US Asylum Process: How To Apply & What To Expect
20 February 2025Introduction: What is Asylum & Why It Matters
Asylum is a legal protection granted to individuals fleeing persecution in their home countries. The US offers asylum to individuals who can prove they face threats due to race, religion, nationality, political opinion, or membership in a particular social group. With thousands of asylum seekers applying every year, understanding the process is essential for anyone looking to secure their safety in the US.
In this guide, we’ll break down the asylum application process step by step, covering eligibility, required documents, interview preparation, and possible outcomes.
Who Qualifies for Asylum in the US?
Not everyone qualifies for asylum, and proving eligibility is one of the most challenging aspects of the process. According to US immigration laws, you must meet the following criteria:
- Fear of Persecution – You must demonstrate that you have a well-founded fear of persecution in your home country.
- Protected Grounds – Persecution must be based on one of the five protected categories:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group (e.g., LGBTQ+ individuals, women facing gender-based violence)
- Timely Filing – You must apply within one year of arriving in the US, unless you can show extraordinary circumstances preventing timely filing.
- No Disqualifications – If you have been convicted of serious crimes or are considered a threat to US security, you may be ineligible.
Step-by-Step Asylum Application Process
Applying for asylum involves multiple legal steps. Here’s a breakdown:
Step 1: Filing Form I-589 (Application for Asylum)
- The first step is to complete Form I-589, Application for Asylum and for Withholding of Removal.
- Submit the form to USCIS (United States Citizenship and Immigration Services).
- There is no filing fee, making asylum different from other immigration applications.
- You can submit the form online or by mail. Read the instructions carefully.
Make sure to fill out all the fields of the form I 589. If the questions is not relevant, make sure to put N/A. Try to provide succinct answers to the questions starting from the page 5 of the form, rather than simply stating “See my statement for details.” It is important to submit your statement in support with your form I 589. Make sure it covers the reasons for your asylum claim, your government abiulity or inability to protect you, all incidents of harm you suffered in connection with the claim.
Step 2: Gathering Evidence & Supporting Documents
To strengthen your application, include:
- Personal statement detailing your persecution experience.
- Country condition reports.
- Witness statements.
- Medical reports (if applicable).
- News articles covering similar persecution cases.
Pro Tip: Submitting strong evidence improves your chances of approval.
Step 3: Biometrics Appointment
After submitting your application, USCIS will schedule a biometrics appointment for fingerprinting and background checks.
Step 4: Asylum Interview with USCIS
If applying affirmatively, you will be scheduled for an asylum interview at a USCIS asylum office.
- The interview focuses on your asylum claim, background, and credibility.
- Bring an interpreter if you do not speak English fluently.
- Your lawyer can accompany you but cannot answer on your behalf.
The interviewer will typically focus on the following areas: your decision to come to the US, its timing and information you provided to the US authorities if it involved a visa application; incidents of harm, reasons for the harm, the persons who inflicted the harm, and your subsequent actions; your efforts to seek justice in your home country, if any; your fear of going back to your home country, including potential harm to your family members, ability to relocate within your home country.
Step 5: Asylum Decision
After the interview, USCIS will issue a decision:
- Approval – You can apply for a green card after one year.
- Referral to Immigration Court – If denied, your case is sent to an immigration judge.
- Denial (with deportation risk) – If denied and not in lawful status, deportation proceedings may begin.
What Happens If Your Asylum Case is Referred to Immigration Court?
If USCIS does not grant your asylum, your case will be sent to an immigration judge for removal proceedings. You will have a chance to:
- Present your case before a judge.
- Submit additional evidence.
- Bring witnesses to testify on your behalf.
The judge will either approve your asylum or issue a deportation order.
Important: If denied, you may appeal through the Board of Immigration Appeals (BIA) or file a motion to reopen your case if the case was in Immigration court!
Can You Work While Waiting for Asylum?
You cannot apply for a work permit (EAD) immediately after applying for asylum. However, you may apply for work authorization after 150 days if your case is still pending. Your work permit will not be granted unless 180 days pass since the government accepted your asylum claim.
How Long Does the Asylum Process Take?
- Affirmative asylum cases: 6 months to several years.
- Defensive asylum cases: Several years, especially with appeals.
Tip: Due to backlogs, asylum seekers often wait years for a final decision.
Common Reasons for Asylum Denials
Asylum is not guaranteed, and many applications are denied due to:
- Lack of Evidence – Insufficient proof of persecution.
- Inconsistencies in Testimony – Conflicting statements harm credibility.
- Late Application – Missing the one-year deadline without a valid exception.
- Criminal History – Past convictions may lead to denial.
- Safe Third Country Rule – If you passed through a safe country before reaching the US, you may not qualify.
Your asylum application can be denied if the Asylum officer or the judge found you not credible (they did not believe your story); if they found you are subject to mandatory bars to asylum; you did not suffer past persecution or that you do not fear of future persecution. If your case has been pending for a long time, make sure to update your country conditions reports, and retain a country conditions expert!
How to Strengthen Your Asylum Case? How to Win Your asylum case
- Hire an experienced asylum lawyer for legal representation.
- Prepare a well-documented statement with clear details of past persecution.
- Submit strong supporting evidence, such as police reports, medical records, and witness testimonies.
- Be consistent in your interview and court testimonies.
Conclusion: Next Steps for Asylum Seekers
Applying for asylum in the US is a complex process requiring strong legal arguments and well-documented proof of persecution. If you are planning to apply, make sure to:
- File your application on time.
- Gather strong evidence.
- Seek legal help for a better chance of approval.
Need help with your asylum application? Consult an experienced immigration lawyer. Call us at 917-885-2261.
FAQs on Asylum in the US
1. Can I apply for asylum if I entered the US illegally?
Yes, you can still apply for asylum even if you entered the US without a visa or border inspection.
2. How long do I have to apply for asylum?
You must apply within one year of arrival, unless you qualify for an exception due to extraordinary circumstances.
3. What happens if my asylum case is denied?
If denied, you may face deportation, but you can file an appeal with the Board of Immigration Appeals (BIA).
4. Can I bring my family if granted asylum?
Yes, you can apply for your spouse and children to join you under derivative asylum status.
5. How soon can I apply for a green card?
Asylees can qualify for a green card (permanent residency) after one year of being granted asylum. It is possible to pre-file the application.
Consult an experienced asylum attorney, Alena Shautsova. Call us at 917-885-2261.