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Asylum
(via USCIS
web-site)
Who is eligible for asylum?
Asylum may be
granted to people who are arriving in
or already physically present in the
United States. To apply for asylum in
the United States, you may ask for
asylum at a port-of-entry (airport,
seaport, or border crossing), or file
Form I-589
(Application for Asylum and for
Withholding of Removal), at the
appropriate Service Center within one
year of your arrival in the United
States. You may apply for asylum
regardless of your immigration status,
whether you are in the United States
legally or illegally.
You must apply for asylum within one
year of your last arrival in the United
States, but you may apply for asylum
later than one year if there are
changed circumstances that materially
affect your eligibility for asylum or
extraordinary circumstances directly
related to your failure to file within
one year. These may include certain
changes in the conditions in your
country, certain changes in your own
circumstances, and certain other
events.
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Who is ineligible to
apply for asylum? |
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You will be barred from applying for
asylum if you:
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A) failed to file an asylum
application (Form I-589) within 1
year of your last arrival in the
United States. Exceptions to this
rule: The applicant demonstrates
either the existence of changed
circumstances (ex: changes in
conditions in the applicant’s country
of nationality;) which materially
affect the applicant’s eligibility
for asylum or extraordinary
circumstances (ex: serious illness or
mental or physical disability,
ineffective assistance of previous
attorney) relating to the delay in
filing.
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B) previously applied for asylum and
your application was denied by the
Immigration Judge or Board of
Immigration Appeals (exceptions: you
may demonstrate that there are
changed circumstances mentioned in
above paragraph A which materially
affect your eligibility for asylum).
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C) could be removed to a safe third
country pursuant to a bilateral or
multilateral agreement.
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How and Where to apply
for asylum? |
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To apply
for asylum, you will need to complete
Form I-589 (Application
for Asylum and for Withholding of
Removal) and follow the
instructions carefully. The table
below summarizes where you will need
to file your Form I-589. See
8 CFR § 208.4(b).
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Circumstance |
Where to File Your Form I-589 |
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Applying for asylum for the first
time and have not been placed in
removal proceedings in
Immigration Court |
Service Center
that has jurisdiction over your
place of residence.
- Information about where to
send your application can be
found in the instructions to
Form I-589.
- USCIS will confirm in
writing its receipt of your
completed application.
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Previously applied for and were
denied asylum by INS or USCIS
Previously included in a spouse’s
or parent’s pending application
but no longer eligible to be
included as a derivative
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Asylum Office
having jurisdiction over your
place of residence.
- Information about the
jurisdiction of the asylum
offices can be found at the
Field Offices Home Page.
- Include a letter with your
application stating that you
previously applied for asylum
and were denied, or that you
are now filing independently
for asylum and reference the
application on which you were a
dependent.
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Currently in removal proceedings
in Immigration Court |
Immigration Court
having jurisdiction over your
place of residence.
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Certain crewmembers, stowaways,
individuals who entered the U.S.
pursuant to the Visa Waiver
Program and others described in
8 CFR § 208.2(c)
before Form I-863, Notice of
Referral to Immigration Judge,
has been filed. |
District Director
having jurisdiction over your
place of residence.
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There is no fee to apply for asylum.
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How long does the process
take?
The time frames below apply only
if you will be scheduled for an
interview at one of the eight
asylum offices. Time frames vary
for those who live far from an
asylum office because asylum
officers must travel to other
offices in order to conduct the
long-distance interviews.
The Immigration and Nationality Act
(INA) provides in Section
208(d)(5) that the initial
interview on asylum applications
filed on or after April 1, 1997
should take place within 45 days
after the date the application is
filed, and a decision should be
made on the asylum application
within 180 days after the date the
application is filed, unless there
are exceptional circumstances.
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Applicant files I-589 at the
Service Center |
Within 21 days of the filing
date |
Within 43 days of the filing
date |
Within 60 days of the filing
date |
Within 180 days of the filing
date |
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The filing date is the date the
complete application was
received at the Service Center.
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Applicant receives:
- Receipt notice that USCIS
received I-589
- Fingerprint appointment
notice
- Interview notice
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Applicant is interviewed at one
of the eight asylum offices,
unless applicant lives at a
significant distance from an
asylum office. |
Majority of applicants return
two weeks after the interview
to pick up the decisions on
their application, including
referrals to the Immigration
Court for final determination. |
Applicants whose cases have
been referred to the
Immigration Court receive a
decision on their applications |
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How my case is decided? |
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The Asylum
Officer or Immigration Judge
will determine if you are
eligible by evaluating whether
you meet the
definition of a refugee.
The definition, which can be
found in section
101(a)(42)(A) of
the Immigration and Nationality
Act (INA), states that a
refugee is someone who is
unable or unwilling to return
to and avail himself or herself
of the protection of his or her
home country or, if stateless,
country of last habitual
residence because of
persecution or a well-founded
fear of persecution on account
of race, religion, nationality,
membership in a particular
social group, or political
opinion. The determination of
whether you meet the definition
of a refugee will be based on
information you provide on your
application and during an
interview with an Asylum
Officer or at a hearing before
an Immigration Judge.
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Legal Definition
of Refugee |
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The
Immigration and Nationality Act
defines "refugee" in Sec.
101(a)(42)
as:
(A) any person who is outside any
country of such person's
nationality or, in the case of a
person having no nationality, is
outside any country in which such
person last habitually resided,
and who is unable or unwilling to
return to, and is unable or
unwilling to avail himself or
herself of the protection of,
that country because of
persecution or a well-founded
fear of persecution on account of
race, religion, nationality,
membership in a particular social
group, or political opinion, or
(B) in such circumstances as the
President after appropriate
consultation (as defined in
section 207(e)
of this Act) may specify, any
person who is within the country
of such person's nationality or,
in the case of a person having no
nationality, within the country
in which such person is
habitually residing, and who is
persecuted or who has a
well-founded fear of persecution
on account of race, religion,
nationality, membership in a
particular social group, or
political opinion. The term
"refugee" does not include any
person who ordered, incited,
assisted, or otherwise
participated in the persecution
of any person on account of race,
religion, nationality, membership
in a particular social group, or
political opinion. For purposes
of determinations under this Act,
a person who has been forced to
abort a pregnancy or to undergo
involuntary sterilization, or who
has been persecuted for failure
or refusal to undergo such a
procedure or for other resistance
to a coercive population control
program, shall be deemed to have
been persecuted on account of
political opinion, and a person
who has a well founded fear that
he or she will be forced to
undergo such a procedure or
subject to persecution for such
failure, refusal, or resistance
shall be deemed to have a well
founded fear of persecution on
account of political opinion.
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LEGAL DISCLAIMER
The information contained in this Site is
for general guidance on matters of
interest only. The application and impact
of laws can vary widely based on the
specific facts involved. Given the
changing nature of laws, rules and
regulations, and the inherent hazards of
electronic communication, there may be
delays, omissions or inaccuracies in
information contained in this Site.
Accordingly, The information on this Site
is provided with the understanding that
the authors and publishers are not herein
engaged in rendering legal advice and
services. As such, it should not be used
as a substitute for consultation with
professional competent legal counsel.
Before making any decision or taking any
action, you should consult "Bibicheff &
Associates" professional. |
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