How to Apply for Asylum Immigration Status

There are two ways to apply and be approved of asylum status in the United States.  Aliens who is afraid to return to return to their countries because they fear government persecution can apply for asylum from US Citizenship & Immigration Services (USCIS) affirmatively.  Or, aliens who are afraid to return to their home countries and is in the process of being deported in immigration court can apply for asylum with the immigration judge.  Applying for asylum in immigration court is considered defensive asylum because its purpose is to stop deportation of the alien.  Please note that one can apply for asylum only if physically present in the United States.  Asylum applications can also be submitted at the port of entry when the alien first arrives.

Affirmative Asylum Application with USCIS

In the affirmative asylum process, aliens who are physically present in the United States, regardless of how they arrived or their current immigration status, may apply for asylum.  They affirmatively apply for asylum by submitting Form I-589, Application for Asylum and Withholding of Removal) found on USCIS website.

Summary of Asylum Application Process

Asylum applicants file Form I-589 with supporting documentary evidence by mailing the items to USCIS by certified mail.  Asylum applicants will be interviewed in a non-adversarial manner by an USCIS asylum officer. Asylum interviews take place at one of many asylum offices in the United States.  Sometimes, when the asylum applicant lives far away from any of the USCIS asylum offices, an interview can be scheduled in the local asylum offices closer to the asylum applicant’s residential address.

Summary of Asylum Application Processing Time

Normally, an affirmative asylum application is reviewed and by USCIS within 50 days from the filing of Form I-589, and a decision to grant asylum immigration status is received within 2weeks after the interview.

What Will Happen To My Immigration Status if My Asylum Application Was Denied?

If the asylum application is denied, depending on whether the applicant is in legal status, the USCIS Asylum officer will issue Notice to Appear to the asylum applicant.  The Notice to Appear will instruct the asylum applicant to attend removal hearing in immigration court, where the immigration judge will have the power to conduct additional review of the alien’s asylum application and supporting evidence.

If your case is denied by USCIS in one of the asylum offices, wait for the case to be transferred into immigration court, and hire an immigration lawyer to represent you in court.

If the asylum applicant is still holding another valid immigration status (such as F-1 or B-2), then the USCIS asylum reviewing officer will not issue the Notice to Appear because the applicant is still in legal status.

Can I bring my immigration attorney and an interpreter to the asylum interview?

Asylum applicants may bring immigration attorney to the asylum interview.  If the asylum applicant does not speak English, he or she has the responsibility of brining an interpreter to the asylum interview.  The advantage of bringing an immigration attorney is that improper questions from the USCIS asylum officer may be avoided to achieve a fair asylum interview.

Asylum Applicants Must Meet The One-Year Deadline

Asylum applicants should present themselves to the immigration authorities and file Form I-589 without delay.  Asylum applicants must apply for asylum within one year from the date of last arrival in the United States, unless they can show in immigration court that

1. Changed circumstances that materially affect their eligibility or extraordinary circumstances relating to the delaying in filing, AND
2. They filed within a reasonable time given those circumstances.

Defense Asylum Application in Immigration Court

Immigration judges under the Executive Office for Immigration Review have the power to review asylum applications filed with immigration court.  These asylum applications in immigration court are referred to as defensive asylum application because the alien (called the respondent in immigration court) request asylum as a defense against removal from the United States. Immigration judges hear such cases in adversarial proceedings: the judge hears the applicant’s claim and also hears any arguments about the applicant’s eligibility raised by the U.S. government, which is represented by an attorney from Immigration & Custom Enforcement.

How to file applications for defensive asylum in immigration court

Aliens generally are placed into defensive asylum processing in one of two ways:

1. They are referred to an immigration judge by the immigration officer from the USCIS after a finding of ineligibility at the conclusion of the asylum applicant’s affirmative asylum process, or
2. They are placed in removal proceeding for asylum because they were (a) apprehended in the United States or a a U.S. port of entry without proper legal documents or in violation of their status, or (b) were caught trying to enter the United States without proper documentation and were placed in the expedited removal process and found to have a credible fear of persecution or torture by an asylum officer.  For more information, read more about creditable fear interview.

How to Get a Work Permit With a Pending Asylum

To get a work permit based on a pending asylum application, the I-589 must be left waiting for more than 150 days or more with no initial decision on the asylum application from the USCIS asylum office.  Given the short processing time for asylum application with USCIS, most asylum applicants do not receive the work permit because their Form I-589 is decided before the 150 day.  However, if the initial asylum application is not approved by USCIS and the alien is referred to immigration court for the immigration judge to review the asylum application, the asylum applicant most likely will have enough time to work and save up money to pay for an immigration lawyer.

Asylum applications have a clock, and applicants can call the Immigration Court Toll Free Number 1800-898-7180 to look up the days on the clock. When the number of days passes 150, the asylum applicant can submit the work permit application.  Please note that the clock can be stopped if the asylum application is delayed by the asylum applicant’s own actions. Mistakes from the government are commonplace. If an applicant finds the asylum clocked stopped for no reason, write a letter to the immigration court administrator to get the clock fixed.

Legal Assistance with Asylum Application Preparation

To learn more about how to properly prepare for a winning asylum application, please contact immigration attorney direct line (949)228-3922 or email me at attorney@lawofficesofjackcsung.comto receive a free consultation with immigration attorney.  Office hours are Monday to Saturday from 9:00AM to 9:00PM, and email consultation are open 24 hours a day, 7 days a week.  Immigration law office located at 2975 Wilshire Blvd. Suite 352 in Los Angeles, California.  Free immigration consultation and advice within 24 hours guaranteed.