Are you persecuted? Do you fear persecution in your current location (country)? If yes, then you may seek asylum status in the U.S.
An asylum is a form of protection that is granted to people who have been persecuted or are frightened they’ll be persecuted on account of race, caste, religion, nationality, membership in a specific social group, or political opinion. These people who seek refugee status or asylum in the United States are of special humanitarian concern to the U.S.
You may apply for asylum in the U.S. irrespective of your country of origin or your current immigration status. Asylum status is available to people who:
- Meet the definition of refugee
- Are already residing in the United States
- Are seeking admission at a port of entry
Overview of Asylum
You’ve to meet certain requirements to apply for asylum. The filing of the application can be done only if
- you’re physically present in the U.S.
- you aren’t a citizen of the U.S.
It’s to be noted that only affirmative asylum applicants can choose to file an online Form I-589. However, there are conditions applied. These affirmative asylum applicants may not file the form if they:
- are under proceedings in immigration court or before the Board of Immigration Appeals.
- are an unaccompanied alien child {as defined in 6 U.S.C. § 279(g)} and are in removal proceedings.
- belong to the category of applicants who must file by mail with the Asylum Vetting Center as outlined in the Special Instructions section of our Form I-589 webpage.
- have already submitted Form I-589 with USCIS which is still under the status of being ‘pending’.
Having gained the eligibility for asylum, you may be permitted to remain in the U.S. For applying for asylum affirmatively or defensively, you must file a Form I-589 (Application for Asylum and for Withholding of Removal) within one year of your stay in the U.S. Your spouse or children who are physically present in the U.S. can be included as dependents on your affirmative or defensive asylum application at the time you file or at any time until a final decision is made on your application. However, if you’re willing to include your child as a dependent on your application, the child must be unmarried and under 21 years old. File a Form I-730 (Refugee/Asylum Relative Petition).
In case, your asylum application is pending with USCIS, you can check its status at Case Status Online. The receipt number that is given to you after you file your application must be ready with you.
Types of Asylums
There are two ways to claim asylum in the United States based on removal proceedings:
- Affirmative Asylum: It’s a form of protection that allows individuals who are already in the U.S. to apply for asylum regardless of their current immigration status. This process is for people who aren’t in removal proceedings and permits them to proactively seek protection because of fear of being persecuted in their home country. If the USCIS asylum officer denies the application, the individual is then placed in removal proceedings and can renew the asylum request through the defensive process, presenting their case before an immigration judge.
- Defensive Asylum: It’s a form of protection sought by individuals who are in the U.S. and are encountering removal proceedings. It’s a process where individuals can request asylum as a defense against deportation. This occurs when an individual applies for asylum as a defense against removal from the U.S. during a hearing in immigration court, typically after being apprehended at the border or when their visa status has expired. The application must be filled with an immigration judge at the EOIR (Executive Office for Immigration Review).
Besides defensive asylum, there are other forms of protection in the U.S.
- Withholding of Removal: Withholding of removal is a form of protection that allows individuals to remain in the United States if they can demonstrate that it is more likely than not that they would face persecution or harm in their home country. Unlike asylum, withholding of removal does not provide a path to permanent residency or citizenship, but it does protect individuals from being removed to a country where they would face persecution.
- Relief under the Convention Against Torture (CAT): It’s a form of protection available to individuals who can demonstrate that they would more likely than not be tortured if they were returned to their home country. This protection is available regardless of the individual’s immigration status and provides a defense against deportation. If granted, individuals are not removed to a country where they would face torture.
Restrictions
Notably, a few restrictions can severely affect your eligibility to apply for asylum. These are also called “bars” to asylum. You may not be eligible to apply for asylum if you:
- Haven’t followed the one-year filing deadline for Form I-589, Application for Asylum and for Withholding of Removal. The one-year deadline is calculated from the date of your last arrival in the U.S. or April 1, 1997, whichever is later.
- Had a previous asylum application denied by an immigration judge or the Board of Immigration Appeals.
- Can be deported to a safe third country under a two-party or multi-party agreement between the United States and other countries.
There are exceptions to these restrictions (bars) for “changed circumstances” or “extraordinary circumstances.”
Permission to work in the United States
To apply for an Employment Authorization Document (EAD) based on your pending asylum application, you must file Form I-765, Application for Employment Authorization, with the U.S. Citizenship and Immigration Services (USCIS). Besides, you must include supporting documents such as a copy of your I-589, Application for Asylum and for Withholding of Removal, the receipt notice for your asylum application, and any other required evidence or documentation. It’s important to adhere to the instructions provided by USCIS and submit the necessary fees, if applicable. You’ll not be counted eligible to receive an EAD until your asylum application has been pending for at least another 30 days, for a total of 180 days, widely cited as the 180-Day Asylum EAD Clock.
Delays that you may request or cause, however, do not count toward the 180-day eligibility period, and may include, but are not limited to,
- requesting additional time to gather evidence,
- asking to transfer a case to a new asylum office or interview location, including when the transfer is based on your change of address
- failing to appear at an interview or biometrics appointment
- rescheduling interviews or hearings due to valid reasons
- submitting large volumes of evidence immediately before an interview that requires a reschedule
- failing to provide a competent interpreter at an interview (if necessary)
- failing to receive and acknowledge an asylum decision in person (if required)
Be cautious, because if you’re denied asylum, your employment authorization will terminate when your EAD expires or 60 days after the denial, whichever is later.
Filing for permanent residence (Green Card)
After the completion of one year of being granted asylum, you’ll be approved for a green card. For that, you must file a Form I-485, Application to Register Permanent Residence or to Adjust Status. For yourself and your family members who will be acknowledged derivative asylum based on your application, you must submit a separate Form I-485.
Conclusion
You must have understood, that asylum is a type of protective status that is granted to people who’ve been persecuted or are intimidated with the fear of being persecuted on account of race, caste, religion, nationality, membership in a specific social group, or political opinion. There are conditions applied to file an asylum application i.e. one must be physically present in the U.S. and s/he must not be a citizen of the U.S. The asylee can petition to bring his/her spouse or children to the U.S. within two years of being granted asylum unless there are humanitarian causes for the excuse of the deadline. Interestingly, no fee will be charged.
References
https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum