People who are given asylum or refugee status receive special legal protections under U.S. immigration law. If you think you are eligible for these protections (see Asylum or Refugee Status: Who Is Eligible?), you will need to follow the requirements of the asylum or refugee status application process and prove your case to the U.S. government.
One key difference between applications for asylum or refugee status is where you apply from—refugees must apply from outside 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. Here is an overview of the application process for asylum or refugee status.
WARNING: Applying for asylum at a U.S. border has become virtually impossible under the Trump administration. Most recently, citing coronavirus (COVID-19) concerns, it is allowing U.S. border agents to “expel” anyone apprehended between valid ports of entry or who arrives at a port of entry without entry documents, without conducting the credible fear screening that the law requires. This order will extend at least through May 20, 2020. Also, even before the pandemic began, proposed changes by the Trump Administration sought to deny applicants for asylum at a U.S. border the credible fear interview that could lead to asylum. See Asylum Ban 2.0. The matter is currently in litigation. The below descriptions of border processing refer to how it normally occurs, or occurred.
To apply for refugee status, you must receive a referral to the U.S. Refugee Admissions Program (USRAP) for consideration as a refugee.
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 identified by the U.S. refugee program. The third priority is family reunification—giving refugee status to people from certain countries who are 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 the details of what has 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 may entitle you 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.
Applying at U.S. borders and entry points. If you're 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, however, the U.S. 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. At that point, under the Trump Administration, it's possible you will (if you're at the Southern border) be sent back to Mexico or another country. Or you might be put into a detention facility while you wait to be sent to a "credible fear" hearing, hopefully with a USCIS asylum officer (though the Trump Administration has been assigning regular Customs and Border Protection officers to this task). How long it will take to get that interview depends on current backlogs.
Not even the asylum officer has the power to approve your request for asylum at that point—only to decide whether you truly seem to be afraid of persecution and, therefore, deserve to have an immigration judge hear your case. If you convince the asylum officer that you have a credible fear of persecution, you'll get the chance to see an immigration judge and hopefully convince him or her that you qualify for asylum in the United States.
If the asylum officer doesn’t believe you have a significant possibility of making a successful asylum case, you will be removed from the U.S. (deported) unless you ask an immigration judge to take another look at your circumstances. If you do, the judge must make a decision within seven days. If the judge disagrees with the asylum officer and believes there is some possibility that you could make a successful asylum case, you’ll get that chance in a later hearing in immigration court, possibly before a different judge. But if the judge agrees with the asylum officer that you have no chance of a successful asylum claim, you will be removed. There is no appeal from the judge’s decision.
Applying in the U.S. 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.
Also consider applying for backup forms of relief, such as Withholding of Removal, or protection under the Convention Against Torture.
It's also wise to include 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 affiliation 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 that 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.
You'll 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.
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.
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). Or you can use Nolo's Lawyer Directory to browse in-depth profiles of immigration attorneys near you.