum application and conducting a non-adversarial interview. (Non-adversarial means that the officer is not trying to take an opposing side to yours, but simply to get at the truth of your experience.)
The officer is required to ask questions to help determine whether you are a refugee, based on the information in your asylum application and what you say during the interview.
You do not have a choice of which officer you will meet with at your interview. You can, however, request a female officer if you have been subjected to forms of persecution that you would feel uncomfortable discussing with a man.
Whether or not you used a lawyer to help prepare your asylum application, consider bringing one who is experienced in asylum law to the asylum interview. Lawyers are not supposed to speak during the interview, but can take notes and interact with the officer to a limited degree. Their notes can be important later in the process if, for example, you have to respond to the officer in writing.
Lawyers are also allowed to give a closing statement at the end of the interview and ask you any important questions they believe the asylum officer forgot to ask.
If you bring an attorney who hasn’t been associated with your case before, the attorney will need to fill out, and have you sign, a form called a “notice of representation” or G-28. Make sure the attorney remembers to submit this to the officer during your interview!
If you are not fluent in English you must normally bring a foreign-language interpreter to your interview. Even if your English is so-so, it can be helpful to have an interpreter there, to make sure you don't misunderstand something.
This doesn't have to be a paid professional. It can be a friend or family member. Think about who would be best to accompany you—ideally, someone who knows how to translate words that you will use in the interview. For example, if you are a Chinese Catholic claiming persecution by the government on account of your religion, bring an interpreter who can translate Catholic doctrinal and religious words into English.
Understand, however, that there are limits on who can serve in this role. You will not be allowed to have the following people serve as your interpreter:
Remind your interpreter to bring identification to the interview. Your interpreter will be asked for this identification and will not be allowed to translate for you without presenting such identification.
Do not underestimate the importance of your interview day. Get a lot of sleep the night before and be ready for an emotional experience. Eat a good meal.
Set up a specific time and place to meet your attorney and interpreter if you are using either. Arrive at your meeting place early, with a copy of your asylum application in hand so you can review what you wrote, make sure it's all accurate and up to date, and think about how you will explain your story to the officer.
Remember that you will be talking about traumatic events in your life, including past persecution or your fear of future persecution, which can be difficult to discuss under the best of circumstances.
In getting ready, think about the fact that asylum interviews are normally conducted in small offices with closed doors. The purpose is to protect the information you share, but it means you’ll potentially be in a stuffy environment, in close physical proximity to the interviewer. Here are some practical things you can do to help the officer focus:
Asylum Offices typically require that applicants walk through a metal detector before entering the waiting room. Security personnel will look through your bag. Turn off your cell phone. Completely empty your pockets and place all contents along with your phone and belt into the container for the guard to look through. Follow any instructions the guard might give you.
After walking through the metal detector, you might be directed to a window where you will hand in your interview notice. You might also have the opportunity to submit any additional documents at this time. For example, you might have received medical records or affidavits since first submitting your asylum application or you might have found new information about conditions in your country that you want to show the officer.
You might be handed a number by which you will be called when the officer is ready to interview you. This is the time to request a female officer if you are more comfortable being interviewed by one.
Once you have turned in your interview notice, you will be seated and will wait to be called for fingerprints. This fingerprint is different than the one you did at your biometrics appointment. This print identifies you as the person who submitted the application and alerts the office as to whether you have filed an asylum application under a different name or at a different office.
There could be a very long wait before you are called for your interview. Food and drinks are not usually allowed in the waiting room.
When the Asylum Officer is ready to conduct your interview, your name or, more likely, the number handed to you at the window, will be called. Follow the officer into their office with your attorney and interpreter. Once inside, the officer will have you stand and swear or affirm that you will tell the truth. After that, you’ll be asked to sit down.
The officer should begin the interview by explaining what you should expect and assuring you that everything you say is confidential. The officer should also instruct any interpreter as to how to translate (preferably word for word).
The officer will also start by reviewing the basic facts in your application, such as your name, marital status, and address, to make sure they're accurate and up to date. If you had to wait many months or years for the interview, changes are likely. Be ready with either the latest information (which the officer can then write onto your application) or, to make things easier, a written list you can give the officer.
Tell the truth during your interview. Officers have good instincts and a lot of time to figure out whether you are lying.
An asylum interview should be a seated discussion about why you left your country and why you don’t want to go back. (Remain in your chair—it is not considered appropriate to lean on the officer’s desk.)
The officer should have already read your file and researched conditions in your country. The officer should also have run security checks, which could show how many times you’ve entered the United States as well as any criminal activity associated with your name and date of birth.
Different officers have different interview styles. Some are brusque and want to hone in on the facts, others take a more nurturing approach. Try not to jump to conclusions about whether the officer’s style indicates whether they will likely grant your case.
Instead, try to focus on explaining the facts of your claim by answering whatever questions the officer has. Know that the officer will take steps to become familiar with the situation in your country if they don't already know it. Do not say confrontational things to the officer like, “You don’t know what it’s like in my country.”
It is important to testify in detail, even including any facts or incidents that were not mentioned on your asylum application. If you add incidents, however, the officer will likely ask you to explain why you did not set them in your application.
If you don’t understand a question you should ask the officer to repeat it. This point is important. Many officers have accents or speak English so fast you might not understand a question. If this happens, do not make up an answer. This isn’t a test of your English comprehension—it’s okay to explain that you didn’t understand, and ask the officer to repeat or rephrase a question.
Asylum interviews are usually one to two hours. Remember that the officer’s job is to figure out whether you are a refugee. The amount of time spent on an interview is specific to your case.
An asylum interview is your time to explain what happened to you and why you don’t want to go home. Your attorney should make sure your testimony is complete.
If you are alone and an officer is not giving you a chance to testify fully, you can ask to see a supervisor. Also ask to see a supervisor if an officer is inappropriate in tone or with chosen questions.
Asylum applicants who are in lawful status (that is, who have an unexpired visa or other right to be in the U.S.) normally receive their decisions in the mail.
If you are not in lawful status, you will be asked to return to the asylum office to pick up your decision. Ideally, the asylum office attempts to do this around two weeks after your interview. However, a combination of delays in running security checks and a lack of asylum-office supervisors to review the decisions has meant this ideal is rarely met.
You might receive your decision by mail if you were interviewed at a district office rather than at one of the eight asylum offices.
If the asylum officer recommends that you be approved for asylum, you have won your case. You will be given instructions on how to apply for work authorization and will be able to get a Social Security number. Once additional security checks are completed, you should receive your final approval in the mail along with an I-94 card saying “asylee.” At this point you will no longer need an employment authorization card in order to work.
If you are in lawful status when your case is approved, the process is similar to the one just described.
Also see, After a Grant of Asylum: What's Next.
Asylum applicants in unlawful status who are not granted asylum will be referred to an immigration judge. In this case, when you go to the asylum office for your decision, you will be given a decision telling you when and where to report to immigration court. This is called a “Notice to Appear” or "NTA."
It is important that you show up in court on the appointed day. If you don’t, the judge can order you removed from the United States. You can renew your asylum application before an Immigration Judge at your hearing. This process is much more involved that the asylum interview, however, so it is even more important that you attempt to hire an immigration attorney to help you.
If you are in lawful status and the officer is not approving your case, you will be mailed a Notice of Intent to Deny (NOID) your claim explaining why asylum is not being granted. You have 16 days to respond to this NOID. If the officer has a change of mind you will be granted asylum. If not, your application will be denied and you will remain in your lawful status until it ends.
]]>During this interview, the Asylum Officer (“AO”) will try to test your:
(See What Happens During an Asylum Interview for details.)
The purpose will be for the AO to confirm and evaluate information in your asylum application, in order to help decide whether you merit a grant of asylum. Therefore, you must know, and will have to present your story, comprehensively and well. Here, we'll describe exactly what you must do to prepare for your interview.
What if you can't make the date the interview is scheduled for? Act quickly, you might be able to postpone it.
Your interview notice will include many details on time, place, and procedures. Read them many times so you don't miss anything or forget to bring an important document.
It's mandatory to bring someone who can interpret for you if your English isn't strong enough for this purpose, as described in What Happens During an Asylum Interview. This doesn't need to be a paid professional, but there are some requirements for who can and cannot serve in this role.
In order to convince the AO that you are credible (that is, believable), you will need to be honest, detailed, and consistent in all of your answers, and also consistent with what you had stated in your application. For details about credibility, see Chances of Winning a Grant of Asylum.
In order to show these things, you will need to know your entire asylum application very well, and not make mistakes or get confused.
A few days before your interview, start reviewing your asylum application (Form I-589 and supporting documents). Take your time, and do not leave this task until the last minute. You need to be familiar with every sentence and every detail in your application. Also review all the declarations, identity documents, country reports, and any other documents you submitted to USCIS.
When reviewing all this information, pay attention to whether all the details are consistent with each other, and whether they are all accurate and up to date. If you see any outright mistakes or discrepancies—for example, you stated in one section that the car following you was blue, but later say that it was white—you must point that out to the AO at the beginning of your interview, clarifying what is true and, if appropriate, explaining why you made the mistake. Also, if you realize that you had forgotten to mention any details that are important to your asylum claim, tell the AO at the start of your interview.
(We'll discuss what to do about outdated information later in this article.)
Reread your application as many times as it takes for you to remember all of the details in it. Pay attention to dates, places, and names. It's easy to get mixed up about dates, even when talking about your own life—but the AO may not sympathize with this. Also refresh your memory about all the events that constituted the persecution that is the basis of your legal claim to asylum.
Never try to embellish or create additional details if you are not sure of them. Remember, you must be completely honest during your interview.
After becoming familiar with your complete asylum application, practice answering difficult or uncomfortable questions. Even if your lawyer works on this with you, it's worth having a friend ask you general questions such as, “So why are you applying for asylum?” and questions dealing with details in your application, such as, “What happened on ____ [a precise date mentioned in your application]?”.
If you will be bringing a foreign language interpreter to your asylum interview, it is best to practice questions with that interpreter, and with another person acting as the AO and asking you questions in English. Practice recounting details from your application that are especially embarrassing, painful, and hard for you to talk about. In order to increase your chances of winning asylum, you will have to discuss such details with the AO.
An important part of your preparation is to learn to clearly explain your legal claim for asylum. That is, focus on (1) the incidents of your persecution, and (2) the legal grounds on account of which you were persecuted (such as your religion or political beliefs). Sometimes, because your religion or political opinions are so deeply ingrained in you, you might have never had to talk about them in detail with strangers. Hence, learn to be comfortable talking about them.
To help you feel more confident going into your interview, you might want to prepare a short outline or a list of the main incidents that constitute your persecution, in chronological order. Also, write down any important details (such as names, dates, places, and any types of instruments your persecutors used to hurt you) that you are having difficulty remembering. Just don't expect to read extensively from these notes, or the officer might suspect you don't know the facts yourself, but have been coached to tell a made-up story.
If you do not have an attorney, you might also want to write down a short closing statement. You will have an opportunity to make that statement to the AO at the end of your interview. You might want to include a quick summary of your persecution, and include the most critical details from your story.
As you review your application materials, you might notice facts that have changed owing to the passage of time. Perhaps you've moved to a new address, gotten married, had a child, or switched jobs. Such changes are especially likely given that some asylum applicants wait years for their interview.
Take notes on these, at least for yourself, so that you'll be ready to bring them to the attention of the asylum officer, who will go over your application with you verbally and make notes of any changes.
Or, if the changes are substantial, attorneys have found that it's easiest to prepare a written list of the changes (as well as corrections to any errors). When you go to the asylum office to check in for your interview, give the list to the person checking you in, and they'll get it into the officer's hands in advance.
Make sure to bring the following documents with you:
If your spouse or children are included in your asylum application, bring any of the above documents that pertain to them, as well.
Make sure to bring English translations and original certificates of translation for any of the above documents that are not in English.
Because you might have to wait a while at the Asylum Office before you are called in for your interview, bring something to read (if it will relax you), snacks and water (if allowed at your Asylum Office), and toys for your children if you are bringing them along.
You'll want to be feeling your best on the day of your interview. Therefore, prepare everything the day before.
Figure out your transportation arrangements well ahead of time. If unfamiliar with the location of the Asylum Office, make sure to travel there before your interview to know exactly how long it will take you to get there. Do not forget to consider special traffic conditions at the time of your interview, and if driving your own car, any additional time you will need to find parking.
Collect all of the materials you will need to bring to your interview (see above). Also, lay out your clothes for the interview. They should be neat and clean, and you should be yourself and feel comfortable in them. If you have any scars or other physical markings from your persecution, and you feel comfortable showing them to the AO, make sure that your clothing will make it easy for you to show them.
Finally, prepare emotionally. Try to relax and rest well the night before, and feel confident in all the work you have put into preparing your application and preparing for your interview. You will be asked some difficult questions, and you will have to talk about matters that are personal and private.
It's okay to shed tears or cry during the interview. The AO will expect that you will show emotion when retelling painful events from your past. All asylum applicants have to talk about such things during their interview, and your likelihood of obtaining asylum will depend on how credible you are. Bottling up thoughts and feelings can result in your not revealing either your fear of persecution or details of the events themselves.
If you are a woman, and are uncomfortable speaking to a male AO, you will be able to request a female AO. The Asylum Office will try to provide you with a female AO, if one is available. But your request might also be denied, and you might have to be interviewed by a male AO.
An asylum interview is a tiring experience (both physically, and emotionally). Also, you will probably have to wait for a while before your interview, which will last at least an hour. Therefore, make sure to eat before you leave for the interview.
For what will happen after the interview, see Timing of the Affirmative Asylum Application Process.
]]>Note that you are not yet eligible for asylee benefits if your asylum case is on appeal to a higher court or if you only received conditional or recommended approval.
Here you will find guidance on what benefits might be available to you after you obtain asylum, and how to apply for them.
Once you have been granted asylum, your immediate family members (spouse and children)—whether they are in the U.S. or outside—are entitled to a “derivative” grant of asylum.
If your spouse and children were included in your asylum application and are physically present in the U.S., they will automatically receive asylum at the same time as you.
If they are overseas, or were not included in your application, you can file USCIS Form I-730, Refugee/Asylee Relative Petition to obtain asylum for them. Use a separate form for each family member. (Here's how to fill it out.) They will need to attend an interview at a USCIS office and, as of a 2020 USCIS policy memo, you will probably be asked to attend with each one of them.
For your spouse to be eligible for asylum, the two of you must in most cases have been legally married (that is, with a government-issued certificate) before you were granted asylum. An exception can be made, however, for informal or refugee-camp marriages if you can provide evidence that this is what you entered into because you couldn't have your marriage legally recognized where it occurred because of your flight from persecution and circumstances beyond your control, or due to restrictive laws or practices in your country of origin or country of first asylum. Your marriage must meet all other legal requirements, however. (See 2022 guidance from USCIS.)
For your children to be eligible for derivative asylum, they must be unmarried and younger than 21.
It would also be wise to remind your spouse and children that, even if you were to die after receiving asylum, they will continue to have asylum status so long as they lived in the U.S. at the time of death and continue to live in the U.S. at the time of submitting an “adjustment of status” application (for a green card). What’s more, they should be able to apply for U.S. lawful permanent residence (a green card) after one year, just like any other asylee.
As soon as possible after obtaining asylum, you should contact a Refugee Resettlement Agency (RRA). The RRA should be able to help you adjust to living in the United States. RRAs may help you even if you are already working.
Depending on the local agency, and on your individual circumstances (including your family size, income, and savings), RRAs might help you in some of the following ways, for a limited length of time:
Be aware that some services have application deadlines. That is, you must apply for some programs offered to asylees within a certain time period (as few as 30 days after you were granted asylum) in order to be eligible. To find the closest RRA, call the Asylee Information and Referral Hotline, at 1-800-354-0365, or visit the Office of Refugee Resettlement website. Its map of relevant state agencies can be particularly helpful.
Also, some of the services for which you might be eligible have expiration dates by which you must stop using them, such as five years for programs related to employability such as job training and seven years for SSI (Supplemental Security Income for disabled persons).
Once you get your green card or become a U.S. citizen, you might be able to extend your eligibility for certain public benefits.
Asylees are automatically eligible to work in the United States. You do not need an Employment Authorization Document (EAD) to do so, but some find that an EAD is handy proof of identification if you do not have a passport or another photo ID.
However, you should definitely apply for a Social Security card, which employers will ask for, and which will enable you to pay taxes and apply for various public benefits. As an asylee, you are eligible for an “unrestricted” Social Security card, which does not place any limitations on your employment.
To obtain your Social Security card, go to your local Social Security Administration office. To find one near you, call 1-800-772-1213 or use the Social Security Office Locator online.
Bring original proof of your asylum grant, and proof of identity (such as a passport or state-issued ID card), and a completed Form SS-5, Application for a Social Security Card. Make sure to keep a receipt from the Social Security Administration that you had applied for a Social Security number to show other agencies if you apply for public benefits before you get your card.
You will receive your Social Security card in the mail within a few weeks. Double check that it does not have any restrictions written on it. If you do not receive it or if it has restrictions, return to the same Social Security office to inquire.
If you currently have a restricted Social Security number, you should go to the Social Security office and apply for an unrestricted card. Again, make sure to bring documentation proving that you were granted asylum.
As an asylee, you may obtain an official identification (ID) card or driver's license from the state where you live. Most states require that you have a Social Security number before issuing an ID card or driver's license.
After you have lived in the U.S. for one year since your grant of asylum, you can apply for a green card. In technical terms, this is called “adjusting” your status to “lawful permanent resident.”
For guidance on why it is important to apply for permanent residence as soon as possible, and what you need for a successful application, see How to Apply for Permanent Residence as an Asylee.
In order to reenter the U.S. after temporary travel abroad, you will need a refugee travel document. You can obtain it by filing USCIS Form I-131, Application for Travel Document. It might take several months for you to receive it. Travel documents expire, so also make sure that yours will still be valid when you try to reenter the United States.
Never go back to the country from which you are claiming persecution. If you do, the U.S. government may decide that you do not fear persecution there anymore, and take away your asylum status. Similarly, do not travel using a passport issued by the country from which you had claimed persecution.
You may apply for U.S. citizenship (to "naturalize") four years after obtaining your green card by filing Form N-400, Application for Naturalization.
Technically, you are eligible to apply for citizenship five years after you officially become a permanent resident. However, one year of your time as an asylee counts as if you already had a green card. This is known as “rollback.” Hence, your green card will specify your starting permanent residence date as one year before your residence application was actually approved. See How to Become a U.S. Citizen.
]]>Neither the immigration judge who grants asylum in court nor the USCIS officer who grants your asylum application is responsible for processing all the relevant documents. Instead, important portions of this task will be handled by another department within USCIS after you notify it and follow the appropriate steps, described below.
DHS issues two types of documents proving one’s asylee status and ability to work: Form I-94, stamped “asylum granted indefinitely,” and Form I-766, which is also called an “employment authorization document (EAD)” or a “work permit.”
Unlike I-94s bearing a departure date (which tourists and other temporary visitors to the U.S. receive), asylees receive a stamped card proving that they can stay in the U.S. indefinitely. Because your asylum grant also allows you to work legally without a valid work permit, you can present this to verify your identity and work authorization to your employer or the Social Security Administration (SSA) in the first 30 to 90 days following your asylum grant.
When you present the SSA with your stamped I-94 or the original decision of the immigration judge granting you asylum in the EOIR, the agency will issue you an “unrestricted” Social Security card, which treats you as a permanent resident alien with permanent employment authorization. Apply for this card within 31 days of being granted asylum to be become enrolled in certain programs granting you government assistance, service, and benefits.
The second piece of documentation, the work permit or “employment authorization document” (Form I-766), is not necessary for asylees to present as work authorization, but is a good form of identification to have when applying for a state-issued driver’s license or other identity card. Your work permit will have a special code, like “A5,” printed on it, showing that you are an asylee and distinguishing you from other work permit holders.
If it's the USCIS asylum office that approves your asylum application, you should receive the work permit within 14 days of getting the approval notice and I-94. If it's an immigration judge who approves your asylum application, you will need to fill out and send Form I-765, Application for Employment Authorization, to USCIS. After sending this form, it usually takes USCIS several months to send you your work permit. You can check USCIS processing times to see how long it is currently taking to issue work permits.
After a USCIS officer interviews you on your “affirmative” asylum application, the USCIS officer will tell you if you need to come back to the USCIS asylum office to get your decision or if the decision will be mailed to you. Some decisions can take several months.
If your asylum application is approved, you will receive an approval notice and your I-94 card stamped “asylum granted indefinitely.” You are now living in the U.S. with “asylee” status.
With the I-94, you can apply for a Social Security number and work legally without a work permit. Most USCIS asylum offices will send your work permit shortly after your approval notice. If you have not received your work permit for 14 days after getting the approval notice, contact the USCIS asylum office listed on your approval notice.
At your final hearing in the immigration court, the immigration judge will likely read an “oral decision” and provide you with a written copy. Don’t be surprised if that document is several pages long. The cover page, containing your name and alien (A)-number, will be followed by the reasons the immigration judge decided to grant your application.
On the last page, under the section labeled “ORDER,” you will see that your application for asylum has been “APPROVED” or “GRANTED.” The immigration judge will sign and date the order at the bottom of the page.
The “final order” is not only the last page with the order, but all the pages in the immigration judge’s decision. In some cases, the immigration judge will issue another, shorter order, checking the “granted” box under the application name (I-589), as well as another section indicating whether the government has “reserved” appeal. Keep all the pages of the decision together for your records and as evidence of your asylum grant by the immigration court. You will need them in order to process your asylum documents.
Let’s start by making sure you've received a final order—where the government has not reserved or filed an appeal of the immigration judge’s decision—granting you asylum. At the hearing, after reading the decision, the immigration judge will ask you and the DHS attorney if either of you wishes to dispute the order granting you asylum. In response to the immigration judge’s question, the attorney representing the DHS might say “yes” or “reserve” the right to appeal. Reserving appeal means, technically, that the DHS attorney wants some more time to think about it.
If the DHS does not reserve appeal, the agency “waives” or gives up its right to challenge the immigration judge’s decision. The immigration judge’s order is then “final,” and you are eligible to receive asylum documents showing your change in status.
If the DHS attorney does reserve appeal at the end of the hearing, it means that the agency might file an appeal later on, though not necessarily. (Sometimes the DHS attorney forgets!)
If DHS does go through with an appeal, it has 30 days from the date of the hearing to turn in written arguments challenging the immigration judge’s decision. You will know that DHS has failed to meet this deadline if you do not receive a dated receipt from the appellate court (Board of Immigration Appeals or B.I.A.) in 30 days.
After 33 days (three days after the 30 days following the immigration judge’s decision) without notice from the B.I.A., the immigration judge’s decision becomes final and you can proceed with the next steps to obtain your asylum documents.
For you, however, just the mention of “reserving” appeal at the hearing means that the immigration judge’s order granting you asylum is not yet final. As such, your status as an asylee is on hold, and you will not be eligible to get documentation of your “asylee” status just yet.
In 2023, USCIS began a new policy of mailing I-94s to asylees who were approved in court. However, until they get this fully established, you might need to make an appointment (as was the norm before).
USCIS requests that people wait three business days after an asylum win in the immigration court has become final to schedule an appointment with them. To do so, you will call the USCIS Contact Center. Explain to the agent who (eventually) takes or returns your call that an immigration judge granted you asylum, and that you need either assurances that your I-94 is on the way or an appointment with your local USCIS field office to obtain your I-94.
You will need to have an email address so the USCIS agent can email you the appointment letter. Take the appointment letter, an identification document (if you have one), and the immigration judge’s final order to the appointment.
Alternatively, you could try requesting an in-person appointment directly, via USCIS's online "My Appointment" portal. This is new as of late 2023, so it's impossible to assess whether it will be faster or more effective than going through the Contact Center, or what happens if you try both at once. Also, getting an appointment isn't guaranteed; the agency will evaluate your need after you submit the request.
When you arrive for your appointment, USCIS needs only to verify your identity, update your biographical information, and collect any remaining biometrics (fingerprints) before ordering your asylum documents. You will likely receive the I-94 on the same day you have your appointment.
You might also have to fill out Form I-765, Application for Employment Authorization, if you have not done so already. You do not, however, need to apply for another work permit if the one you have is still current. (Wait until it’s six months short of expiration, and then apply to renew by mail.)
Be prepared to provide biographical information (including your parents’ names) at the appointment. Remember to retrieve all your original documents before leaving to go home from the appointment.
Neither the I-94 nor the EAD for asylees allow travel outside the United States and then reentry in the manner that a green card does. In order to be allowed to enter the U.S. again after departing, you will have to file Form I-131, Application for Travel Document with USCIS at least 60 days before leaving the United States. (See Applying for a Refugee Travel Document.) Use your Refugee Travel Document (RTD) for travel instead of a passport for up to one year. Do not let your RTD expire while you are outside of the United States.
Although you can use your RTD to travel to your home country, be aware that returning to the country where you faced past persecution indicates you no longer need protection within the United States. Accordingly, your grant of asylum could be terminated or looked into for fraud.
Even if you haven't used the services of an attorney up to this point, you could hire one if you're having any trouble dealing with the U.S. immigration bureaucracy and obtaining all the documents you need to prove your new status as an asylee in the United States. If you're low income, be sure to check into How to Get a Lawyer to Represent You Pro Bono (Free) in Immigration Court Removal Proceedings.
]]>Unfortunately, there is no 'easy' way to gain refugee status, asylum, or other humanitarian protection in the United States. But it's worth understanding and considering the possibilities, as this article discusses.
To meet the eligibility requirements to become either an asylee or refugee, you must be unwilling to return to your country of origin due to a well-founded fear that you will be persecuted based on your race, religion, nationality, social group, or political opinion. But the similarities end there.
The big difference between refugee and asylee statuses is as follows:
In other words, it's a difference of both location and application process. Below is a quick overview; for more detailed information about these application processes, see Asylum or Refugee Status: How to Apply. and How to Prepare and Submit a Refugee Application to the U.S.
Before attempting to “apply” to become a refugee, you must get a referral. The United Nations Refugee Agency (UNCHR) is your best bet for getting into the U.S. Resettlement Program (USRAP), but even then only around 1% of cases are ordinarily referred for resettlement in a third country such as the United States.
If you are referred to USRAP, it is not guaranteed that you will be given refugee status, much less be assigned to the United States. You will need to go through a series of interviews, and present any relevant documents that you have, showing your identity, the persecution you experienced, and more. Fortunately, the various agencies set up to handle this process understand that you might have left your country with little, and will try to help you prepare your story and gather relevant documents. But they could place you anywhere in the world (though a U.S. assignment is more likely if you already have family here).
If you can enter the United States of your own accord, such as by obtaining a valid tourist visa or even crossing the border unlawfully, you'll be able to apply for asylum on your own initiative, either at the border or airport, or by mail. The Immigration and Nationality Act specifies that foreign-born people can apply for asylum if "physically present in the United States," "irrespective of" their immigration status." (See I.N.A. Section 208(a).)
This covers both people who made illegal entries and those who overstayed visas; though you should submit your asylum application within one year of arrival (or ideally before your visa, if any, expires).
If you decide to travel to the U.S. on your own, you must foot the bill for transportation and find your own place to stay, and perhaps pay a lawyer to assist you in preparing a persuasive, complete application. You will not be able to legally work in the U.S. for some time after submitting your application (the exact timing depends on whether your case gets delayed for a reason that wasn't your fault.
If you are approved for asylum, you can stay in the U.S.; but if you are denied, you and anyone named on your application as an accompanying family member will be placed into removal proceedings where you will have to present a convincing asylum case in Immigration Court. At this point, the process can be overwhelming and time-consuming, and will likely require the assistance of an experienced attorney.
Another option, if you cannot get a U.S. visa or entry document, is to request asylum at the U.S. border or at an entry port during a flight layover. However, this comes with a great risk that you could be placed into detention or denied based on having passed through a safe third country. For details, see Requesting Asylum at U.S. Border? What to Expect at Credible Fear Interview.
Refugee classification is a long process, but you will have access to plenty of support if you are eventually successful. You will be matched with agencies that can give you support, including arranging for your transportation to the United States, and finding you a place to stay at first. Once you have arrived in the U.S., they will line you up with low-cost housing, employment options, access to English language classes, and a cultural orientation.
Asylees do not receive any of these benefits ahead of time. Applying for asylum after you have arrived in the U.S. might get you to the country faster, but you must have the financial means to arrange transport, and you risk being sent back to your home country if you are denied. Only after approval do you start to receive significant support, as described in Rights and Available Benefits After a Grant of Asylum.
]]>The membership in a “particular social group” (“PSG”) category is the most difficult of the five grounds to define, and is the subject of many legal arguments. Here, we'll discuss:
Different U.S. Asylum Officers and Immigration Judges view the "PSG" concept in various ways. However, a PSG is generally understood as an identifiable group of people viewed by their government or the persecutor as a threat. It is also often described as a group sharing a common characteristic that is so fundamental to their individual identities that the members cannot—or should not be expected to—change it. (See, for example, Matter of Acosta, 19 I&N Dec. 211, 233-34 (B.I.A. 1985).)
Another way that the U.S. government commonly expresses this definition is that the group is:
Broadly speaking, a PSG is normally composed of persons who have a similar background, social status, lineage, experiences, or habits. The shared, immutable characteristic might be something the person was born with (such as gender, color, clan, ancestry, or family ties), or it might be a shared experience in their past (such as former property ownership, widowhood, or former gang or military conscription).
PSG affiliation doesn't need to be voluntary, as in a group that they actually, officially joined. Members don't even have to know each other. Then again, membership can be voluntary, as with women who refuse to comply with gender-specific laws on what they must wear.
There's no size minimum or limit on a PSG, but extremely narrow or broad definitions are unlikely to succeed. After all, most societies don't actively persecute groups of just a few people; and it's rare (but not unheard of) to see persecution of the majority of a country's citizens.
PSGs that have frequently been recognized by the U.S. government include tribes or ethnic groups, social classes (such as educated elites), family members of dissidents, occupational groups, LGBTI persons or those perceived as such (lesbian, gay, bisexual, transgender, and intersex), child soldiers, members or former members of the police or military (who might be targeted for assassination), and, in some cases, disabled persons and women.
What if your home government mistakenly views you as a member of a PSG and persecuted you because of that? You could still claim asylum on that basis, even if you are not actually a member of a PSG.
In relatively recent years, the U.S. government began to recognize persecution based on gender as a PSG. This allowed women to gain asylum based on having undergone (or fearing that they'll be forced to undergo) cultural practices such as female genital cutting/mutilation, Islamic dress code requirements, forced marriage, or domestic violence.
(In 2018, then-Attorney General Jeff Sessions, a Trump appointee, took steps to undermine the possibility of asylum based on domestic violence in a case called Matter of A-B.; however, the Biden Administration later overruled this decision.)
A group is more likely to be considered a PSG if it is perceived as a unique collection of people in its own society, and if its unique defining trait is not merely subjective. For example, while members of “poor” or “rich” classes might be easily perceived as such, that trait cannot be objectively defined. Therefore, it would be hard to prove the existence of a PSG based solely on that trait.
On the flip side, a group of women who are rape victims of militants in their home country is objectively definable, but such women are not easily identified as such by others in their home country. Hence, they are also unlikely to form a PSG. On the other hand, owning one’s own business in a socialist country that forbids private commerce is both easily observable to others, and objectively defined. Therefore, that might constitute a PSG.
Note that what is a PSG in one country, for purposes of asylum, might not be a PSG in another country. For example, married women who are abused by their partners in El Salvador, cannot leave those relationships, and cannot obtain help from the police have been found to form a PSG, whereas married women in Canada who are in abusive relationships are not a PSG. That is because different legal protections and different cultural expectations allow for very different treatment of such women in those two countries.
Because the PSG category is poorly defined, you might be able to create new arguments of why you should be considered a member of a new PSG. If that is what you'll need to do, definitely seek the help of an attorney.
Because it can be hard to predict whether your claim will fit within the definition of a PSG, if possible, you should argue that you should also be granted asylum based on your persecution on account of another protected ground. This might be, for example, based on your religion or political opinion. You aren't limited to choosing just one. Basing your asylum application on your persecution on account of more than one ground, if warranted, can significantly increase your chances of winning asylum.
An experienced immigration attorney can be hugely helpful in analyzing and preparing an asylum case. The attorney can, for example, gather supporting documents from independent sources, link you up with medical professionals (to confirm whether you experienced something like rape, torture, or genital mutilation), evaluate the strength of your asylum claim and basis for persecution, draft affidavits, prepare witnesses, prepare legal arguments, and accompany you to in-person interviews or court hearings.
If you're low-income, also see How to Get a Lawyer to Represent You Pro Bono (Free) in Immigration Court Removal Proceedings.
]]>This article discusses the concept of “race,” the forms of racial “persecution” that trigger protection, and the proofs that might be needed in order to apply for U.S. asylum or refugee status.
The notion of “race” is difficult to define. It is a scientifically obsolete social concept that divides people according to broad and somewhat arbitrary lines of ancestry, geographic origins, and/or other similar attributes, as often inferred from people’s apparent physical traits (such as skin color, hair texture, facial features, and body size or shape).
Race occasionally overlaps with more distinct group identities (such as nationality or ethnicity), which themselves can provide alternative grounds for asylum or refugee status. However, perhaps more often than not, racial categories tend to combine various cultural groups into larger identities—be they defined by the groups themselves or (as in most cases) by other people.
Common examples of “races” might include, for example, “black” people of Sub-Saharan African descent, “white” people of European descent, Native Americans (indigenous peoples of the Americas), and many other continental and sub-continental groups.
Whatever your personal situation and background, if you are claiming persecution on the basis of race, you should focus not on establishing the objective existence of your or your persecutor’s race, but rather on demonstrating your persecutor’s subjective belief in the existence of your supposed race—whether mistaken or not.
The word “persecution” broadly refers to serious threats or infliction of physical, psychological, or economic harm by one’s own government or by groups whom the government is either unwilling or unable to control.
Accordingly, racial persecution can occur when such harm is aimed at an individual mainly on the basis of perceived membership in a racial group. For example: If, as a member of an African tribe in Darfur, you survived an attack by the Janjaweed (an Arab militia that was accused of perpetrating genocide against members of your group), then you could likely qualify for race-based asylum or refugee protection in the United States.
In addition, you can claim racial persecution even when you have not been individually targeted, if your home society’s norms or laws create a climate of racial discrimination so severe that it threatens or violates basic principles of human rights or human dignity.
For example, if members of your group have been denied basic rights of citizenship in your home country because of their race (as South Africa’s black population was during the country’s apartheid era), then you may, in principle, qualify for asylum or refugee status in the United States. (Note, however, that, in practice, immigration judges and officers might expect you to show that the racist climate has had an especially harsh negative personal impact on you.)
Similarly, if you and your romantic partner have not been allowed to marry in your country because of laws against “mixed-race” relationships, you might also qualify for protection.
Finally, note that, although racial minorities might be more vulnerable to racial persecution (as in the case of persons of Jewish descent in Nazi Germany), the reverse is sometimes true. Indeed, as was the case during apartheid in South Africa, racial minorities sometimes dominate (and can therefore persecute) racial majorities.
Proving that a person was perceived as belonging to a particular race will be easy in some cases (especially when the person’s race can be readily identified based on physical traits). In other cases, applicants for asylum or refugee status should highlight the language used to refer to their perceived group in their home society, and describe the group’s history in sufficient detail.
Ideally, applicants should be able to find evidence of both the existence of their particular racial category and the existence of racial persecution against their group documented in news media articles and country reports (such as, for example, the U.S. State Department’s Country Reports on Human Rights Practices). However, when such documents are unavailable, applicants can still move forward with their case, and should focus on providing detailed testimony on their specific experiences and risks of persecution (with the assistance of witnesses, if possible).
Ultimately, applicants will need to make sure that they establish the required causal link (or “nexus”) between their perceived race and their persecution—meaning they will need to prove that the former is the main cause (or one of the main causes) for the latter. For example: If, as an indigenous citizen of Guatemala, you have been repeatedly shaken down and beaten up by corrupt local police officers who, in the process, have also called you racist epithets, then you might have to prove—among other things—that the racial abuse you suffered was not simply incidental.
An experienced immigration attorney could help you spot and address potential strong points as well as difficulties in your application for asylum. The attorney can be helpful in gathering supporting documents from independent sources, linking you up with medical professionals, drafting witness affidavits, preparing witnesses to testify in person, and accompanying you to in-person interviews or immigration court hearings. Also see How to Get a Lawyer to Represent You Pro Bono (Free) in Immigration Court Removal Proceedings.
]]>A derivative spouse might also be able to apply for LPR status after a divorce—with the help of an attorney, to file a separate application for asylum (USCIS Form I-589) and have it approved retroactively, or in legal jargon, “nunc pro tunc.” Only after that nunc pro tunc application is approved can the divorced spouse of an asylee submit an adjustment of status application.
Here, we'll discuss when and how an asylee can successfully submit this application to U.S. Citizenship and Immigration Services (USCIS) and why it is important to apply for permanent residence as soon as possible.
The one-year period is measured from the date when you got your final approval of asylum (for example, the date on your notification from the Asylum Office, or the date when an immigration judge before whom you appeared for a hearing signed the order granting you asylum).
Although asylees are not required to apply for LPR status to continue to live and work in the United States, it is in their interest to do so as soon as they become eligible. This will allow them to obtain benefits that are not available to asylees. For starters, you must first obtain LPR status if you intend to become a naturalized U.S. citizen in the future.
Moreover, your asylee status (and your right to remain in the United States) is not an entirely secure one. It could be revoked (taken away) by the U.S. government if:
When you apply for your green card, you must continue to meet the definition of an asylee (or continue to be the spouse or child of such asylee). USCIS might question whether you are still an asylee in certain circumstances. That is, you must still fear persecution from your home country on account of a protected ground. For a detailed discussion, see Asylum or Refugee Status: Who Is Eligible?.
In addition to living in the U.S. for one year after you obtained asylum, you must continue to be “admissible” to the United States. The “inadmissibility” grounds include certain types of contagious diseases, criminal convictions, drug abuse, prior immigration law violations, and involvement in terrorism.
However, waivers of inadmissibility (legal forgiveness) are available in some instances. To apply for a waiver, you would file USCIS Form I-602, Application by Refugee for Waiver of Grounds of Excludability, along with your adjustment application. For more on inadmissibility and how to apply for a waiver, see Inadmissibility: When the U.S. Can Keep You Out.
Note that U.S. immigration law automatically forgives certain violations of immigration laws for people granted asylum (violations which would make other types of applicants inadmissible). Important items on this list include having entered the United States illegally or with false documents. Also, the “public charge” inadmissibility ground does not apply to asylees. So, you can still get a green card if you have been receiving food stamps, free medical care, or other public benefits.
Because you must show that you continue to need protection in the United States, you should not travel abroad for any significant amount of time after being granted asylum. You should absolutely avoid visiting your home country before you are granted LPR status. Otherwise, USCIS will assume that you do not need asylum protection anymore, since you freely returned to the country that supposedly persecuted you.
Also, if you have spent a significant portion of your time in asylee status in a third country, USCIS might consider you to have firmly resettled there. If you have received a grant of permanent residence, citizenship, or another residency benefit from a nation other than the United States or your country of origin, you will not qualify for a U.S. green card.
If you need to travel outside the U.S. before you have a green card, you must file Form-131, Application for Travel Document, before you leave the United States. To learn more, see If You Travel or Move While Awaiting Your Adjustment of Status Interview.
If you think that you might have issues with any of the requirements listed above, consult an immigration attorney.
To apply for a U.S. green card, you must mail Form I-485, Application to Register Permanent Residence or to Adjust Status, to USCIS along with the appropriate fees. Download this form for free from the I-485 page of the USCIS website. When filling in the answers, double check the information you provided on your asylum application (Form I-589). If you create any seeming inconsistences, USCIS could accuse you of lying, and strip you of immigration status.
You must include the following supporting documents with your I-485:
You'll need to pay an application fee, the amount of which you'll find on USCIS's Fee Schedule.
Make sure that each document in a foreign language includes a complete translation into English, as described in Translating Non-English Documents for Immigration Applications.
Also note that, unlike many other green-card applicants, asylees and refugees are not subject to the public charge ground of inadmissibility (see Section 209(c) of the Immigration and Nationality Act or I.N.A.) and thus do not need a financial sponsor in the United States. So, you can leave Form I-864 and the Form I-944 | Declaration of Self-Sufficiency out of your adjustment of status application.
Your spouse and children must have been in the United States for at least one year after they were granted derivative asylum before they can apply for green cards. That is, if you were granted asylum in January 2022, and your family arrived here as derivative asylees in January 2023, they will be eligible for their green cards in January 2024.
You must prepare a separate Form I-485 (with filing fee and supporting documents as listed above) for each family member. You may submit complete applications for several applicants in the same mailing package. In addition, you must submit:
Or, your derivative family members can apply for green cards on their own, even if the primary asylee waits to do so. The important thing will be to include a copy of the asylum approval notice with the application.
Some months after filing, you will receive a written notice to go to an Application Support Center for your biometrics appointment, where you will have your fingerprints, photograph, and signature taken. USCIS will run a background check on you using that information. For more information, see What to Expect at a Biometrics Appointment. You must go to your biometrics appointment and any interviews required by USCIS, or your application might be denied.
Most asylee adjustment applications do not require an in-person interview. Nevertheless, you might, some months later, be called in for one at your local USCIS office if there are questions regarding your application or your eligibility. If you are applying along with dependents (your spouse and/or children, who received asylum through your application) they are more likely to be called in for an interview.
If preparing for an interview, make sure to bring originals of all the documents submitted with your adjustment application and their official English translations. Also, bring a foreign language interpreter if you are not fluent in English.
Also realize that the interviewer might ask you about your original asylum claim. Read over your application again, to remind yourself of the details.
Soon after the interview, you will receive a written decision on your adjustment application.
More information about the adjustment of status process can be found at www.uscis.gov. You might also be interested in How to Find a Good Immigration Lawyer For Your Case.
]]>The harm must be serious enough to be considered persecution, and the persecution or fear must be directly tied to at least one of five grounds mentioned in the U.S. Immigration and Nationality Act: race, religion, nationality, membership in a particular social group, or political opinion. When making your claim you can argue that your persecution is tied to more than one ground.
This article will discuss whether your “political opinion” could, realistically, be among those grounds.
Political opinion is more than just what political party you support, though this might be a reason why you were persecuted or fear persecution. If you are a member of a political party and the persecutor is a member of a different political party, you can argue that the persecution you suffered or fear is on account of your political opinion.
Political opinion can also take other forms, however, such as:
The next step after deciding whether your political opinion might have been among the reasons you were persecuted is to figure out how you are going to prove that, as discussed next.
Requesting asylum in the United States involves much more than filling out Form I-589 and saying, “I was persecuted.” When you put together the paperwork for your asylum claim, and eventually present your live testimony, it is very important to recall the details of the events that happened to you—either the past persecution or the things that happened to make you fear future persecution. Details should include things like names, dates, and full descriptions of the events leading up to and including your persecution.
Whether you file your asylum claim affirmatively with U.S. Citizenship and Immigration Services (USCIS) or defensively with the Immigration Court, you will have to provide evidence to demonstrate your claim. For example, someone claiming persecution based on union membership could present their union card, affidavits from fellow union members who faced persecution, statements from scholars or experts who know about your country's persecution of union members, reports from human rights observers as to the type of persecution taking place in your country, and so on. (See Preparing Persuasive Documents for Your Asylum Application.)
The I-589 application for asylum gives you space to explain your claim and prompts you to provide written details and records about what you experienced.
Once at the asylum interview or at your immigration court hearing, you will provide oral testimony corroborating the information on the application, and be given the opportunity to expand on your account of being persecuted based on your political opinion in detail. Before presenting this oral testimony, the asylum officer or judge will ask you to raise your right hand and take an oath, swearing that your testimony will be true and correct to the best of your knowledge.
Of course, you will still need to convince the asylum officer or immigration judge that what you claimed happened to you really happened to you. Throughout your testimony, the asylum officer or judge will be assessing your “credibility”—that is, whether you can be counted on to tell the truth. Some people present cases that are mostly fake, as USCIS knows and keeps watch for. (See How USCIS Spots Fraud in an Asylum Application.)
The best way to demonstrate your credibility is to provide clear, consistent details about your claim. If you say that you are a political activist with the CYZ party, for example, you must know the details about the CYZ party and the details about what happened to you in your country.
Asylum law is complicated and compiling a winning case difficult. It is a good idea to hire an immigration attorney experienced in asylum and refugee law for help in preparing and presenting your case.
]]>Let's take a closer look at each of these various bars to asylum or refugee status. (Also see the relevant federal law at I.N.A. 208(a)(2).)
The U.S. government will deny an application for refugee or asylum status if the person has ordered, incited, assisted, or participated in the persecution of any other person because of that person's race, religion, nationality, membership in a particular social group, or political opinion.
For example, this rule has been used to deny refugee status to military or police officials who assisted in persecuting minority or guerrilla groups—even though these people might realistically fear for their life because members of these groups are seeking revenge against them. But U.S. and international law are not meant to protect persecutors, torturers, and their like.
Crimes and security or safety concerns are major bars to asylum seekers and refugee applicants.
Any applicant who has been convicted of a "particularly serious crime" and is therefore a danger to the community of the United States will not be granted asylum or refugee status.
For starters, all "aggravated felonies" are considered particularly serious crimes—and U.S. immigration laws strictly define what is an aggravated felony, such that some crimes that might have been called misdemeanors at the time of prosecution will be looked upon as aggravated felonies.
In addition, new rules put forth under the Trump Administration specified other types of criminal activity that are considered serious enough to bar a non-citizen from seeking asylum. (In the past, this matter was considered case-by-case.) Various nonprofits sued to block the new rules, and a court then put them on hold while awaiting the outcome of the litigation. (See Pangea Legal Services et al., v. DHS, et al., 11/19/20.) If the rules eventually survive the lawsuits (which were ongoing as of mid-2023), the new list will include:
Also, no person who has been convicted of a serious nonpolitical crime in a country outside the United States will be granted asylum or refugee status. However, people whose crimes were not serious or political in nature might still qualify. If, for example, you were arrested for taking part in a protest or uprising, this could actually help, not hurt your asylum claim—but consult with an experienced immigration attorney before you apply.
As for safety security violations, no person who has been involved in terrorist activity—or who can reasonably be regarded as a threat to U.S. security—will be granted asylum or refugee status. This bar was also expanded under the Trump Administration. A final rule issued in December, 2020 says that applicants can be found ineligible not only for asylum, but for withholding of removal, based on emergency public health concerns generated by a communicable disease.
People who have fled their home country, but then become "firmly resettled" in another country will also be denied asylum or refugee status. This means that the person has applied for protection in the U.S. but has also:
A person who has previously applied for asylum in the United States is not eligible to do so again if their previous asylum application was denied. This rule does not apply, however, if you are applying for asylum again because the situation in your home country has changed so much that it affects your eligibility for asylum.
A person who applies for asylum more than one year after entering the United States is barred from receiving asylum, whether they apply on their own ("affirmatively") or in removal (deportation) proceedings in immigration court.
Exceptions to this rule apply, however. If you are applying for asylum because the situation in your home country has changed so much that it affects your eligibility for asylum or if “extraordinary circumstances” prevented you from filing within one year, then you might qualify for such an exception. For more about this bar, take a look at Can I Still Apply for Asylum After the One-Year Filing Deadline?
A person who travels through a “safe third country” must apply for asylum in that country before applying for asylum in the United States. Despite its name, “safe third country" actually means a country that the United States has a formal agreement with (called a “treaty”), and that has complete asylum procedures, and where you would not be at risk of harm. In the past, the only country that met these qualifications was Canada.
However, the Trump administration expanded this, by creating a new regulation according to which travel through any third country that offered protection would be a bar to asylum if the person didn't apply for it and receive a denial. This particularly affected people who passed through Mexico on the way to the United States. The new regulation gave rise to multiple lawsuits and court injunctions, but then the Biden Administration introduced another new set of regulations that has much the same effect. Lawsuits are underway as of mid-2023. Speak with an attorney for the latest.
For more information on U.S. immigration laws, including asylum and refugee status, see articles on Asylum & Refugee Status and the book U.S. Immigration Made Easy, by Ilona Bray (Nolo).
]]>Here, we'll provide both some reassurance and some cautions.
While your asylum application is pending before an immigration judge or the Board of Immigration Appeals (B.I.A.), you are automatically authorized to remain in the United States while you wait for a decision. You do not need to file any extra paperwork in order to prevent your deportation. Depending on timing, you might also qualify to apply for a work permit (employment authorization document or EAD).
If the B.I.A. denies your appeal and orders your removal, you are immediately subject to deportation. Although you have 30 days to file an appeal (called a petition for review) with the U.S. Court of Appeals, you may be deported from the United States during that 30-day period. It is, therefore, very important to file the petition for review with the federal Court of Appeals serving your region as soon as possible after the B.I.A. denies your appeal.
Once you have filed the petition for review with the Court of Appeals, you could still be deported at any time while that appeal is pending, unless you have also successfully requested what's called a “stay of removal.”
The difficulty here is that it might not be in your best interest to seek a stay of removal right after filing a petition for review. Doing so can sometimes negatively affect you, such as by prompting the government to arrest you. It is, therefore, a good idea to work with an attorney to decide when to file a request for a stay of removal from the Court of Appeals.
In deciding whether to grant your request for a stay of removal, the Court of Appeals will consider various factors, such as whether the government opposes your request, whether you are likely to succeed on your asylum appeal, the hardship you would suffer if the stay were not granted, and whether the government or the public would suffer any hardship if you were to remain in the United States while your appeal is pending.
If you are in removal proceedings and wish to avoid deportation, it is best to contact an licensed, competent, and experienced immigration attorney as soon as possible to discuss your potential options. The attorney can analyze the strength of your asylum case, gather documents and paperwork, draft legal arguments on your behalf, prepare any witnesses, appear with you in immigration court for your hearings, and strategize next steps after a denial.
]]>To succeed in showing that your lateness in applying for asylum should be excused based on extraordinary circumstances, whether you are applying for asylum affirmatively with U.S. Citizenship and Immigration Services (USCIS) or requesting asylum as a form of relief from deportation in immigration court, you'll need to show that:
It will be important to not only have a convincing-sounding reason, but to include clear and convincing evidence proving to the immigration decision-makers that you deserve this exception to the one-year asylum filing deadline.
What type of extraordinary circumstances might have reasonably prevented you from filing on time? Common examples of extraordinary circumstances include:
These are not the only examples of the types of situations that can be used to prove that you meet an exception to the asylum filing deadline. If you have a unique and reasonable excuse that's not on this list, you can present it.
As with any evidence you submit to USCIS or the immigration court, you should make sure that you provide complete, clear, and convincing documentation, including a certified English translation of any documents in other languages.
For example, documents from a medical office or a government agency should be on official stationery or letterhead and should be signed and dated. Official reports and printouts from websites should include the full website address or citation and you should provide a statement explaining the reason why you are submitting this information along with your asylum application.
Sworn affidavits from friends, family members, or community leaders should include their full address, contact information, and date of birth.
Obtaining asylum is challenging enough without also having to argue that your lateness should be overlooked. Your best bet is to consult with an experienced immigration attorney, who can ensure that your evidence is thorough, well-researched, and specifically tailored to your individual situation.
]]>The United States and Canada have an agreement governing situations like this, called a Safe Third Country Agreement. We'll describe its basic provisions here, and whether it might help someone who can no longer apply for asylum in the United States.
This agreement provides that migrants must apply for asylum in whichever of the two countries they arrive in first, either the United States or Canada. So the short answer is "No," one cannot give up on the U.S. asylum system and head for Canada to apply.
There are, however, many exceptions to this agreement, including for:
Such persons might be exempt from the Safe Third Country Agreement and be allowed to seek asylum in Canada.
Before determining that the U.S application route is impossible, you might want to investigate whether you fall into an exception allowing for a late application for U.S. asylum, as described in Can I Still Apply for Asylum After the One-Year Filing Deadline?
In brief, you would need to show that a changed circumstance, either in your personal life or in conditions in the U.S. or in your home country, led to your eligibility for asylum, and that you filed within a reasonable time after the circumstance occurred or after you learned of it.
Consider consulting with at least one experienced immigration attorney—perhaps one in the U.S. as well as one in Canada—before deciding how to proceed, and to learn the latest with regard to the Safe Third Country Agreement. Once you leave the United States, you could be subject to a three- or ten-year bar on reentering, depending on how long you have been in the U.S. without lawful immigration status. Also see How to Get a Lawyer to Represent You Pro Bono (Free) in Immigration Court Removal Proceedings (which contains tips for immigrants who aren't in deportation proceedings, as well).
]]>This article describes how refugees can become eligible for referrals to USRAP, where they can request such referrals, and what alternatives they should consider before embarking on this possible route to the United States.
To qualify for a referral to USRAP (a mechanism you might also hear referred to as “Priority 1”), you must meet three conditions:
First of all, you must appear to be a refugee—which in most but not all cases means you have left your home country and cannot or do not want to return because of past persecution or the danger of future persecution on one of five designated grounds. Note that fleeing a natural disaster or generalized strife will not qualify you as a refugee.
If, like most refugees, you have fled to another country, then chances are you have found (or been directed to) local staff of the U.N. High Commissioner for Refugees (UNHCR), and have officially registered your refugee status. If this has not happened, then contact a UNHCR Field Office as soon as possible.
Registering in advance should help you more quickly prove your refugee status; however, you can always try to prove it by other means at the time of your referral request.
If you are still in your home country, then you could be considered a refugee only in exceptional circumstances (for example, if a U.S. ambassador refers you personally, or if the President of the United States allows refugee processing for persons in your specific circumstances).
The second condition to qualify for a referral to USRAP is that you are truly in need of resettlement. This is assumed not to be the case for most refugees, since the vast majority are expected eventually to return home (often with the assistance of UNHCR). Even those who cannot safely return home usually find a way to stay permanently in their first country of refuge.
Only as a last resort, when neither of these two options seems viable, can USRAP make a resettlement referral. Resettlement is most likely to be the only viable option for:
The third condition to qualify for a referral to USRAP is that there are no apparent bars to your admission as a refugee in the United States under U.S. law. Typical grounds of inadmissibility include commission of crimes, presenting a threat to U.S. security, and the like.
If you believe you meet the three conditions above, then you might be able to prove it by giving a credible account of your circumstances and background. However, you should do your best to obtain traceable documents (including letters) that confirm your story.
Whatever happens, tell the truth! Do not try to embellish your case, or this might catch up with you later.
The best way to request a referral is to contact your local UNHCR office, preferably in writing, in order to describe and document your eligibility (as explained above). You should be able to get a response in a matter of weeks, unless your case presents a genuine emergency.
If your case seems persuasive enough at this early stage, UNHCR should schedule you for further screening (including one or more interviews with its staff).
Although the United States receives more than half of all UNHCR referrals, this agency could also determine that you need to be resettled in a different country. Your preference for the U.S. will count as only one factor in its country selection. (Other factors include, for example, family ties and language.)
If you lack easy access to a UNHCR office (perhaps either because you live in a remote area, or you live in an area with an overwhelming concentration of refugees) but you have access to a nongovernmental organization (NGO) that provides assistance to refugees in your area, then you could also ask the NGO staff whether they have been authorized to make referrals to USRAP. This typically means that they have been trained, funded, and approved by the U.S. government for that purpose.
This option is rarely available (most often in urgent cases), but if it is offered to you, then expect your case to be processed with a narrower focus on the United States as your destination.
In an even smaller number of cases (often only those of individuals personally known by U.S. diplomats, such as high profile figures and current or previous employees of a U.S. embassy or consulate), applicants might be able to obtain a referral from the local U.S. embassy or consulate.
Obtaining a referral is only the beginning of the long and complicated process of seeking admission as a refugee in the United States (or elsewhere). The rest of that process is likely to last several months if not years (except in emergency cases) and bears no guarantee of success.
For one thing, the number of people who desire and are eligible for resettlement in the United States is likely to outnumber the limited number of slots available for refugee admission (and this number goes up or down year by year). In addition, even though UNHCR has a decent record of getting its referrals accepted, the final admission decision can be made only by the U.S. Department of Homeland Security (DHS).
Therefore, if you believe that you might also qualify for immigrating to the United States on some other grounds (especially if you have relatives in the country), then you might want to consider those alternatives first.
Note further that there exist two alternative resettlement categories for refugees (called Priorities 2 and 3), neither of which requires a referral. However, these categories are limited to specially designated groups and nationalities.
]]>By the same token, any indication that the asylum applicant is lying or fabricating even minor portions of their claim puts the whole story into doubt, and greatly increases the chance of the U.S. government denying their claim.
Fraud is taken very seriously by the asylum decision makers, namely the officials at U.S. Citizenship and Immigration Services (USCIS) and (where the applicant is already in removal proceedings) the Executive Office of Immigration Review (EOIR). At the least, a fraud finding by USCIS will result in a denial of the person's affirmative asylum application, which (unless the person has some other right to remain in the U.S.) will automatically put the applicant into removal (deportation) proceedings before an Immigration Judge at the EOIR.
Also, if any material element of someone’s asylum claim appears to have been knowingly, deliberately fabricated, and the person can’t account for the related discrepancies or implausibility, that person’s claim may be found frivolous. (See 8 C.F.R. § 1208.20 and Section 208(d)(6) of the Immigration and Nationality Act or I.N.A.) After such a finding, the person will be permanently ineligible for any U.S. immigration benefits, whether asylum, a visa, or something else.
Fortunately, not everyone who is denied asylum is considered to have committed fraud. Some applicants might tell a truthful story, but one that simply fails to meet the qualifications for asylum. Or, some applicants’ stories might contain minor discrepancies that don’t appear to be outright or deliberate lies, but that undercut their overall credibility and perhaps lead to a denial.
If USCIS denies an applicant’s asylum request, but the person has some other valid status in the U.S. to fall back on, such as a student or work visa, it's possible the person will be able to keep that status and remain in the United States.
The USCIS officer reviewing the case is, however, expected to refer any instances of fraud to Immigration and Customs Enforcement (ICE). That agency will then follow up and investigate the matter further. If it believes the applicant to have committed fraud, it can place the person into removal proceedings and strip them of their alternative immigration status.
USCIS’s first opportunity to ferret out fraud usually occurs when reviewing the Form I-589 and supporting documents that an applicant submits in order to request asylum. The reviewing officer will look for such things as:
These aren’t the only ways in which USCIS might spot fraud, of course, but they are ones that USCIS will consciously and systematically look for.
Everyone who applies for asylum in the United States must appear for an in-person interview before an officer of USCIS; and if the officer doesn’t grant asylum, again before an Immigration Judge. The officer or judge will listen, ask questions, and seek to hear the person’s complete story before making a decision on the case.
Again, consistency, plausibility, and the basic coherence of the story are key. But the decision maker may also look at the person’s behavior for signs of fraud, watching for such things as:
If you’re planning to apply for asylum in the U.S., stay away from any lawyer, notario, or other person who advises you to commit fraud in the course of doing so. (Also see Applying for U.S. Asylum: How Much Will It Cost?.)
But do make sure you understand the grounds for asylum eligibility, and do your best to submit and document a claim that will meet the legal requirements.
An experienced immigration attorney is the best resource for help with the process of preparing a convincing asylum case without feeling the need to lie. Many nonprofit organizations will help you find free or low-cost legal help with an asylum case.
]]>Not everyone qualifies for asylum or refugee status, of course. Applicants must meet strict requirements, as described in this article. In particular, you would need to show two things:
Let's look more closely at the relevant requirements.
To persecute means to harass, punish, injure, oppress, or otherwise cause someone to suffer physical or psychological harm.
U.S. immigration law does not list specific examples of the kinds of persecution that would qualify someone for asylum or refugee status. However, from the law that has been developed through court cases, we know that it can include such acts as threats, violence, torture, inappropriate imprisonment, or denial of basic human rights or freedoms.
Historically, for example, the need for asylum or refugee status has been recognized in situations where a foreign government has:
Even if a foreign government stands by while someone else commits acts of persecution (for example, if the authorities are unwilling or unable to exercise control while members of a vigilante squad gang up on gays and lesbians or while members of a guerilla group threaten or kidnap people who won't voluntarily join them), this too can qualify as persecution, which would support a claim for asylum or refugee status.
There is one type of persecution that is actually listed in the law: Being forced to undergo (or the fear of being forced to undergo) a program of "coercive population control." (See I.N.A. § 101(a)(42)(B).) This is aimed at victims of the kind of forced abortion and sterilization that takes place in mainland China.
Again, remember that the persecution must be connected to one of five grounds—race, religion, nationality, membership in a social group, or political opinion—discussed in more detail below. For example, violence directed against gays and lesbians is recognized as persecution connected to membership in a social group. But violence against an individual who happens to have angered a local criminal does not have the necessary connection to one of the five grounds, so the victim wouldn't be eligible for asylum or refugee status from the U.S. government.
In recent years, the U.S. government recognized persecution based on gender (usually based on the "particular social group" category). This allowed some women to gain asylum based on having undergone (or fearing they'll be forced to undergo) cultural practices such as female genital cutting, forced marriage, or domestic violence. However, under the Trump Administration, this recognition was significantly rolled back.
Also remember that your fear of future persecution must be "well-founded." In other words, you will want to show that you have at least a one in ten chance of experiencing the feared harm. (See INS v. Cardoza Fonseca, 480 U.S. 421, 107 S.Ct. 1207 (1987).)
Given the overlap between the legal definition of a refugee and asylee, who should seek asylum status, and who should seek refugee status? It's simply a matter of where you are when you apply.
People outside of the U.S. must apply for refugee status, typically through the U.N. High Commission for Refugees. (They cannot specify that they'd like to go the U.S. or any particular country, however.) An annual limit is placed on total approvals, by the U.S. President. That number went to record lows during the Trump Administration (15,000 per year), though the Biden Administration raised it to 125,000 for fiscal years 2023 and 2024.
People who have already made it to the U.S. interior (perhaps by using a visa or by entering illegally) can apply "affirmatively" for asylum status. They'll need to do so within one year of arrival (with some exceptions, such as for changed circumstances).
In theory, people who arrive at a U.S. border can also request asylum. However, doing so has became much more difficult in recent years, owing to ever-changing policies such as "Remain in Mexico." Also see Requesting Asylum at U.S. Border? What to Expect at Credible Fear Interview.
As mentioned above, the U.S. government grants asylum or refugee status to a person who has suffered or fears persecution that's based on one of only five grounds. The first three grounds—race, religion, and nationality—are fairly self-explanatory. Let's look at the remaining two—political opinion and membership in a particular social group.
Political opinion. Persecution of this kind means you hold opinions that the authorities don't tolerate, most likely critical of the government's policies or methods. Of course, you would need to show that the authorities know about your opinions—otherwise, they'd have no reason to come after you. It will help if you have, for example, spoken in public, written publicly about your criticisms, or taken part in antigovernment protests. People have proven persecution for political opinion based on having taken part in student demonstrations, been active in labor unions, advocated independence for a particular ethnic group, or joined an opposition political party.
You can also qualify for asylum or refugee status based on political opinion if the authorities mistakenly assume that you hold certain opinions, perhaps based on some other personal characteristic like your religion or family group. (This is called "imputed political opinion.")
Membership in a particular social group. This category is the most difficult of the five to define and is the subject of many legal arguments. A social group is described as a group sharing a common characteristic that is so fundamental to their individual identities that the members cannot—or should not be expected to—change it, the group has distinct boundaries for membership, and the group is recognized within society as a distinct entity.
Examples of particular social groups whose members have been accepted as asylees or refugees by the U.S. government include tribes or ethnic groups, social classes (such as educated elite), family members of dissidents, occupational groups, homosexuals, and members or former members of the police or military (who may be targeted for assassination).
If you are applying for asylum based on your membership in a particular social group, be aware that the laws governing membership in a particular social group are subject to change. Under the Trump administration, many groups that were previously considered particular social groups no longer qualified, and it remains to be seen where the law will settle in future years.
Even if you think you're eligible for asylum in the United States—that is, you are located there at the moment, and you've experienced persecution based on one of the five legal grounds—you still need to prepare an application, which is due within one year of your arrival (with some exceptions).
You will also need to supplement your application with evidence proving your claim. You can use your own testimony, statements by witnesses, newspaper and other reports discussing your case or the human rights situation in your country, expert witness statements, and more. See Preparing Persuasive Documents for Your Asylum Application for details.
Although the U.S. government doesn't charge a fee to file the asylum application (Form I-589), there are other costs associated with the process, as described in Applying for U.S. Asylum: How Much Will It Cost?.
Also realize that you can meet the above criteria and still be refused, as explained in Bars to Receiving Asylum or Refugee Status. For in-depth information on asylum and refugee protections and all key immigration law issues, see U.S. Immigration Made Easy by Ilona Bray (Nolo).
Once people are granted either refugee or asylee status, they can in theory stay in the United States indefinitely. Asylees and refugees are given permission to work and are allowed to apply for a green card within one year of either entering the United States as a refugee or being approved for asylum. Nevertheless, asylee status can be revoked if conditions in the home country change such that it's safe for them to return.
Also see Rights and Available Benefits After a Grant of Asylum.
Determining eligibility and applying for asylum or refugee status isn't easy. Start by talking with an experienced attorney, if possible. Some nonprofit organizations will provide free or low-cost attorneys to low-income applicants. Or you can use Nolo's Lawyer Directory to find an experienced immigration attorney near you.
]]>The emphasis on the word “perceived” highlights the fact that people can become targets of political persecution not just for the opinions they actually hold, but also for opinions that their persecutors falsely attribute (or “impute”) to them, whether by mistake or otherwise.
This article discusses the different ways in which political opinions can be imputed, and how persecution on such a ground can be proven for purposes of applying for asylum.
“Political opinion” refers to a broad category of attitudes that people might have on matters that concern their state, their government, or their society. Such attitudes might be deliberately expressed through a variety of behaviors: for example voting, party membership, union membership, issue advocacy, or even everyday commentary on public affairs.
When not deliberately expressed, political opinions can nonetheless be inferred (rightly or wrongly) from people’s behavior, or even from their associations and personal characteristics. In fact, political opinions are sometimes wrongly inferred from accidental circumstances. Such imputed political opinions could form a basis for political persecution and thus asylum (see examples below).
(Also, for a broader look at common examples of political persecution, see Claiming Asylum Based on Persecution on Account of Political Opinion.)
Political opinions can be imputed to people on the basis of their oral and written statements, as well as other forms of expression, such as musical compositions or works of art. Although such expressions might not be clearly about politics, they can nonetheless be interpreted by others as political.
For example, a novelist could be persecuted for allegorically criticizing her country’s leaders in one of her books. A musician could be accused of playing “bourgeois” music in a communist country. Even if both insist that their works have been misinterpreted, the authorities' harsh response can indicate imputed political opinion.
In addition, political opinions can be imputed to people on the basis of other types of actions; even ones that are not meant to express anything at all. For example, under a totalitarian regime, a person could be persecuted simply because government agents falsely suspect him of being a dissident or even a spy, solely based on his unusual habits or lifestyle.
A political opinion can also be imputed to people based on who they associates with (or are associated with). That might include friends, colleagues, neighbors, family members, and members of the person's other social groups, or even mere acquaintances.
For example, a business owner could be persecuted for employing a political activist on staff, even if the latter’s functions involve no political matter. Likewise, a country’s government could target children of a prominent member of the opposition, even though the children themselves have never been involved in politics.
Political opinions can also be imputed to people based on their personal characteristics or background, including their race or region of origin.
For example, a country’s government could suspect members of an ethnic minority of sympathizing with rebel forces during a civil war, even if this suspicion is unfounded in some individual cases.
Finally, political opinions can be mistakenly imputed to people simply by accident. In a case of mistaken identity, for example, a person could be persecuted for simply sharing the same name as the government’s intended target. Or a village could be mistakenly thought to have provided support to guerrillas, and be persecuted on that basis.
“Persecution” broadly refers to serious threats or inflictions of physical, psychological, or economic harm by one’s own government or by groups whom one’s government is either unwilling or unable to control. Proving persecution for imputed political opinion requires showing a causal link between one’s persecution and the persecutor’s beliefs and perceptions. This can be difficult, especially when persecutors do not explicitly describe or announce the motivations behind their actions.
In such situations, victims should try to show that their case fits an established pattern of persecution against similarly situated persons in their home country. Evidence for this might be found in news media articles as well as reports by human rights organizations and government agencies; the U.S. State Department’s Country Reports on Human Rights Practices, for example. Also see Preparing Persuasive Documents for Your Asylum Application.
In particular, when an asylum applicant has not suffered past persecution but fears the possibility of being persecuted in the future based on a political opinion that might be imputed on the basis of associations or personal characteristics, the applicant will likely be expected to show that other persons who are similarly situated were targeted on the same ground in the past. Otherwise, immigration officers and judges might deem the person's asylum claim too speculative.
So, for example, if your father was persecuted as a political dissident in Guinea, but your mother and siblings still live there freely, then you could have a harder time establishing a well-founded fear of persecution by association with your father. By the same token, if other family members have been targeted, it would strengthen your case.
The assistance of an immigration attorney could significantly improve any asylum case’s chances of success. The attorney can help you highlight the most compelling portions of your claim, overcome any negative information, prepare the application and supporting documents indicating a pattern of persecution based on the same political opinion as has been imputed to you, help you prepare to testify, and appear with you, either at the Asylum Office or in Immigration Court.
Fortunately, asylum is an area where you'll find a lot of help from volunteer attorneys or nonprofit (charitable) organizations serving immigrants and refugees.
Unlike many other categories of applicants for immigration benefits, people seeking asylum in the U.S. are not barred by having made an illegal entry; for example, by having snuck across the U.S. border. Huge numbers of past asylum applicants found that entering the U.S. without permission was their only or best way to get to safety and flee the persecution they faced at home.
The language of the Immigration and Nationality Act says “any alien” can apply for asylum if “physically present in the United States . . . irrespective of such alien’s status.” (See I.N.A. Section 208(a).)
Before you have a chance to submit your asylum application, however, you are at risk of being placed into removal proceedings and ultimately being deported.
If you used false documents (such as a fake green card or visa or U.S. passport) or made false statements to a U.S. government official in order to gain entry into the United States, it should not be held against you when applying for asylum if your reason was connected to your flight from persecution. (See, for example, a court case called Mamouzian v. Ashcroft, 390 F.3d 1129, 1138 (9th Cir. 2004).)
This will be true for many asylum applicants, unless something changed after arrival in the U.S. (such as a regime change, or the person realizing that they are homosexual and would be persecuted upon return to the home country). In such a case, it would be virtually impossible to prove that they had no safe choice but to use fraud to enter the United States.
But even if your motivation for lying or using false documents at U.S. entry was to escape persecution, you will need to act carefully going forward. Be up front and honest about what you did when it comes time to apply for asylum or interact with U.S. immigration authorities. You will also need to stop using the false cards or documents for any purpose, such as working in the United States.
The issue here is that your asylum case will rest largely on your own word—your story of what happened to you in the country you fled, and why you are too afraid to go back. If the immigration judge can't trust your word—that is, if you have acted in a way that makes the judge deciding your asylum case believe you are not “credible,” then the judge might disbelieve everything else you claim regarding your need for asylum, or find that you don’t deserve asylum as a matter of discretion. In such a situation, the immigration judge is unlikely to grant your asylum case (which could lead to deportation).
One year after being granted asylum in the U.S., you can apply for permanent residence (often called a green card) via the procedure known as adjustment of status. You might also, however, have read things about how an illegal entry to the U.S. makes it so that people are not allowed to adjust status here (apply for a green card within the U.S.) but must instead travel to a U.S. consulate to finish the application. That creates a trap for many people, because the time they lived unlawfully in the U.S. makes them inadmissible after they leave. They might not be able to return for three or ten years, depending on the length of their unlawful U.S. stay.
Fortunately, when you apply for your green card as an asylee, illegal entry will not pose a problem. The Immigration and Nationality Act (I.N.A.) contains no requirement that asylees entered the U.S. lawfully in order to adjust status.
The main requirements for asylees seeking to adjust are that they have been physically present in the U.S. for at least one year after the grant of asylum, continue to meet the definition of a refugee, haven’t resettled in another country, and aren’t inadmissible. (See the federal regulations at 8 C.F.R. Section 1209.2.)
What’s more, U.S. immigration law specifically says that asylees are NOT subject to certain grounds of inadmissibility, including the one found at I.N.A. Section 209(7)(a), which requires other people applying for green cards to be in possession of either a “valid unexpired immigrant visa, reentry permit, border crossing identification card, or other valid entry document.” So, your lack of a valid visa does not make you, as an asylee, inadmissible (though we haven't solved the false document problem yet; more on that below).
A related concern arises, however, if you entered illegally and spent six months or more in the United States before applying for asylum, and then later traveled outside the United States (most likely on a Refugee Travel Document). There’s a chance your departure and return could trigger your becoming inadmissible under the so-called Three- and Ten-Year Time Bars. In that case, you would need to apply for a “waiver” (legal forgiveness) in order to successfully adjust status. Consult an experienced immigration attorney for more information on this.
Now, as to the issue of false documents when you apply for a green card. If you used a false document to enter the U.S., that, in fact, might subject you to inadmissibility at the green-card application stage. This can be overcome by applying for a “waiver” (legal forgiveness), but you’ll definitely want to get a lawyer’s help with this. Instances have even occurred where a person was granted asylum and a green card despite the use of false documents but later prosecuted by the U.S. government for this very act. Again, consult a lawyer for the latest on this issue.
A good attorney might improve your chances of obtaining asylum. The attorney can help you highlight the most compelling portions of your claim, overcome any negative information concerning your manner of entry, prepare the paperwork and supporting documents, help you prepare to testify, and appear with you, either at the Asylum Office or in Immigration Court.
Fortunately, asylum is an area where you'll find a lot of help from volunteer attorneys or nonprofit (charitable) organizations serving immigrants and refugees.
]]>This article discusses:
There is no exclusive definition of religion under U.S. law. Any such definition would risk running counter to the principle of religious freedom, by marginalizing worldviews that are in the minority. Instead, the term “religion” must be understood broadly to include not only traditional institutionalized religions like Hinduism, Judaism, Buddhism, Christianity, and Islam, but also any other newer or smaller systems of sincere beliefs or practices that play a similar role in the life of their adherents (whether or not associated with a God or gods).
This means that, if you belong to a religious minority in your home country (be it because of your unusual personal views on one or more religions, or because of your membership in a small or little-known religious sect), you should not hesitate to seek protection in the U.S. for the persecution you might suffer or have already suffered on account of the fact that your beliefs were not recognized by others in your home society. On the contrary, it is often for people in your position that religious asylum and refugee protections tend to be especially appropriate.
This does not mean, however, that sticking the label “religious” to just any set of beliefs or practices whatsoever would be acceptable. Rather, what the U.S. government recognizes as a religion will be determined on a case-by-case basis. So, if the religion you intend to base your asylum or refugee claim upon is not well known, it would probably be a good idea to try to highlight parallels between your beliefs or practices (or those of your persecutors) and those of more “established” religions.
Note: Sometimes religious identity overlaps with national and other group identities. In such cases, asylum or refugee status applicants may base their claim on more than one ground.
For purposes of U.S. asylum or refugee status, the word “persecution” generally refers to serious threats or inflictions of physical, psychological, or economic harm by one’s own government or by groups whom one’s government is either unwilling or unable to control.
Thus, if you have been beaten, detained, or otherwise individually punished by a religious police—or even by a family member whose authority over you is recognized or tolerated by your country’s government—based on your supposed failure to comply with religious norms (for example, a dress code, such as the requirement that women wear a veil covering their face and chest), then you might qualify for religious asylum or refugee protection in the United States.
In addition, you might claim religious persecution even when you have not been individually targeted, if your country’s laws impose special restrictions on your religious freedom (say, by forbidding membership in your religious group, by limiting public worship, or by requiring conversion to any other faith), and those laws have a serious impact on your individual way of life. If, for example, you were raised Catholic in China, but you are not currently observant, then you would have a harder time proving that you were harmed if the country’s government were somehow to pass a law forbidding church attendance.
At the same time, laws that have a neutral or otherwise legitimate purpose but happen to be more harmful to particular religious groups might not be considered persecution (unless they are enforced unequally). For example, a public health law prohibiting all possession of a mind-altering substance that one religious group uses in its rituals would probably not provide a basis for asylum or refugee status. By contrast, a law compelling military service without exemptions for conscientious objectors might well qualify.
To obtain U.S. asylum or refugee protection, it is not enough to prove that you have or lack (or that you are perceived to have or lack) a particular religion, and that you have been or might be persecuted in your home country. Rather, you must make clear that your actual or perceived lack of religion is the main reason (or one of the main reasons) for your persecution.
Proving this link can be difficult. For example, if you are part of a group of Christian missionaries working in a disputed region of your home country during a civil war, and government forces regularly beat and detain members of your group for purposes of obtaining information about rebel forces, then arguing that your religion is the reason why you were beaten or detained might be more difficult than you think. (You might consider a claim based on political opinion instead.)
A good attorney would help make sure you are applying under the appropriate category, and could significantly improve your application’s chances of success in obtaining asylum. The attorney can help you highlight the most compelling portions of your claim, overcome any negative information, prepare the paperwork and supporting documents, help you prepare to testify, and appear with you, either at the Asylum Office or in Immigration Court.
Fortunately, asylum is an area where you'll find a lot of help from volunteer attorneys or nonprofit (charitable) organizations serving immigrants and refugees.
]]>After one year of physical presence in the United States as a refugee, you must apply to adjust your status to a lawful permanent resident (seek a green card). (See 8 C.F.R. § 209.1.) The one-year period is calculated from the date that your I-94, Arrival-Departure Record, was issued.
NOTE: Procedures are slightly different for asylees applying for permanent residence.
Other than the fact that it is legally required, applying for your green card (U.S. lawful permanent residence) as soon as you are eligible is advantageous for a number of reasons.
First, seeking a green card is the next step before being able to apply for U.S. citizenship. Becoming a U.S. citizen has numerous benefits, such as avoiding the possibility of deportation and allowing you to vote, serve on a jury, travel with a U.S. passport, bring family members to the U.S., obtain citizenship for children under 18 years old, apply for federal jobs, become an elected official, maintain your U.S. residency, become eligible for federal grants/scholarship, and obtain government benefits.
Also, your refugee status and right to remain in the United States may actually be revoked (taken away) if conditions in your country change or if you no longer qualify as a refugee (i.e. your ground for protection has changed). This is a risk even at the stage of applying for a U.S. green card, but the risks tend to get even greater as the years go by. If, for example, peace accords are signed in a civil war that was the basis for your fleeing the country, and the place gradually settles down, every year that passes makes your claim to lawful permanent residence weaker, and increases the chances that your refugee status will be taken away.
What if significantly more than a year has passed after you have been admitted to the United States as a refugee, and you haven't yet applied for your green card? In many cases, USCIS will overlook such delays if other conditions are met, in particular, if you haven't become deportable and conditions in your home country haven't changed for the better. However, you cannot and should not count on this. Therefore, it is best to observe the one-year deadline, and to consult with an attorney if you already have missed it.
As a refugee, no fee is required to apply for your green card. In order to apply, you will need to complete and submit the following to U.S. Citizenship and Immigration Services (USCIS), the agency that handles immigration matters within the United States:
All foreign language documents included in this application packet will need to include a complete translation into English.
You must complete a separate I-485 application packet for each family member who wants to apply for a U.S. green card.
After you submit your adjustment of status application packet, USCIS will send you a notice saying that your application has been received, usually within a few weeks.
Several weeks or months later, USCIS will schedule you for a biometrics appointment. There, you will have your fingerprints, photo, and signature taken. Your fingerprints will be checked against U.S. law enforcement databases to make sure you haven’t committed any crimes or immigration violations that would bar you from receiving a U.S. green card. This can add delays to the process, particularly if you have a common name.
Last, you will receive a written decision from USCIS on your adjustment of status application. Although most green card applications do not require an interview, you could be called in for an interview if the USCIS office has any questions regarding your application or eligibility.
If your green card is granted, your “adjustment of status” date will be recorded not as the decision date, but rather the day you entered into the United States as a refugee. That’s especially important because it means that you will already have at least a year of permanent residence behind you when you start counting your five years toward U.S. citizenship.
U.S. citizenship status offers the highest possible level of protection to refugees, such as protection from the possibility of deportation (see, for example, Grounds of Deportability: When Legal U.S. Residents Can Be Removed). U.S. citizens are also allowed to petition for additional family members to join them in the U.S., as described in Green Cards for Your Family: Sponsorship Categories. (A particularly common concern among refugees is elderly parents who were not processed as refugees. A U.S. citizen aged 21 or older may petition for parents to immigrate to the U.S. as immediate relatives. )
The application process, called "naturalization," involves applying through USCIS on Form N-400, passing English language and U.S. civics tests, and attending an oath ceremony. (See Who Can Apply for U.S Citizenship.)
Becoming a naturalized U.S. citizen normally requires waiting at least five years after becoming a U.S. lawful permanent resident, as described in When Can I Apply for U.S. Citizenship? But as alluded to above, the five years are counted starting when you entered the United States as a refugee. Therefore you need to have only four years of permanent residence (though your green card will backdate your permanent residence date to when you entered the United States, so don't get confused and try to take an additional year off your eligibility).
A refugee child, by contrast, may instantly "derive" U.S. citizenship when the parent naturalizes, and thus avoid the naturalization process. It happens automatically, by operation of law. The child not need file anything to "claim" their U.S. citizenship (though they might wish to apply for a document proving it, as described below). But not every refugee who entered the United States as a child qualifies for derived citizenship. This is worth taking a careful look at, because a child who does not get derivative citizenship will (assuming the child wants to become a U.S. citizen) needs to apply to naturalize as an adult.
If you're a refugee adult with children who you brought to the United States, it's a good idea to naturalize as soon as possible: specifically, while your minor children remain under age 18. Because one of the requirements for derivation of citizenship is that the child be under 18 when you naturalize, they will lose this important opportunity if you wait too long.
Plus, you'll save your children money by allowing them to avoid the naturalization process. If all of your children are under 18 when you naturalize, then for the price of one naturalization application, your children can all become citizens. (Nevertheless, unless they qualify for a fee waiver, they will still need to pay fees in order to obtain proof of citizenship, either in the form of a U.S. passport or a certificate of citizenship.)
Because there is no application process for deriving U.S. citizenship, there is no automatic way to prove that one has, in fact, become a citizen. However, a child can, with the right evidence, either apply to USCIS for a certificate of citizenship (using Form N-600) or to the Department of State for a passport.
Under current U.S. immigration regulations, a child derives citizenship automatically upon satisfying these conditions, in any order:
It doesn't matter who entered the U.S. first, the parent or the child. Interestingly, a child refugee who enters the U.S. at some time after the parent may in fact become a U.S. citizen in less time than the parent. If a child refugee enters the U.S., obtains a green card a bit over a year later, and the parent naturalizes soon after, then the child could become a citizen within less than two years of entering the United States.
But if the order is changed, and the child refugee enters the U.S. first, then the parent naturalizes, and then the child becomes a permanent resident, the child will still derive citizenship from the parent.
What if the child has already turned 18 by the time you are reading this, but otherwise met all the criteria described above? In such a case, so long as the child was under 18 when either parent naturalized, the child became a citizen, even without anyone knowing it at the time.
Because refugees receive a green card that is "back dated" (to the date of having entered the U.S. as a refugee, a child could, potentially, show derivation of citizenship even without having applied to become a permanent resident before age 18. That's because the when the former child refugee is approved for a green card, it will show that the date of becoming a permanent resident was one year earlier.
The regulations for derived citizenship eligibility are different for immigrants who turned 18 on or before February 18, 2001, and they also changed multiple times before that. The majority of current refugee children will be covered by the newer regulations.
If you have additional questions, or want help preparing an application for adjustment of status, U.S. citizenship, or some other immigration benefit, it's a good idea to get counsel from an immigration attorney.
]]>One key difference between applications for asylum and refugee status is where you apply from—would-be refugees must apply from outside the U.S. (and cannot apply directly to the U.S.), while people requesting asylum must apply either at a U.S. border (including airports, seaports, and the like) or from within the United States. Below is an overview of the application process for asylum or refugee status.
To apply for refugee status within the United States, you must first receive a referral to the U.S. Refugee Admissions Program (USRAP). Even if the United Nations acknowledges you as a refugee, there's no guarantee it will refer you to the United States as opposed to some other country.
USRAP gives its highest priority to people who are identified and referred to the program by the United Nations High Commissioner for Refugees (UNHCR), a U.S. embassy, or a designated nongovernmental organization (NGO). Second priority is given to groups of special humanitarian concern. The third priority is family reunification—bringing together spouses, unmarried children under 21, or parents of persons who were lawfully admitted to the U.S. as refugees or asylees.
If you've been selected by USRAP, you'll be asked to provide proof of your persecution and a detailed affidavit explaining what happened and why you are afraid to return to your home country. The affidavit is particularly important and should spell out details of what happened to you and what you fear would happen if you returned. (It's not enough to say something general like, "I was persecuted." To learn more about the kinds of persecution that entitle someone to protection, see Asylum or Refugee Status: Who Is Eligible?)
You'll also need to undergo a medical examination and investigations to determine whether you are a threat to the security of the United States.
After submitting your application, you will meet with an overseas asylum officer who will make a decision on your case. If approved, you will be given a visa that you can use to enter the United States. If your application for refugee status is denied, there is no opportunity for appeal.
How you apply for asylum status depends on whether you are at a U.S. border or entry point (such as an airport) or already in the country, whether you entered on a visa or unlawfully.
If you are at the U.S. border or airport and have a valid visa or entry document, it's best to use that to enter, without raising the issue of your need for asylum. If the Customs and Border Protection (CBP) officials don't want to let you in, you can explain that you fear returning to your home country and ask to apply for asylum. Then, if you can pass a "credible fear interview," you will be allowed into the U.S. to present your full case for asylum before an immigration judge.
If you have no entry document at all, applying gets more difficult. The Trump Administration created a policy called "Remain in Mexico" or the Migrant Protection Protocols or MPP. It meant that people seeking asylum at the Southern border would not be allowed to see an immigration judge within the U.S., but have to wait in Mexico, often in camps for long periods of time, until their cases can finally be heard. The Biden Administration has altered but continued a version of the MPP, requiring foreign nationals in Central or Northern Mexico to use an app called "CBP One™" to submit information and schedule an appointment at a port of entry in either Arizona (Nogales), Texas (Brownsville, Eagle Pass, Hidalgo, Laredo, or El Paso), or California (Calexico or San Ysidro).
Although CBP appointments can be tough to obtain, there's one huge benefit to persevering: if you're allowed U.S. entry following your appointment, you can apply for an employment authorization document (a work permit or EAD) for use in the United States.
If you successfully make it past a border or entry point and into the U.S., you'll have more time to apply for asylum. In fact, you can take up to a year after entering the U.S. to start the process. (If that deadline has passed, talk to an attorney—exceptions are possible, and USCIS may show leniency when it comes to the deadline.)
Your first step in applying for asylum will be to fill out USCIS Form I-589 and mail it to USCIS together with other documents you'll be asked to provide. One of the most important will be an extensive affidavit or personal statement, which needs to contain details that you're prepared to explain orally, as well. There is no fee to file Form I-589, though other parts of the process can be expensive, as detailed in Applying for U.S. Asylum: How Much Will It Cost?.
Also consider applying for backup forms of relief, such as Withholding of Removal, or protection under the Convention Against Torture.
It's wise to include extensive documents that back up your claim. Documents naming you personally are ideal, such as a newspaper article about your arrest, a group membership card (if being affiliated with that group led to your persecution), or medical records showing injuries you suffered from being beaten or tortured.
Even if you don't have this kind of documentation, a well-prepared case should show how conditions in the country you fled from match what you've described in your affidavit. For example, if you're claiming that the government regularly threatens dissidents, it would help to have international press articles or reports by human rights organizations confirming this.
After submitting your I-589 and supporting documents to USCIS, you will be scheduled to attend an interview at a USCIS asylum office—eventually. The wait for an asylum interview can be many years, depending on region. USCIS's Affirmative Asylum Scheduling page will tell you its latest scheduling priorities.
An attorney can help you prepare for your interview and even attend along with you. If you don't speak English, you'll also need to bring your own interpreter to the interview. (For details on who can serve as interpreter, see What Happens During an Asylum Interview.)
If the asylum office denies your case, it will refer you to immigration court. There, you can present your case again, to an immigration judge—and add more documents and evidence. Your own attorney will interview you in front of the judge, after which an attorney for the U.S. government will question you. The judge can ask more questions, as well. Such hearings can go on for hours and still not finish. It's common for them to be rescheduled to continue on another day.
If the judge denies your claim for asylum, you can appeal—first to the Board of Immigration Appeals (BIA), then to a federal appeals court, even on up to the U.S. Supreme Court if it decides it wants to hear your case. (This is rare.)
Also see Will My Asylum File Be Kept Secret? for information about confidentiality during the application process.
As you can see, applying for asylum is not an easy process. The forms you fill out are just the beginning—the key is putting together a convincing account of what happened to you and being able to stand up to questioning by an immigration officer (and potentially an immigration judge).
It's best to hire an attorney, if possible, to help you with the asylum application and the review process. Some nonprofit organizations will provide free or low-cost attorneys to low-income asylum applicants, which can be important since you could spend years pursuing your application for asylum while having no right to work in the United States (as discussed in When Can Asylum Applicants Get a Work Permit).
For in-depth information on asylum and refugee protections and all key immigration law issues, see articles on Asylum & Refugee Status and the book U.S. Immigration Made Easy, by Ilona Bray (Nolo).
]]>If you were a victim of domestic violence in your country of origin, you may, under limited circumstances be eligible for asylum, provided that:
You would need to try to show how cultural or societal views prevalent in your home society regarding your and your persecutor’s respective social roles and statuses might explain not only why your government is unwilling or unable to protect you from domestic violence but also why you are a target of persecution on the applicable ground.
Thus, for example, if you are a woman (as most victims of domestic violence are), then, depending on the country where you are from (and perhaps also on the U.S. state where you live), you might be able to claim domestic violence-based persecution on the ground of your membership in a particular social group—a group that is largely defined by widespread perceptions of your gender’s proper domestic role and subordinate social status.
Women are more likely than men to be victims of domestic violence. This is because men are generally more likely to inflict or threaten physical harm upon women at an interpersonal level, and also because male-dominated societies often try to limit women’s social roles to the domestic sphere while systematically subordinating women's status, including in the justice system.
As a result, women might be forced to remain in an environment where their abuse will be tolerated and perhaps even expected. Consider, for example, societies where it is not considered criminal for a husband to sexually assault his wife, or societies where women are stoned to death in so-called “honor killings” by relatives. Nevertheless, women’s vulnerability to domestic violence does not, by itself, constitute a recognizable basis for membership in a particular social group.
Qualifying for membership in a particular social group can be legally complex. Usually, it means describing one’s group membership in terms of a characteristic that is difficult or impossible to change. It might also involve highlighting the group’s social visibility, as well as other factors.
Attorneys often try to make a case for domestic violence victims' group membership based on women’s inability to leave their domestic relationship, both personally and in terms of societal support or the lack thereof. In such a case, you would need to describe in detail the specific obstacles that would keep you from leaving, including specific acts or threats by your persecutor as well as specific ways in which your country’s laws or norms (especially on matters of marriage, divorce, or domestic hierarchy) would amplify the problem, for example because any police you complain to would offer no help.
Hence, for example, if you are a married woman from Afghanistan, then you could define your group as “married women from Afghanistan who are unable to leave their domestic relationship”—but not as “women from Afghanistan who are victims of domestic violence.”
In 2014, a woman from Guatemala used this strategy successfully before the Board of Immigration Appeals in a case called Matter of A-R-C-G- et al. (26 I&N Dec. 388 (B.I.A. 2014)). Having suffered regular and serious beatings, and attempted to get help from the police (who told her they wouldn't interfere with a marital relationship) the applicant repeatedly tried to leave and stay with her father. Her husband, however, sought her out and threatened to kill her if she did not return to him. On this basis, the B.I.A. found that the woman had defined a recognizable social group and was potentially eligible for asylum. (For technical reasons, however, the B.I.A. didn't actually grant asylum, but sent the case back to the Immigration Judge.)
Also, if you're applying affirmatively (not in removal proceedings), and feel uncomfortable explaining what you underwent in front of a male asylum officer, you might consider requesting a female officer.
Although “domestic violence” has no universal legal definition, this and related terms are usually understood to mean the threat or infliction of physical harm by one person on another in a family, intimate relationship, or household. (A household is a group of people who live together, whether or not they are related by blood, marriage, or adoption.)
A few examples include: A husband beating or raping his wife; parents threatening to beat their son or daughter; a mother-in-law beating her daughter-in-law; or foster parents sexually abusing their foster child.
Such violence could involve serious or persistent physical harm. However, it would still not amount to persecution on an applicable ground unless it was perpetrated by a person or group that the victim’s government cannot or will not control.
For example, if your father beat you for wanting to marry a person of a different race, but your home country’s government has proven unresponsive and unable to protect you, then you could qualify for asylum on the basis of race.
Likewise, if your father beat you for choosing to convert to a different religion (or for failing to comply with his orthodox interpretation of your common religion), but your home society considers such treatment to be a legitimate exercise of parental authority and, as a result, your government has proven unwilling to protect you (even turning you over to your father whenever you solicit its help), then you could qualify for religious asylum.
In either case, you should be ready to show that relocating to another part of the country would be too difficult. Under basic asylum eligibility rules, someone who can relocate and live safely within the another part of the home country will not be able to demonstrate a well-founded fear of persecution and will not be granted asylum in the United States.
Whether your children can be included in an asylum application (and therefore be granted asylum along with you) depends on their age, marital status, and location, as follows.
Given the difficulties in not just formulating but also proving the particularity of social groups, women seeking asylum for domestic violence based on their gender could greatly benefit from the assistance of a knowledgeable immigration attorney.
]]>(Also see the Department of Justice's Immigration Court Practice Manual.)
We'll assume you've already attended Your Master Calendar Hearing (MCH). Its purpose is simply to figure out the next steps in your asylum case, and to set dates for submission of any documents and for the individual merits hearing.
When the Asylum Office refers an applicant to an Immigration Judge, it will transfer the entire file there. You will not have to redo your Form I-589 or other paperwork, though you can (and probably should) add to it. The Asylum Office will also give you a Referral Notice, explaining why you are being referred. The referral notice might state, for example, that:
The Referral Notice is brief and usually not detailed. Some officers provide more detail than others. After reading your Referral Notice, think back on the asylum interview. If, for example, the reason given for the referral is that you were not credible, was there a particular topic about which you gave the wrong dates or were confused? Did the officer ask lots of follow-up questions on a particular topic, and perhaps even frown at your answers? If so, that is an important matter to get straight and clarify when you present your case again before the IJ.
If an attorney accompanied you to the asylum interview, they should have taken notes detailing the questions the officer asked and how you answered them. Your attorney should be able to use these notes along with the referral notice to better explain why you were referred to the judge, and help you prepare for the court date accordingly.
If you don't have an attorney helping you, hiring one now, particularly if you're concerned about the strength of your case, might be a good idea.
If you haven't already submitted an affirmative asylum application, you will need to submit all your materials by the date the IJ set during your MCH. In the past, that could be as few as 15 days before the Individual Merits Hearing, but new Trump-era regulations changed this to a minimum 30 days.
Also, if this is the first time you're filing Form I-589, you must do so within one year of your arrival in the United States (with limited exceptions).
Your filings must include:
You have several options for how to file. You may either submit your application at the court’s window in-person, by mail, by courier, or in open court.
If you have previously filed an asylum application, you can, if you wish to improve it, file an amended I-589 form, as well as any additional supporting documents or witness declarations you would like the IJ to consider. Make sure the information provided in Form I-589 is consistent with your previous submission. If there are inconsistencies, be sure to explain the reason, so that the IJ does not doubt your credibility.
Although you will not be filing your Form I-589 with USCIS at this time, see How to Prepare Affirmative Asylum Application for helpful tips on preparing it, along with your declaration and corroborating documents.
A good attorney might improve your chances of obtaining asylum in various ways, including by filing a legal “brief,” which discusses the applicable law and your facts so as to persuade the Immigration Judge to grant you asylum. The legal brief (also called a “memorandum of law”) typically highlights the legally strongest parts of the claim, overcomes any negative information (such as potential asylum bars), and presents the documents in an effective manner.
Another factor to consider when thinking about hiring an attorney is that an experienced one might have worked in the past with the DHS attorney assigned to your case. He or she might be able to consult effectively with the DHS attorney to narrow down the issues.
At a deadline specified by the IJ, you will also need to submit a Witness List, naming all the people you plan to call to give testimony at your hearing, how long each person plans to testify, and in what language the person will speak. The witness list can include both experts knowledgeable about your country and fact witnesses who are familiar with your personal history.
You cannot choose or request a particular judge. A wide disparity has, unfortunately, been reported in the percentage of asylum cases that different IJs grant.
To find out more, check out Syracuse University’s database of immigration judges. It lets you input your city and the name of your judge and see a report on the judge's background and the percentage of asylum cases that he or she has granted in given years, and how this compares to other judges across the United States.
If, at your MCH, you accepted an expedited removal hearing schedule, your individual Merits Hearing will be scheduled as soon as possible and you will be given the next available hearing date, at least 14 days in the future. (How far in the future depends on your court's backlog of cases.)
If you waived expedited removal, you might have to wait several years for your Merits Hearing. (See Timing of the Affirmative Asylum Application Process.)
Your individual Merits Hearing can last several hours, and might even be scheduled for several separate hearings, depending on the amount of information you and the DHS trial attorney need to present and quickly the IJ pushes things forward.
If you have an attorney, he or she will first give an opening statement, summarizing why the IJ should grant you asylum. Then, you will be “sworn in” (promise to tell the truth) and your attorney will ask you questions about your story, through a court-appointed interpreter if you are not comfortable in English. Make sure to be honest, detailed, and consistent with your answers. Also, if you do not understand something, tell your attorney or the IJ that. (Do not hold separate, side conversations with the interpreter.)
The IJ will likely jump in and ask you questions, too.
When you are done telling your story, the DHS trial attorney will ask you questions about your asylum claim, and will try to test your “credibility” (honesty and consistency). He or she might aggressively try to confuse you. Do not be intimidated. That is the DHS trial attorney’s job. Again, if you are confused by a question, do not attempt to answer it. Instead, ask for it to be stated more clearly.
You will then have the opportunity to call witnesses. You (or your attorney) will ask them questions, the IJ will interrupt, and the DHS attorney will cross-examine the witnesses.
The DHS attorney typically does not call witnesses, but instead focuses on challenging your credibility (testing how believable and honest you are) throughout the hearing.
If you have an attorney, he or she will make a short closing statement at the conclusion of your final hearing. The attorney will summarize for the judge why you should receive asylum and address any doubts the judge appears to have about the facts of your story or your eligibility for asylum.
Ordinarily, the IJ will grant or deny your asylum application orally, at the conclusion of your final Merits Hearing. Sometimes, however, the judge will take several weeks to issue a written decision on an asylum case.
Either you or the DHS can appeal the decision of the judge to the Board of Immigration Appeals, within 30 days of the decision.
The stakes are high. If your hearing before the IJ doesn't go well, you could be deported. Now would be an excellent time to hire an immigration attorney.
]]>So, if your application for asylum is denied, what’s next? The good news is, you have many opportunities for appeal, as described below.
(Note: This article presumes that you are already in the U.S., rather than attempting to apply for asylum at a U.S. border, which is an entirely different and more challenging procedural situation.)
You will likely also be allowed to remain in the United States while awaiting the various appeal decisions described below, though this can be tricky, especially once your case gets into federal court. See Can I Be Deported Before Filing Appeal on a Denied Asylum Case?.
Unfortunately, dealing with the expenses of spending years in the United States while you pursue your appeals, and probably paying a lawyer for all these services, stops many applicants from seeing the appeals process through to the end.
If your first application for asylum is an “affirmative” one—in other words, if you submit it voluntarily to an office of U.S. Citizenship and Immigration Services (USCIS) rather than waiting to be caught and put into immigration court proceedings—your case will be heard by an asylum officer. Some weeks after your interview, you will be given or sent a letter indicating whether you were approved or not.
If your asylum request is not approved, you don’t really need to do anything in order to appeal. If you are in the U.S. without an unexpired visa or other lawful status, your case will automatically be “referred” to the Immigration Court. There, an Immigration Judge (IJ) will hear your testimony, review your evidence, and make an independent decision as to whether to grant you asylum. The judge will likely tell you the decision out loud, at the conclusion of your hearing; or might send you a written decision soon after.
If the IJ denies your asylum case, you can appeal to an independent body in Falls Church, Virginia known as the Board of Immigration Appeals (BIA). You would need to file this appeal by mail within 30 calendar days of the IJ’s oral decision.
Unlike the IJ, the BIA will ordinarily not hear your whole case all over again. It will instead review the transcript of your hearing before the IJ, the written evidence you submitted to the court, and the IJ’s decision, to see if the IJ made an error. You do not need to appear in person, and you cannot submit new evidence unless it was unavailable before.
For best results, however, you will want to have a lawyer draft a brief and fill out the proper forms, giving specific reasons why the IJ’s decision was contrary to the law or inappropriate given the facts of your case and your testimony.
If the BIA decides that the IJ made an error in denying your claim, it will either grant you asylum or order that the IJ hear the case again.
Expect to wait a long time for the BIA’s decision. The average wait for noncitizens not in detention is usually at least a year.
If the BIA denies your asylum appeal, your next possible step is to file an appeal with the U.S. Circuit Court of Appeals (a federal court) serving the part of the United States where you live. Here again, your lawyer will want to prepare a brief explaining why the BIA’s decision was wrong or an abuse of discretion.
If the court selects your case for “oral argument,” your lawyer will need to present it in court, before a panel of judges. You, however, will not be expected to appear or testify again, and nor will your witnesses. You cannot submit new evidence.
Unfortunately, you will probably wait a long time for the circuit court’s decision. Three or more years is typical, depending partly on region of the United States. The court may either grant asylum or send the case back to the immigration judge with instructions on how to proceed.
If your case is again denied, you have a last possible avenue of relief: The U.S. Supreme Court. Your lawyer will need to send a petition for a “writ of certiorari.” However, the Supreme Court is not obligated to take the case, and chooses only a limited number of cases to hear and review each year.
Nevertheless, the Supreme Court does occasionally choose asylum cases. It’s most likely to do so if the case presents an important issue of law that could use settling across the United States. So if you have such a case, and the resources to pay a lawyer to prepare additional briefs and appear in Washington, D.C. for the hearing, you may pursue this as well.
Regardless of how far you pursue an asylum appeal, your best chance of success is to hire an experienced and skilled immigration attorney. Fortunately, asylum is an area where you'll find a lot of help from volunteer attorneys or nonprofit (charitable) organizations serving immigrants and refugees.
]]>In considering whether it's easier to pursue asylum or adjustment of status based on your marriage to a U.S. citizen, one important thing to weigh is the complexity of the law of asylum and related benefits like withholding of removal or privileges under the Convention Against Torture. Qualifying is not always straightforward, as the law includes details you might not be aware of. For example, applications for asylum must (with limited exceptions) be filed within one year of entry into the United States; the feared persecution must have been motivated by your identity in at least one of five specific groups; and various bars to approval apply. You might be denied asylum if, for example, there is a safe place in your country to which you could have relocated.
Even if you are granted asylum, you will not be able to apply for an actual green card (lawful permanent residence) until one year after that. The U.S. government could also terminate your asylee status and refuse to eventually grant permanent residence if conditions in your home country have improved, or if you are later convicted of a crime that would have made you ineligible for asylum in the first place. To learn more, see articles on Asylum & Refugee Status.
As for a marriage-based green card, in most cases, people who are eligible for adjustment of status, who are not otherwise inadmissible to the U.S., and who have a genuine relationship with the U.S. citizen spouse will be able to obtain a green card without much difficulty. The law dictates that all marriage-based applications for immigration benefits must be “bona fide” or entered into in good faith (rather than fraudulent). In other words, the marriage cannot have been an arrangement of convenience, and you must intend to share your home and life together as a married couple.
To determine whether you are procedurally eligible to apply for your green card via USCIS (without leaving for a consulate), see When Adjustment of Status Is Possible for the Immigrant Spouse of a U.S. Citizen.
As you can see, marriage-based green card applications tend to be easier to pursue than asylum cases. Because your asylum application is already underway, however, you need to consider additional issues of timing and eligibility.
The answer to this question is: it depends. Of course, people are free to marry whenever they want to. But if you are already in removal proceedings and marry a U.S. citizen, and your U.S. citizen spouse proceeds to file an I-130 (Petition for Alien Relative) on your behalf (the first step in the process of marriage-based immigration to the United States), the timing looks a bit too convenient. For that reason, the I-130 will be denied unless the petitioner (U.S. citizen spouse) can prove that you and your U.S. spouse have a “bona fide” marriage (as described above). USCIS is the government agency responsible for making decisions on all I-130 petitions, and also determines whether a petitioner satisfactorily shows that marriage to a foreign spouse in removal proceedings is “bona fide.”
If you are not in removal proceedings, but have submitted an asylum application and subsequently marry a U.S. citizen, the adjustment of status process can be more difficult than it is for the average applicant. Immigration officials will wonder why you decided to get married while your asylum case is pending. Expect plenty of questions to make sure that your marriage isn’t just a “back-up plan” to insure against a denial of your asylum case.
If you and your spouse had a long relationship or dating history before getting married, the timing of your marriage will less likely be a problem, but after your spouse submits the I-130 that starts the sponsorship process, USCIS is likely to examine the details of your relationship closely. It will be helpful to submit numerous documents, such as photos of you with your spouse and families; evidence of cohabitation; shared financial responsibilities; shared insurance plans; birth certificates of children (if you have any); and other evidence of a good faith marriage along with the I-130.
On the other hand, various "red flags," such as a huge age difference or no shared language between two members of the couple, can make USCIS especially suspicious.
Your choice of what to do if you get married after affirmatively submitting an asylum application to USCIS and if you are eligible to adjust status could depend on where you are in the process and the details of both your asylum and adjustment case. This is where consulting with an experienced attorney is a good idea.
If you have already attended your asylum interview with USCIS and are just awaiting the agency's decision, you might want to wait and see whether your case is approved before you pursue adjustment of status with USCIS based on your marriage.
However, if it is still early and you have not yet attended an asylum interview, and you are eligible to adjust your status in the United States, it might make sense to apply for adjustment of status now and send a letter to the Asylum Office handling your application requesting that your asylum case be placed on hold while you await a decision on your adjustment application.
But again, not every foreigner who is in the United States and married to a U.S. citizen will be allowed to apply to adjust status, for technical reasons. Immigrants who were not paroled or inspected by an immigration officer at the time of their entry into the United States will need to travel to a U.S. embassy or consulate abroad before they can obtain a green card (called "consular processing"), and will need to request an unlawful presence waiver in order to return (as described in the final section below).
You should not, however, withdraw your asylum application following your marriage, even if you are adjustment-eligible. Doing so could raise suspicions about your motivations in marrying and could jeopardize your adjustment application. If you receive an asylum interview notice while your adjustment application is still pending, you should still attend your asylum interview and answer all questions honestly and fully.
If your marriage-based adjustment application is eventually approved by USCIS, and your asylum application is still pending, then you may notify USCIS of your green card approval by sending a copy of the I-485 approval notice and a letter asking to withdraw the application since you are already a green card holder and no longer need asylum protection.
However, if USCIS has denied your asylum application, it may automatically refer your case to immigration court for removal proceedings. At this point, you should hire an experienced immigration attorney to help you close the removal proceedings.
Let’s say you are in removal proceedings in immigration court and you have already submitted a defensive application for asylum in order to stop your deportation from the United States. If you marry a U.S. citizen now, and you are eligible to use the adjustment of status procedure to submit your marriage-based green card application in the U.S., you might want to consider asking the immigration judge to administratively close or continue your case. The idea would be to give your U.S. citizen spouse time to file an I-130 and allow USCIS time to decide on it. (Remember, as stated above, that if you marry while in removal proceedings, your spouse will need to convince USCIS that you entered into a good faith marriage.)
If USCIS approves the I-130 petition, you can apply for adjustment of status to permanent resident before the immigration court. At this time, you can also request that the immigration judge consider your adjustment of status application first, before your asylum application. Most judges will gladly do this, if it seems clear that you are eligible for adjustment of status and there are no issues regarding your admissibility to the United States. This process of adjusting status in immigration court is similar to adjusting status before USCIS, except that the immigration judge (IJ) has the final say on whether to approve or deny your request.
Again, the IJ will look extra hard at whether your marriage is bona fide, because of the fact that it took place while you were facing possible deportation.
You will most likely be ineligible to adjust status if you entered the U.S. without having been inspected by an immigration or border official (unless you fall into a rare exception). That’s different than saying you’re ineligible for a green card at all; but you won’t be able to apply for it from inside the United States.
In this case, assuming you have spent more than six months in the U.S. without permission, you will, in order to apply for an immigrant visa based on your marriage, need to apply for a waiver of unlawful presence and leave the U.S. after it's approved, in order to apply for your immigrant visa at a consulate in your home country. So as to minimize the time loved ones are separated during the application process for an unlawful presence waiver, the U.S. government allows applicants to apply for it from within the United States, so long as they don't also need other inadmissibility waivers. If this waiver is approved, you can travel to their home country for an immigrant visa interview with the U.S. consulate or embassy and be fairly confident that you won't be trapped there for several years owing to the inadmissibility issue. You will, however, most likely require the assistance of an experienced immigration attorney to succeed with the waiver and the other complex procedures involved.
What particularly complicates the process above is the fact that you have already told the U.S. government that you fear persecution in your home country. Readily and willingly leaving the U.S. to apply for a visa in that country could raise major suspicions with U.S. consular officers, border officials, and so on. There is a severe penalty, namely a permanent ban from receiving immigration benefits, if you are found to have submitted a “frivolous” (or fraudulent and baseless) asylum application.
If you decide to pursue your asylum application before the immigration court and it is approved, you can apply for a green card one year after your asylum is granted. If denied, you might want to request voluntary departure from the judge, and proceed with your immigrant visa application from abroad.
Your best bet in this situation is to speak with an experienced immigration attorney who can assess the strength of your asylum application as well as an application for an unlawful presence waiver, and discuss the best options for yourself and your family.
]]>Let’s look at some of the basic information your asylum declaration should include and the questions it should answer for the person reading it.
Because every asylum case is unique, every asylum declaration is going to be different. The last thing you should do is to take a declaration written by someone else and simply insert your name plus a few personal facts. When writing your declaration, remember that the reader does not know anything about you or your past. You want it to be as detailed and specific as possible, with names, dates, and locations, not to mention true. Any suspicion that you made up information will lead not only to your case being denied, but to a bar on you being granted any U.S. immigration benefit.
Your asylum declaration must be written in English. If you are more comfortable writing in another language, you can write the declaration in your preferred language then have it translated into English. This will ensure that your statement is written clearly and completely.
When submitting your Form I-589, you should also submit the English version of your declaration, the version written in your preferred language, and a signed statement from the translator that they translated the document fully and is competent in both languages.
While there is no required format for an asylum declaration, it is best to type yours, provide headings for different sections, and write about events in the order that they happened. Typing the declaration makes it easier to read, while headings provide a “map” to help the reader understand your story. Common headings include:
Depending on your situation, you might need to include additional sections, such as sections explaining changed or extraordinary circumstances for missing the one-year asylum filing deadline or any criminal history. Let’s go over what each of the sections listed above might include.
Each asylum declaration should start with the applicant's basic information, including name, date of birth, and country of origin.
You'll also need to explain the “ground” on which your asylum application is based. The “grounds” are your race, religion, nationality, political opinion, and membership in a particular social group. Unless you can show that the persecution was because you match one of these grounds, you won’t be granted asylum.
If you are applying based on your race or nationality (including ethnic group), write what your race or nationality is.
If you are applying based on your religion, write about what your religion is, how long you have been practicing it, and any religious rituals or traditions you take part in.
If you are applying based on your political opinion, explain what that political opinion is, how long you have held it, and what sort of political activities you are involved in. Even an opinion that others believe you held, called "imputed political opinion," can count for this purpose.
If you are applying based on your membership in a particular social group, explain what the group is, why you are a part of it, and how society in your country of origin views that group.
If you suffered persecution in your home country in the past, you should write about each incident. These might include, for example, threats, beatings, unlawful arrests, kidnappings, or property damage. You might also want to include incidents that happened to your family, colleagues, or other people like you. Even if an incident does not necessarily rise to the level of persecution, it is important to discuss that incident if it is related to your case and helps fill in a picture of what happened and explain why you were fearful enough to flee.
Again, try to write about events in the order they occurred. If you can remember the date, provide it. If you cannot, try to provide a time frame, such as “in the spring of 2020” or “in approximately June of 2022.” Try to answer the following questions:
Whether you have suffered past persecution or your application is based solely on a well-founded fear of future persecution, you should discuss why you fear persecution in the future. This could include writing about other people like you who have been persecuted or ongoing threats being made against you or people like you in your country of origin.
This section should explain why you are not able to safely move to another part of your country of origin. This might include explaining that your persecutor has connections throughout the country and would be able to locate you wherever you go.
Explain in this section why you believe the government of your country cannot or will not protect you from persecution. This might include discussing the government failure to respond to incidents of persecution in the past (even if such incidents came from non-government actors, such as civil patrol or vigilante groups), the government’s own persecution of people like you, or corruption within the government or law enforcement authorities.
The end of your declaration should summarize why you should be granted asylum. Think about the following questions, and try to answer them in one or two sentences:
After you have written your asylum declaration, read through it again to make sure it is complete and clear. If you are comfortable having another person read it, ask that person whether it makes sense and doesn’t leave any unanswered issues or cause confusion.
Once you have completed the declaration, sign it in the presence of a notary public.
If you are unsure about what to write in your asylum declaration, or about other issues like your basic eligibility for asylum, an experienced immigration attorney can help you. Also see How to Get a Lawyer to Represent You Pro Bono (Free) in Immigration Court Removal Proceedings.
]]>After submitting an asylum application to U.S. Citizenship and Immigration Services (USCIS), many people find they wait months or years to be called for their asylum interview. But what if they want to travel during that time, even briefly? Here, we'll look at the details of the law as well as the practical realities.
Technically, asylum applicants CAN travel outside the United States while awaiting their interview at the Asylum Office. It’s usually not a good idea to do so, however. Even with a pending asylum application, the person will be subjected to questioning from Customs and Border Protection (CBP) when attempting to return to the United States.
If, for example, you have inadmissibility grounds that could be triggered when you leave the country (such as unfavorable immigration or criminal history), you could be denied reentry, even if you have the necessary travel documentation.
Also, depending on the timing, you might actually end up missing your scheduled interview. This will obviously lead to delays in receiving a decision, and in the worst case, could lead to your case being denied.
You should consult an immigration attorney who can best advise you to whether it is in your best interests to leave the United States.
If you decide to travel regardless of the risks, you will need to submit USCIS Form I-131, Application for Travel Document to USCIS in order to receive what's called “advance parole” (permission to reenter the U.S. before your application is approved).
To learn more about this, see Filling Out Form I-131 for Advance Parole. Apply for advance parole well in advance of your trip and make sure you do not leave the U.S. without your travel document.
The biggest travel “don’t” for asylum applicants is returning to the country where you have indicated that you fear persecution. If you do so, USCIS will then presume that you have abandoned your asylum application and could even decide that you submitted a fraudulent application—which could have serious consequences such as a permanent bar from reentering the United States.
If you are a U.S. asylee or refugee, and you want to preserve your right to stay in the U.S. after traveling temporarily abroad, you must apply for a refugee travel document before leaving the United States. You can also obtain a refugee travel document if you are a lawful permanent resident (LPR) (you have a green card) as a result of having been an asylee or a refugee.
CAUTION: Always remember that you should never travel to the country from which you claimed persecution in your asylum or refugee application, as explained below.
Here you will find guidance on eligibility requirements and the application process to obtain a refugee travel document.
You can apply for a refugee travel document if you are physically present in the U.S., and you are either:
In urgent circumstances, you may also apply for this document while you are outside the United States. However, you will have to show that you were not able to apply before leaving the U.S. because you had to travel abroad in an emergency, and you will have to apply within one year of departing.
You do not need a refugee travel document if you have a passport from your home country and a valid green card and you want to return to the U.S. after temporary travel abroad (of less than one year). However, because most refugees and asylees escaped persecution from the country that issues their passport, many choose not to travel as a national of that country. In addition, having a refugee travel document might make your travels easier.
Some countries require you to have a visa if you are traveling using the passport from your home country, but they do not require it if you have a U.S. passport or travel document. In addition, having a U.S. travel document will make it easier to travel on some airlines.
But if you plan to stay outside the U.S. for more than one year, you should obtain a travel document before leaving. (Although it is called a “reentry permit,” you use Form I-131 as if you were applying for a refugee travel document.)
In order to apply for a refugee travel document, you must file Form I-131, Application for Travel Document with U.S. Citizenship and Immigration Services (USCIS). Go to the Form I-131 page of www.uscis.gov to download the most recent Form I-131 for free.
In addition to filling out the Form I-131, you must submit the following with your application:
If planning to travel abroad with your family members who are derivative refugees or asylees (or have green cards because of their derivative asylee or refugee status), you must file a separate Form I-131 (and provide the supporting documents listed above) for each of them.
Some weeks after filing (if you're in the U.S. at the time), you will receive a written notice of when to go to your local USCIS office for your biometrics appointment, where you will be fingerprinted and photographed. (See What to Expect at a USCIS Biometrics Appointment.)
USCIS might also send you a written notice asking for additional information about your application or eligibility for a travel document. You must comply with this and also go to any appointments and interviews required by USCIS. Otherwise, your application might be denied.
It might take several months for you to receive your travel document. Check for the latest averages at the USCIS Case Processing Times page, then do your best to apply in good time, well before you plan to leave the United States.
As mentioned above, you are expected to be in the U.S. when you file your Form I-131 application (unless you are outside of the United States because of an emergency). However, you may leave the U.S. before you receive your travel document. Just make sure that you had your biometrics done before you leave. You may request on Form I-131 for your travel document to be sent to a U.S. embassy, consulate, or Department of Homeland Security office abroad.
Keep in mind that leaving the U.S. without a valid refugee travel document is risky. If you are outside the U.S., and your I-131 application is denied, you might not be allowed to reenter the United States.
Your travel document will expire one year from the date when it is issued (unless your refugee or asylee status ends or you are deported or removed before then). Travel documents cannot be extended. So, when planning your travels, make sure that your travel document will not expire before you try to reenter the United States.
Remember that you must not travel back to the country from which you claimed persecution in your asylum or refugee application. Even if you have a valid refugee travel document, you might be denied reentry to the U.S. if you travel to this country. USCIS or the State Department or other immigration agencies might decide that you are no longer afraid to return there, so you no longer need the protection of the United States.
If you successfully obtained your green card after one year of living in the U.S. as an asylee or refugee, you could also lose your green card if you return to the country from which you claimed you needed protection.
In fact, Form I-131 asks questions about whether you plan to or have returned to the country from which you are a refugee or asylee as well as questions about whether you had obtained any benefits (for example, a passport, health care, or legal status) from that country or any other countries since you have been in the United States.
Make sure to answer all questions honestly on Form I-131, and explain in detail why you still need your asylee or refugee status in the U.S. even if you had obtained benefits from other countries or if you had (or plan to) travel to your home country. If this applies to you, you should consult an experienced immigration attorney.
Traveling outside the U.S. always carries some risk that you might not be allowed to reenter. It is safer to delay travel abroad until after you have received your green card. To learn more about applying for U.S. permanent residence after one year of asylee or refugee status, see How to Apply for Permanent Residence as an Asylee.
Even if you travel outside the U.S. after obtaining a valid travel document, you might be denied reentry. Every time you arrive at the U.S. border, your right to be in the U.S. is reevaluated. You must continue to be “admissible” to the United States. The “inadmissibility” grounds include certain types of contagious diseases, criminal convictions, prior immigration law violations, and involvement in terrorism. (For more information, see Inadmissibility: When the U.S. Can Keep You Out.)
]]>It feels like I submitted my application for asylum in the U.S. so long ago and I still haven’t gotten a decision. I’m wondering if I can do anything while I am waiting? I was thinking about taking a college course or getting a job. Also, am I allowed to move somewhere else within the United States?
Both U.S. Citizenship and Immigration Services (USCIS) and the Immigration Courts (EOIR) are extremely backlogged. Thus it can years for them to process or issue decisions in both affirmative asylum applications (the kind you file on your own) and defensive asylum cases (the kind you raise during removal proceedings in immigration court).
You will definitely want to plan your activities during this long wait.
People with pending asylum applications or cases who have been waiting a long time without a decision are allowed to apply for employment authorization. The length of time is currently 150 days (though the Trump Administration tried to change it to 365 days).
In order to apply, you'd need to submit Form I-765, Application for Employment Authorization along with the receipt notice showing the date when your Form I-589, Application for Asylum and Withholding of Removal was received by either the Immigration Court or USCIS and other documents (such as evidence of lawful U.S. entry) showing that you're eligible. See How to Apply for a Work Permit While Awaiting an Asylum Decision for more information.
Since you are legally authorized to remain in the U.S. while your asylum case is pending, you should be able to attend higher education classes as well, though you might not be eligible for certain internship or work study programs in which students in the U.S. on an F-1 student visa can participate.
Also, it will be up to the college or university whether or not to grant you in-state tuition rates or to allow you to take courses for credit.
You can also move to another location within the U.S. while your asylum application is pending, but be sure to notify either USCIS or the immigration court of your change of address as soon as possible. This may also delay the processing of your application or case.
See What Should I Do If My Address Changes While My Asylum Application Is Being Processed?.
If your case is in immigration court, you will also need to file a Motion to Change Venue if you are moving outside the jurisdiction of that court. Consult with an immigration attorney to help you do this.
A prior deportation order is still valid when you attempt to enter the United States or return to it illegally. The U.S. government can simply "reinstate" the removal order, and then deport you a second time, without giving you a hearing in front of a judge. Thus you would have no opportunity to request asylum.
This can happen even if, while you are in the U.S., you attempt to file an affirmative asylum application with USCIS. The office that receives your application will refer it to the immigration police who will reinstate the prior removal order.
Under international law, the United States cannot remove people to a place where they would suffer persecution. This is called the principle of non-refoulement, and is the underlying principle behind the laws that provide asylum and refuge status around the world. Each government interprets this requirement in slightly different ways.
In the U.S., this requirement means that even people who have been deported or committed a crime that makes them ineligible for asylum, can still apply for something called withholding of removal or immigration relief under the Convention Against Torture (CAT) (another international law that prevents the government from sending anyone to a place where they would be tortured).
The standards for withholding of removal are much the same as for asylum except it requires a higher burden of proof—you have to prove to a judge or decision maker that it is more likely than not that you will suffer persecution if returned to your home country (asylum requires only showing that there is a ‘reasonable possibility’ that you would be persecuted).
In practice, this is quite a high standard. You have to convince the judge that it is very likely you will suffer actual persecution. This usually means you would need lots of evidence showing that you have been individually targeted for harm by the government of your country or by people who the government cannot control.
Starting the application process always looks different depending on where the applicant is, for example:
If you are inside the U.S. but not currently in removal proceedings, there is no reason to try to apply for withholding of removal. Instead, you should consult with an immigration attorney to see whether you can reopen your old order of deportation (more on this below).
If you are at the border or in detention, then, once the border officer or the detention officer finds out that you are afraid to return to your country, he or she should refer you to what is called a reasonable fear interview. During this interview, an immigration officer will ask you lots of questions about why you are afraid to go back to your country. In order for your case to go before an immigration judge, you have to convince the immigration officer that you could probably show a judge that it is more likely than not you would be persecuted.
Once your case is in the immigration court, you will put on a full case for withholding of removal, and for relief under the CAT. You should present witnesses, documents, and testimony to show the judge that you are afraid of returning to your country because of a well-founded fear of persecution on one of the five grounds required for asylum. (See Asylum or Refugee Status: Who Is Eligible? and Preparing Persuasive Documents for Your Asylum Application for details.)
If the judge approves your application for either Withholding of Removal or relief under CAT, then you will be able to stay in the United States. Neither status is permanent, however, and unlike asylum, you will not be able to apply for a green card as a subsequent step.
If you have the time and opportunity, it's worth seeing whether there is a way to reopen your order of deportation—that is, turn back the clock so that your removal case is no longer closed and final. For this, you should consult with an attorney, as the reopening of an order of deportation is extremely complicated and can involve filing documents with several different courts.
If you are able to reopen the case, you will be able to file for asylum, which is a permanent status that will allow you to get a green card and eventually apply for citizenship. The good news is, one of the bases for filing a motion to reopen is to file for asylum, as long as it is because the conditions in your country have changed since the order of deportation was issued.
]]>A master calendar hearing (“MCH”) is a short, preliminary hearing on immigration matters—the usual start to efforts to remove an immigrant from the United States. You will meet with the immigration judge (IJ) and the government attorney to figure out how your case will proceed. The IJ will schedule dates for your submission of written documents, and for your individual merits hearing (at which the substance of your applications or claims and/or defenses will be addressed in detail). If you have an attorney, he or she will answer most of the IJ’s questions.
During a MCH, the court will not consider any legal claims or defenses of your case. You will not be questioned about your case or immigration applications, and will not present any witnesses. The IJ will not make any rulings regarding legal issues in your case.
IMPORTANT COVID-19 NOTE: The coronavirus pandemic has required U.S. immigration courts (EOIR) to adjust many of the practices described below. At the least, expect to be required to wear a mask and to observe social distancing. In addition, the EOIR is encouraging IJs to avoid in-person master calendar hearings by having immigrants' lawyers file paperwork explaining what defenses they'll be claiming, then scheduling individual hearings. You'll really need to hire a lawyer for that, though. See the EOIR's June 2020 memo for more information.
You will first receive a Notice to Appear (“NTA”), which will specify the date and place of your MCH. Under normal circumstances (without any COVID-19 adjustments), you must personally attend your MCH, even if your lawyer attends as well.
You may bring family members with you to the court. Make sure that they have legal immigration status. Otherwise, they may be arrested. It is not a good idea to bring children. Dress appropriately, in clean, neat, relatively conservative clothes.
Arrive on time at your MCH. If you are absent, or even late, you could be ordered deported “in absentia” (due to your absence). Or, the IJ might deny your legal claims or defenses. Arriving early is a particularly wise idea because going through a federal security checkpoint can take a while.
Try to find out ahead of time how your local immigration court operates. Bring important documents with you: your identification documents (passports, a driving license), your NTA (or another “hearing notice” that directed you to come to court), and any original documents that might be helpful at this preliminary stage (based on your lawyer’s suggestion). Also bring your personal calendar, because the IJ will schedule deadlines in your case.
During a typical MCH, you will be before the IJ for about five to 20 minutes only, although you might be in court for several hours (including time to check in and wait). Plan accordingly.
You will not normally be the only one in court at the time of your MCH. Other people will have their MCHs scheduled in the same time block as yours, and might be in the same room with you. Once ready for your case, the IJ will call you by your Alien Registration Number (“A-Number”) and your name. You and your lawyer, if you have one, will then come forward.
If you do not feel comfortable using English, do not force yourself. By attempting to communicate in a language you do not fully understand, you can only hurt yourself, in the likely event that you misunderstand some aspect of the court proceedings. Tell the IJ that you need an interpreter, and one will be provided for free, most likely via electronic communication.
If you cannot understand the interpreter or he or she is not translating correctly, alert the IJ, who will then look for another interpreter or reschedule the MCH for another date (when another interpreter is available). If an interpreter is provided, make sure to listen until he or she finishes translating, and then answer in your native language. You cannot bring your own interpreter.
A judge will start your MCH by asking you for brief identification information: your name, address, native language, and any other languages in which you are fluent. If you bring an attorney with you, you will also have an opportunity to officially present him or her as your lawyer (enter his or her “notice of appearance”).
The judge will also review the charges listed against you in your NTA (the legal reasons the U.S. government seeks to deport you), and you will have to admit or deny each charge. Make sure to read your NTA carefully before your MCH. Tell the judge if anything in the NTA is incorrect.
If you are applying for asylum, for example, the charges against you will typically include the following: the date when you entered the U.S., your nationality, and whether you either entered the U.S. without being inspected at the border by immigration officials, overstayed a visa, or entered using false travel documents. It's usually best to deny any charges of fraud.
You will then be able to tell the judge what forms of defense you are claiming or what relief you are seeking. Examples include asylum, withholding of removal, voluntary departure, cancellation of removal (for an undocumented person or a green card holder), or adjustment of status. If you are seeking asylum, make sure to also apply for (1) withholding of removal, and (2) protection under the United Nations Convention Against Torture.
The IJ will set important dates for your case, such as: (1) when to submit any pertinent applications (or amendments or additional information); (2) a date for another MCH if necessary; and (3) a date for your individual merits hearing.
You must meet all of the deadlines that the IJ sets. Therefore, you'll want to ask for extensions of deadlines and/or for “continuances” (rescheduled hearings) if the time proposed by the judge does not give you sufficient time to present your arguments well. Be ready to explain why you need additional time. Also remember to request a continuance (another MCH) if you need time to find an attorney or if you had just found one and he or she needs time to meet with you.
At the conclusion of your MCH, you will be given another Notice, specifying the date for your next MCH or for your individual merits hearing.
If you are applying for asylum, there are many important issues you must be ready to address at this initial hearing. Do everything you can to line up an attorney before you appear in court.
First, the IJ will ask you to designate a country of removal. It's best not to designate any country. The basis of your asylum application is that you are too afraid to go back to your home country, so never designate your home country. The judge will then typically designate your home country as a country of removal, as a formality.
If you are applying for asylum and accept an “expedited removal” schedule, your individual merits hearing will be scheduled for within 180 days of when you first submitted your asylum application. Realize that this might not give you sufficient time to prepare a detailed asylum application and strong supporting documents. If you waive expedited removal, however, you will not be eligible for employment authorization while your application is going through the Immigration Court process. (If you are detained, you will be placed in an expedited removal schedule, and will not be allowed to waive it.)
Another consideration is the basis upon which you are applying for asylum. The persecution you feared or experienced must, as a matter of eligibility, have been due to your fitting into on one of five categories or "grounds." If "particular social group" is the ground you're claiming, some immigration judges will want to hear your description of that group at the master calendar hearing, and will consider any definition that comes later as being too late. (This was the result of a case called Matter of W-Y-C.) It's a complicated analysis that truly needs a lawyer's help.
Here are the basics: For national security reasons, the U.S. Department of Homeland Security (DHS), in particular U.S. Citizenship and Immigration Services (USCIS), began giving strict extra scrutiny to immigrants and non-citizens from Arab, Middle Eastern, Muslim, and South Asian communities when they apply for U.S. citizenship, lawful permanent residency (a green card), and asylum.
The typical result of this added scrutiny is that applicants put on the CARRP list face long USCIS delays in the best case, and in the worst, receive a USCIS denial without prior notice, stated reason, or legal authority. In some cases, USCIS will not take any action at all until the FBI tells it what action it would like taken on the application, which can result in indefinite limbo.
The American Civil Liberties Union (ACLU) has been a leading force in attempting to find out more, tracking CARRP’s results and bringing legal action in cases where the program has been applied unjustly. (Also see the ACLU report, Muslims Need Not Apply.)
It’s not just people who have some sort of black mark on their criminal or immigration record who are entered on the CARRP list. Applicants can be named as national security concerns and put on the U.S.’s “Terrorist Watch List” based on lawful religious activity, country of national origin, a history of travel through areas of “known terrorist activity” (which can be an entire country), and innocuous associations with groups or charities. The ACLU believes that hundreds of thousands of people, including green card holders, are on this list, without even having been advised of this.
For example, if you have given money to a charitable organization that the U.S. government later decides has some association with or provides material support to terrorism, you could be put on the Terrorist Watch List.
Once your immigration case has been flagged for CARRP treatment, USCIS may put your case on hold for 180 days. During that time, either USCIS or the FBI is supposed to conduct an investigation. However, this may drag on indefinitely, and the time period be extended.
You may ultimately be barred from obtaining immigration benefits even if you are otherwise legally entitled to them. What’s more, USCIS is reported to routinely come up with excuses or pretexts to deny these cases, such as that the person submitted “false testimony” (even if it’s forgetting to report having donated to a particular, innocuous charity many years before).
If you apply for a green card, U.S. citizenship, or some other immigration benefit, you would normally expect to wait a period of months for a decision. Check the USCIS website for the normal processing time. Some delays beyond these times are “normal,” as USCIS frequently gets backed up.
If, however, you are from one of the communities listed above, and you find that you have been waiting many weeks more than the normal processing time—or if your interview or similar follow-up is canceled at the last minute without explanation or a postponement—there’s a good chance you’ve been placed on the CARRP list.
Another indicator is if an FBI agent visits you with requests to inform on members of your community.
Because USCIS will not give you any notification of the suspicions about you, and won’t offer you any opportunity to counter or respond to them, contacting the ACLU is your best bet if you suspect you may have been placed on the CARRP list. You will likely need the help of an experienced immigration attorney, as well.
]]>Three years ago, I was deported from the U.S. because I was caught after overstaying my visa. After I returned to my country, I became involved in politics, and received death threats. So I had to flee. I came back to the U.S. last year (by crossing the Mexico border without being seen). Now I want to apply for asylum but I am afraid I won’t get the chance, because of having been deported. Can I still apply for asylum?
You could certainly try applying for asylum. However, whether your application will be accepted (let alone approved) is a difficult question, because this is not a very clear area of U.S. law.
On one hand, the part of the law that defines how people can become eligible for asylum does not explicitly bar applications by people who illegally reentered the country after having been ordered removed. On the other hand, another part of the law explicitly says that noncitizens who reenter the U.S. after having been removed may not apply for any form of relief—which would presumably include asylum.
Up to now, the U.S. government has interpreted this bar narrowly enough to comply with international laws that prohibit returning people to countries where their life or freedom might be in danger, or where they might be tortured.
Applicants were at the very least be able to obtain a “reasonable fear” interview with the Department of Homeland Security (DHS) to find out whether they might qualify for withholding of removal or protection under the United Nations Convention Against Torture. (Be aware, however, that going forward with this request so would probably entail exposing yourself to immediate detention and, perhaps, to summary removal—without a chance to defend yourself in immigration court.)
Under the Trump Administration, however, rules proposed in late 2019 would bar asylum to applicants who had committed an offense under 8 U.S.C. § 1326, namely illegal reentry.
An alternative would be to try to undo that removal order by reopening your previous immigration court proceedings. Since the events that led you to flee your country took place after you were removed, you could in theory argue that your prior removal proceedings should be reopened based on changed country conditions. Be aware, however, that immigration judges would have considerable discretion to grant or deny your request (your motion to reopen).
In sum, it is unclear whether or not you would be able to apply for asylum, and depends on whether the 2019 proposed rules go through (as they are likely to). But, at least, the arguments at your disposal do not seem “frivolous” with regard to applying for asylum.
]]>(For a review of the general eligibility requirements for U.S. citizenship, see Who Can Apply for U.S. Citizenship.)
Part of your time as an asylee or refugee can be counted as permanent residence, based on a concept known as “rollback.” The result is that you might be able to apply to naturalize sooner than you thought. We'll explain the details below.
If you were granted refugee status while in another country, and then entered the U.S. as a refugee, you can count your date of U.S. entry as the beginning of your permanent residence—assuming, of course, that you eventually succeeded in becoming a permanent resident. All your years as a refugee in the U.S. will count toward the required five years of permanent residence for naturalization eligibility purposes. (See the Code of Federal Regulations at 8 C.F.R. § 209.1(e).)
So, for instance, if you spend five years as a refugee living in the U.S. before finally getting around to applying for a green card (adjustment of status), you have fulfilled the five-year requirement already, and can apply for U.S. citizenship as soon as U.S. Citizenship and Immigration Services (USCIS) approves you for permanent residence.
(You should, however, apply for a green card one year after your date of entry as a refugee, as is required by law.)
If you were granted asylum in the United States, a maximum of one year of your time in asylee status counts as permanent residence. If you waited longer than a year to apply for your green card (adjustment of status), that extra time will not do you any good—you will still need to wait another four years after your green card approval before applying for U.S. citizenship.
Liberians who obtained green cards through the Liberian Refugee Immigration Fairness program (LRIF) will also benefit from rollback. Your green card will show the date that USCIS considers you to have become a U.S. permanent resident for citizenship purposes.
In recognition of the rollback doctrine, USCIS will "back date" your green card—that is, actually put your date of U.S. entry (if you were a refugee) or the date one year before your green card approval (if you were an asylee) on your green card, in the space for the date you became a permanent resident. (See 8 C.F.R. § 209.2(f ).)
So, whatever you do, do not look at the date on your card and expect to be apply to apply for U.S. citizenship four years later. The date placed there should make it convenient for you to count forward the required five years before you submit an application for U.S. citizenship.
One more helpful bit of guidance, if you’re eager to apply for U.S. citizenship: You can turn in your citizenship application (USCIS Form N-400) 90 days before your required years of permanent residence have passed. This 90-day period compensates for the fact that USCIS might not act on your application (call you in for a naturalization interview) for at least that amount of time.
If you have any further questions about your eligibility for U.S. citizenship, see the How to Become a U.S. Citizen section of Nolo’s website or consult an experienced immigration attorney.
]]>Although U.S. law does not explicitly mention ethnicity as one of the five protected grounds, it is nonetheless well-established in U.S. law (based on judicial and administrative decisions) that asylum and refugee protection applies to persons who have been or might be persecuted due to membership in an ethnic group. The distinction between this ground and some of the others (such as race and nationality), however, is not always clear.
This article clarifies the use of ethnicity as a distinct category. It also discusses forms and examples of ethnic persecution that could trigger asylum and refugee protections, as well as common difficulties that applicants to these statuses might encounter in attempting to prove their case.
An ethnic group is a social group typically identified on the basis of shared cultural history; especially linguistic history. It is similar to, and sometimes considered synonymous with, a national group. However, nationality (broadly defined to refer not necessarily to a group’s actual or potential citizenship but rather to its shared political history or aspirations) is a more modern category, often associated with independent states.
By contrast, ethnicity can be shared either within or across state and other political boundaries. For example, while many Kurds in Turkey and Iraq might have a strong desire for full political independence, few Quiché people living in Guatemala seem to have expressed such sentiments.
Ethnic groups are also often associated with racial categories (which are usually based on shared physical characteristics). This is because long lines of shared cultural history often run in close parallel with lines of shared ancestry and geographic origins. However, racial categories tend to be broader and vaguer, applying to multiple ethnic groups at the same time.
At the least, membership in an ethnic group would count as a form of membership in a particular social group, which, in the context of asylum and refugee law refers to people sharing some innate, unchangeable, or otherwise fundamental characteristic (such as native or ancestral language and others customs).
If you are claiming persecution on the basis of your perceived ethnic identity, you can always apply for protection under the “particular social group” category (though nationality or race might provide alternative grounds). Do not worry about the size or age of the group, or about the fact that you do not self-identify with it (if that’s the case). Focus instead on establishing your persecutor’s beliefs about the group.
The word “persecution” generally refers to serious threats or infliction of physical, psychological, or economic harm by one’s own government or by groups whom one’s government is either unwilling or unable to control.
There have been many examples of ethnic persecution throughout history. Genocides are the most dramatic; that is, systematic killings aimed at exterminating large numbers of people based on their membership in a particular group. (Such killings occurred, for instance, in Burma in 2016 and 2017, when the Burmese military committed planned atrocities against the Rohingya, in Rwanda in 1994, when Hutu militia targeted Tutsis, and in Germany during World War II, when the Nazi government targeted persons of Jewish descent, among others they deemed "undesirable.") Clearly, people who escape genocide are eligible for asylum or refugee status.
However, ethnic persecution need not take such radically violent forms to trigger asylum or refugee protections. As in cases of racial persecution, severe and persistent forms of ethnic discrimination (including denials of basic human rights, or even basic civil rights such as the right to vote) can also qualify victims for asylum or refugee status in the United States. Such discrimination need not be explicitly aimed at hurting the affected group; proving that the negative impact or enforcement of a seemingly neutral law falls disproportionately on the group may suffice, although this can be a harder case to make.
Nor need the persecution be widespread. If you have been beaten, threatened, or otherwise individually targeted by government agents or other groups based on your ethnicity, you could focus on describing the particular circumstances of your case. Nonetheless, evidence of a larger pattern of persecution would strengthen your case.
As in all cases of people seeking asylum or refugee status, claims of persecution based on ethnic group must establish a causal link (or “nexus”) between the ethnic identity and the persecution. This can be straightforward in some cases. However, in others—particularly situations involving civil strife—proving that the harm suffered was not incidental or random can be unexpectedly difficult.
For example, if, during a civil war, you have been caught in a cross-fire, or you have participated in the conflict (as a belligerent, regardless of whether or not you have persecuted anyone else), you might not be eligible for asylum or refugee status.
In addition, although, in most cases where group identity is the basis for an asylum or refugee claim, such identity need only exist in the eye of the persecutor, an argument could be made that, unlike other categories such as race and religion (which both defy rigorous definition), ethnicity is subject to more objective identification. This could mean, in practice, that less well-known ethnic group identity claims are somewhat less likely to be recognized.
Finally, you should expect a somewhat more difficult case if claiming persecution based not on your misclassification as a member of a particular ethnic group, but rather based on your association in other ways with members of the group. (This might apply in cases of interethnic dating, for example.)
An experienced immigration attorney can be hugely helpful in evaluating the strength of your asylum claim based on ethnicity, drafting affidavits, preparing witnesses, and accompanying you to in-person interviews or court hearings. Also see Applying for U.S. Asylum: How Much Will It Cost? and How to Get a Lawyer to Represent You Pro Bono (Free) in Immigration Court Removal Proceedings.
]]>This article will focus on whether your sexual orientation—that is, whether you identify as gay, lesbian, transgender, bisexual, intersex, genderqueer, non-binary, asexual, or otherwise fall into the category often called LGBTQIA—could match one of these five grounds. The best bet is usually to claim membership in a particular social group as the basis for an asylum claim, though it's important to remember that you can choose more than one ground.
(For more information on basic eligibility for asylum, see Asylum or Refugee Status: Who Is Eligible? and 8 U.S.C. § 1158.)
First, let's clear up a matter of word usage. The word "refugee" is a broad one when it comes to who the United States will offer protection to. But procedurally, a refugee is only someone who applies for protection from overseas, through the United Nations High Commissioner for Refugees (UNCHR), and who is then assigned to the United States.
Applying for asylum is the only option for someone who is already in the United States, whether they arrived legally, such as with a visa, or illegally, such as by crossing the border without permission.
No, we're not talking about a party or group of friends here. A "social group" is the most expansive of the five grounds for asylum, and many categories of people can fit within its definition. It is largely up to you to name or define the group you claim to belong to. The immigration judge or asylum officer will look at whether the members of the group you are crafting have an immutable characteristic: in other words, have a trait that either cannot be changed or one that is so fundamental to who they are that they should not be required to change it (see Matter of Acosta, 19 I&N Dec. 211 (B.I.A. 1985)).
U.S. courts have found sexual orientation to be a recognizable social group, specifically saying that homosexuals and transgender people constitute a social group for purposes of claiming asylum. Some of the early decisions on this include Matter of Toboso-Alfonso, 20 I&N Dec. 819 (B.I.A. 1990), Pitcherskaia v. INS, 118 F.3d 641 (9th Cir. 1997), and Hernandez-Montiel v. INS, 225 F.3d 1084 (9th Cir. 2000)).
Later cases have continued to uphold or follow this "social group" finding, such as Ayala v. U.S. Attorney General, 605 F.3d 941 (11th Cir. 2010), which concerned a Venezuelan gay, HIV-positive man; Todorovic v. U.S. Atty. Gen., 621 F.3d 1318 (11th Cir. 2010), which concerned a Serbian gay man; Doe v. Att’y Gen. of the U.S., 956 F.3d 135 (3d Cir. 2020), which concerned a gay man from Ghana; and Xochihua-Jaimes v. Barr, 962 F.3d 1175 (9th Cir. 2020), concerning a lesbian woman from Mexico.
This is not to say that all cases of LGBTQIA-based asylum result in approval; just that the denials are usually based on issues such as failure to prove the facts alleged, or failure to prove other important elements of an asylum claim, such as a that a violent event wasn't a one-time concern, in a country where the police normally protect gay people as much as anyone else, and where there's no reason to fear future persecution.
None of the U.S. court cases to date have upended the core finding that an LGBTQIA identity can be considered a social group for asylum purposes.
Depending on which immigration judge or asylum officer you meet with, proving that you fit somewhere within the LGBTQ definition can be challenging. You'll want to submit copies of any relevant documents with your application for asylum and bring the originals to the hearing or interview. (See Preparing Persuasive Documents for Your Asylum Application.)
These documents might include, for example, a new birth certificate after sexual reassignment, a marriage certificate that demonstrates you are married to someone of the same gender, photos of you at events with your partner(s), or membership cards for relevant organizations or known gay clubs or bars. You can also submit sworn affidavits from people who know you or with whom you've been partnered.
The immigration judge or asylum officer will likely question you about whether you are truly lesbian, gay, or whatever sexual orientation or identity you have claimed. These questions should be meaningful without being inappropriate. All questions should be specific for your case and not generalized.
For example, if you testify that you are living openly in your country and that you are active in the gay community, it would be reasonable for you to, when asked to, name gay rights organizations, publications, or certain clubs in your area. If you testify that you have been living a closeted life in your country, you would not necessarily be able to name these organizations or clubs—but should be ready to explain or show how that affected your life.
If you were loud and proud about your identity, whether that meant volunteering for a gay rights group, leading a pride parade, or writing media articles or social media posts that were widely viewed, you could be viewed as having expressed a political opinion. If the authorities in your country viewed that opinion as offensive and persecuted you accordingly (or you reasonably fear they will do so in the future), that too could be a ground upon which to base your asylum claim.
See Claiming Asylum Based on Persecution on Account of Political Opinion for more information.
Mere harassment or personal affronts, such as a classmate calling you names or family members refusing to invite your partner to celebrations, probably won't be enough to support an LGBTQ-based asylum claim.
As discussed in What Counts as Persecution When Applying for Asylum or Refugee Status, you will need to show more serious physical or emotional harm, such as threats of violence, severe discrimination, or unwanted medical or psychiatric treatment, including efforts to "cure" you of your identity.
Assuming you can prove that your known membership in the LGBTQ community makes you a member of a particular social group, you will have to show that the persecution you suffered or fear is on account of this. Provide details about what happened to you on your application for asylum (Form I-589) and during your in-person testimony. Completely describe incidents you experienced, including names, dates, and why you believe the harm is tied to your being gay, lesbian, transgender, or something related.
Don’t forget to submit country-condition information to show that homosexuals and/or transgender persons are persecuted in your country. You can submit copies of any laws, reports of incidents in newspapers, or statistics compiled by organizations. Have a look at the U.S. Department of State Country Reports on Human Rights for information that might support your claim. Nonprofit organizations dedicated to LGBTQIA rights, such as Immigration Equality, also offer helpful materials on country conditions.
Your application, documents, and testimony will be assessed for detail, consistency, and plausibility. If the judge or officer finds that you have presented a coherent, detailed, consistent, and plausible story that explains how your past persecution or well founded fear of future persecution was on account of your sexual orientation, you can be granted asylum even without specific proof or documents.
The opposite is also true, however. If the asylum officer or judge doesn't believe what you're saying, your claim can be denied. For more on how to prepare, and on demonstrating your credibility, see Chances of Winning a Grant of Asylum in the U.S.
If you've determined that you'd like to apply for asylum because you are afraid to return to your country of origin owing to persecution you fear or experienced there, you'll find an overview of the application procedure in How to Prepare an Affirmative Asylum Application.
Don't delay. U.S. law requires that you submit this within one year of entering the United States, though exceptions do exist, particularly for changed circumstances. If, for example, your country recently passed a law criminalizing homosexual behavior, or you have just realized or acted upon your true identity, those could be grounds for a late submission of your Form I-589 for asylum.
It is always a good idea to consult with an immigration attorney when thinking about filing an application for asylum. There are even immigration attorneys who specialize in serving people within the LGBTQ community. And if you're low-income, be sure to read How to Get a Lawyer to Represent You Pro Bono (Free) in Immigration Court Removal Proceedings.
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