Do you feel threatened or face persecution in your country because of your ethnic identity, religious beliefs, nationality, political views, or participation in a particular social group? Is US humanitarian protection something that interests you? You may be able to apply for asylum in the United States if your answer is yes. Read on to learn about the requirements, processes, and paperwork involved in seeking asylum in the United States, as well as how to apply for protection here. We'll also address some of the most common queries regarding this topic.
In the United States, who can apply for asylum and what does that mean?
Those who can prove their refugee status under U.S. immigration law are eligible to apply for and obtain asylum in the United States. Individuals “who are unable or unwilling, owing to well-founded fears of persecution on account of their race, religion, nationality, membership of a particular social group or political opinions, to return to their country, and who are unable or refuse to do so owing to such fears” are defined as refugees. Under this law. They enjoy the protection of this country.
How may one go about requesting asylum in the United States?
Both the positive and defensive asylum applications processes are available in the United States. Those who apply to USCIS who are not currently subject to removal proceedings by the EOIR are eligible for affirmative action. People who are subject to deportation procedures before EOIR can employ the defensive strategy by claiming asylum to prolong their stay in the United States.
This piece will center on the constructive process of seeking refuge, which entails the following actions:
1. Compile Form I-589
You can access this form, which is known as the Asylum and Suspension of Removal Application Form 2, on the USCIS website. Please ensure that this form is filled out accurately and truthfully and that you include all necessary information and supporting documents:
Personal data about you and your family members, such as your name, address, date of birth, nationality, and marital status.
Information regarding your journey to the United States, including the date, mode of entry, and purpose of your arrival.
Provide specifics regarding your domestic situation, including where you feel threatened or persecuted, and how it relates to one of the five factors listed above.
Details of any past applications for humanitarian protection in America or another nation.
Details of any crimes you have committed or any engagement in political or military groups in your country or overseas.
2. Include all necessary documents by attaching them
The following documents must be attached to your application with Form I-589:
As stated on Form I-589, please attach recent family portraits.
Legal documentation (passport, immigration papers, and proof of identification) in duplicate.
You and any family members included on Form I-589 must provide copies of your birth, marriage, and divorce certificates.
A copy of any document required to apply for a visa, get temporary protection, or avoid deportation.
Medical, police, judicial, human rights, media, threatening letter, or personal certifications attesting to your refugee status are all acceptable forms of documentation.
Members of the persecuted or threatened group should bring copies of any documentation (such as membership cards, participation certificates, photographs, or videos) that demonstrates their affiliation with the group.
If you have been intimidated or persecuted because of your political beliefs, please include copies of any books, articles, pamphlets, statements, photographs, or films that support your viewpoints.
Please ensure that all papers that are not in English are translated into English and that you include copies of the translated documents alongside the originals. In addition, you need to include the translator's certification attesting to the accuracy and completeness of the translation as well as the translator's qualifications.
3: Send your application to the USCIS
You need to submit your application to USCIS using regular or registered mail after you've filled out Form I-589 and attached all necessary papers. This link will lead you to the USCIS address where you can submit your asylum application. It is mandatory to submit an application to both USCIS and EOIR. In addition to sending and keeping copies of whatever you have, please send copies of all associated papers.
4. Obtain a receipt notification from the USCIS
The United States Citizenship and Immigration Services (USCIS) will send you a letter after you submit your application to confirm receipt. The letter will also include an attachment of Form I-94, which proves your identification and presence in the US. An order-specific identifier known as the "A number" is included in this letter. These two pieces of information will be crucial in the next phases, so commit them to memory.
5. USCIS will notify you of an interview
A Refugee Identification Officer (RAO) from the Department of Homeland Security (DHS)will interview you when USCIS receives your application. Presenting your case for refugee status in an interview is your opportunity to do just that. The USCIS will send you a letter with all the details of your interview, including when, where, and what to bring. Here are some of the things:
A duplicate of the I-589 form along with all supporting paperwork.
Your original identification documents, immigration paperwork, and passport.
As stated on Form I-589, please attach recent family portraits.
Any updated supporting documentation, such as medical certificates or country reports, that you may have recently sent with your application.
If you are not fluent in English or if you have trouble hearing or speaking, an interpreter can be helpful. Bring a legitimate form of identification and make sure the translator is someone you trust. No member of your immediate family, personal friend, lawyer, or applicant can serve as your translator.
6. Meet with the RAO for an interview
The outcome of your asylum claim is decided at this interview, making it the most crucial step in the procedure. In order to avoid having your application denied, it is imperative that you show up for the interview at the designated time and place. You should expect the RAO to inquire about the specifics of your application, your reasons for requesting asylum, your background in your home country, and anything else pertinent to your case during the interview. Please provide clear and honest responses to all questions and provide proof to back up your request. Along with following the rules and regulations of your trade, you must treat the RAO with the utmost respect and trust.
7. RAO decision receipt
A recommendation, rejection, or approval of your application will be communicated by the RAO following the interview. A letter containing the decision and an attachment of the RAO decision will be sent to you by USCIS. Consider these scenarios:
Your application for refugee status in the United States has been approved if the outcome is an affirmative one. A document verifying your identification and refugee status, the Refugee Identification Card (I-94) will be issued to you. An Employment Authorization (EAD) will also be granted to you, granting you the right to work in the United States. You can also submit an application to seek the return of a spouse or children who are currently living outside of the United States. You are eligible to seek for US citizenship one year following the receipt of refugee status.
Your claim for refugee status in the United States has been denied if the decision is rejected. Your application will be forwarded to EOIR for judicial review; however, this does not imply that you will be deported from the United States. In their letter explaining the refusal, USCIS will also provide a copy of Form I-862, the document that starts the deportation process against you. Additionally, you will be sent a notice by EOIR that specifies when, where, and how you will be hearing your immigration case before a judge.
The RAO was unable to reach a final decision on your application; as a result, your case will be sent to the EOIR for judicial review if the ruling is a referral. This typically happens when you have issues with your legal status in the United States, such as a visa that has expired, unlawful entry, or a criminal record. If this is the case, USCIS will send you a letter outlining the referral's rationale and including Form I-862 as an attachment. Additionally, you will be sent a notice by EOIR that specifies when, where, and how you will be hearing your immigration case before a judge.
Keep your scheduled trial date with the immigration judge
The RAO will give you another opportunity to show that you are eligible for asylum in the United States if they reject or refer your application. An immigration judge, who reports to EOIR, will preside over this case. Your testimony, the RAO's testimony, and any witnesses you name will be heard by the immigration judge at this hearing. After reviewing all of the evidence you give, the judge will make a determination as to your asylum entitlement. If you do not show up to this hearing on the given date and at the given venue, your application will be dismissed without further consideration. During this class, you will need to:
If you are able to do so, choose an asylum lawyer. Volunteer organizations often offer low-cost or even free legal representation to asylum seekers who otherwise would not be able to pay one. Here is a link where you can see all of these groups. In order to prove that they are representing you, your attorney needs to register with EOIR and submit a copy of Form EOIR-28 before your trial hearing.
If you are not fluent in English or if you have trouble hearing or speaking, please bring an interpreter. Bring a legitimate form of identification and make sure the translator is someone you trust. No member of your immediate family, personal friend, lawyer, or applicant can serve as your translator.
Remember to bring the completed Form I-589 along with any supporting papers.
Remember to bring your original identification documents, immigration paperwork, and passport.
If you have any new documentation to back up your application, such as medical certifications or country reports, please bring these with you.
As evidence of your refugee status, bring over any witnesses you would like to present. Each witness is required to provide testimony in English or their native language and to present proper identification.
Your attorney, the attorney for the Department of Homeland Security, and the immigration judge will all interrogate you regarding the specifics of your claim, your reasons for requesting asylum, and your background in your home country, among other things. Please provide clear and honest responses to all questions and provide proof to back up your request. Additionally, remember to follow all norms and regulations of your trade and treat the immigration court, DHS attorney, and your lawyer with the respect and confidence they deserve.
9. Getting the immigration judge's ruling
The immigration judge will decide whether to approve, reject, or delay your application after the hearing. The decision and a copy of the immigration judge's ruling will be sent to you by EOIR in a letter. Consider these scenarios:
Your application for refugee status in the United States has been approved if the outcome is an affirmative one. A document verifying your identification and refugee status, the Refugee Identification Card (I-94) will be issued to you. An Employment Authorization (EAD) will also be granted to you, granting you the right to work in the United States. You can also submit an application to seek the return of a spouse or children who are currently living outside of the United States. You are eligible to seek for US citizenship one year following the receipt of refugee status.
Your claim for refugee status in the United States has been denied if the decision is rejected. This implies that, barring an appeal, you will be removed from the United States. An official document indicating that your application was rejected, Form I-862B, will be attached to the letter you get from EOIR, which will explain the grounds for the rejection. Additionally, DHS will notify you of the date and method of your deportation through a letter.
A deferral indicates that the immigration court was unable to reach a final decision regarding your application and has therefore scheduled a later date to do so. This is a common occurrence when additional information is required to assess your claim, such as witnesses, proof, or investigations. If this is the case, you can expect to get a letter from EOIR outlining the reasons for the application delay and including a copy of Form I-862C to prove it. Your next court hearing will be informed of the date, venue, and time via a letter you will receive from the EOIR.
10 If you feel the need to, appeal the verdict
You can take your case to the nation's highest administrative court for immigration matters, the Board of Immigration Appeals (BIA), if an immigration judge rejects your application. You have 30 days from the date the immigration court issued the decision to submit a copy of Form EOIR-26, the appeal form, to the BIA in order to file an appeal. Additionally, a $110 appeal fee is due or a waiver can be requested. Please ensure that you submit both the fee or waiver request and a duplicate of Form EOIR-26 to DHS and EOIR. Form EOIR-26 must be accompanied by a legal statement outlining the grounds for your appeal as well as the mistakes the immigration judge committed in his ruling.
Deportation proceedings will halt pending the BIA's ruling if you submit an appeal. Three immigration judges will review the decision of the immigration judge at the BIA and will decide whether to confirm, change, overturn, or reopen the decision. A copy of the BIA decision will be attached to the letter that informs you of the decision.
Your application for refugee status in the United States will be authorized and your appeal will be accepted if the BIA decision is affirmative. A document verifying your identification and refugee status, the Refugee Identification Card (I-94) will be issued to you. An Employment Authorization (EAD) will also be granted to you, granting you the right to work in the United States. You can also submit an application to seek the return of a spouse or children who are currently living outside of the United States. You are eligible to seek for US citizenship one year following the receipt of refugee status.
The denial of your appeal, permanent rejection of your application, and deportation from the United States are all consequences of the BIA's decision to reject your case. The BIA will send you a letter outlining the reasons for the rejection and including a copy of the official document that proves your application was rejected (Form I-862B). Additionally, DHS will notify you of the date and method of your deportation through a letter.
Postponement of the BIA's decision indicates that the agency was unable to reach a final determination regarding your application and will instead deliberate at a later date. This is a common occurrence whenever immigration law requires additional clarification, revision, or alteration. If this is the case, the BIA will write to you explaining the delay and including a copy of Form I-862C (the document that proves your application was delayed) in the envelope. Your next court hearing will be informed of the date, venue, and time via a letter you will receive from the BIA.
