If you face persecution on returning to your country of origin, you may be wondering how to apply for asylum in the U.S. You may be able to apply by proving this persecution or previous persecution. By seeking asylum, you may be able to become a lawful permanent resident (LPR) in the U.S., enabling you to live and work in this country.
For help with applying for asylum and other immigration matters in Chicago, consult an asylum immigration attorney at Cho Immigration Law by calling 312-853-3088.
Asylum Requirements for Immigrants
To qualify for asylum in the U.S., there are certain requirements you must meet under immigration law, including:
- Proof that you face persecution due to certain protected characteristics, such as your race, political beliefs, religion, gender, sexual orientation, disability, or others.
- Evidence of the type of persecution you would face, such as serious violence or jail time.
- Proof of the identity of individuals or entities who will persecute you for your protected characteristics, such as political organizations, gangs, or others.
- Documentation detailing previous persecution attempts, if applicable.
The Asylum Process Timeline
Every year, U.S. Citizenship and Immigration Services (USCIS) and other government agencies provide protections for asylees in the U.S. to escape persecution. In a recent year, the government protected 54,350 asylees to help them live and work in the U.S. as LPRs and citizens.
The asylum process is complex, and there are challenges immigrants face, depending on the nature of your asylum and qualifications. Generally, it can take anywhere from a few months to a year for the asylum process to complete, with the length varying from case to case.
The following is the basic timeline for the asylum process according to the steps that USCIS details:
1. Arrive in the U.S.
The first part of the asylum process involves traveling to the U.S. Once you enter the country, you can begin the asylum process and submit the necessary documentation.
2. Apply for Asylum
The next step is to apply for asylum, which begins by completing Form I-589, Application for Asylum and for Withholding of Removal. While USCIS typically requires asylum applicants to complete this form within one year of arriving in the U.S., there are some reasons why USCIS may extend this deadline, such as a serious disability or another “extraordinary circumstance” preventing the applicant from filing on time.
After receiving your completed Form I-589, USCIS will send you two notices, including an acknowledgment of receipt and a date and location to submit fingerprints.
3. Submit Biometrics and Background Checks
Based on the USCIS notice, you should visit the nearest application support center (ASC) to submit your fingerprints for identification. USCIS will also conduct a background and security check to determine your criminal history and whether this will affect your ability to qualify for asylum. Asylum applicants don’t need to pay the typical charge for fingerprinting.
4. Attend an Interview With Immigration Officials
You’ll receive a notice to attend your interview with a USCIS asylum officer. There are documents you’ll need to provide and questions you’ll need to answer during this interview, so it’s important to prepare beforehand to keep the interview process smooth.
Your spouse and children must accompany you to your interview if they also need asylum benefits through your asylee status.
If you need help preparing for your interview, you can receive assistance from an experienced asylum immigration lawyer. An attorney can work with you to prepare documents and rehearse answers to the types of questions that officials are likely to ask. In addition, an attorney could be present during the interview.
You can expect the interview to take around one hour to complete, but the interview could take more or less time, depending on the situation.
5. Await Review and a Decision
Following your interview, the official will review your application and interview responses to confirm whether you apply for asylum. This process normally takes around two weeks after the interview, but it could take longer under certain circumstances, such as when applicants are still waiting for security checks to go through.
USCIS will then send you a notice detailing the decision from an immigration judge. If USCIS approves your application, you can gain LPR status and, in many cases, qualify for citizenship.
What Documentation Do You Need to Apply for Asylum?
It’s important to know how to apply for asylum in the U.S. with the right documentation. There are several documents you’ll need to help support your application when submitting Form I-589. These documents include:
Identification Documents
You will need to provide a form of official identification, such as a birth certificate or passport.
Proof of Citizenship
You will need documentation proving that you are a citizen of your country of origin, which could include identification documents.
Documentation Showing Your Affiliation With a Persecuted Group
In showing how you face persecution in your country, you will need to prove your connection with a persecuted group. This documentation could include membership cards, baptismal certificates, cover letters, school records, or letters from religious organizations, among others.
Proof of Relationships With Asylum Beneficiaries
If you plan on moving to the U.S. with a spouse and children, you will need documents proving your relationship with these individuals. For instance, you could prove your marriage with a marriage certificate and that you are the parent of your children with birth certificates.
Employment Documentation
In the event you lose work because of persecution in your home country, you will need to provide documentation that shows how this discrimination led to your dismissal.
Criminal Records
You will also need to provide documents detailing your criminal history, including instances when persecution led to arrests or convictions. These documents could include records of arrests, court proceedings, detentions, and searches.
Relevant News Media
To prove either the potential for persecution or past persecution, you should provide news stories or other types of media that detail this persecution. For example, if you, your family, or a group of similar individuals to yourself appeared in news articles or footage proving persecution, this evidence can show how you risk persecution by returning to your country.
Family or Witness Affidavits
If friends, family, or other witnesses can help prove an instance of persecution, it’s ideal to have these individuals provide affidavits detailing precisely what they witnessed. If the affidavit is in a foreign language, you will also require a translation.
Witnesses can also be present during your interview with an asylum official to support your statements and their own affidavits.
Can You Appeal an Asylum Application Denial?
In some cases, asylum officials deny asylum applications, either due to insufficient qualifications or errors during the review process.
If a denial takes place in your case, you may appeal the decision through either the USCIS Administrative Appeals Office (AAO) or the Board of Immigration Appeals (BIA). If you wish to appeal with the BIA, you will need to do so within 30 days of receiving your notice of denial. If you’re going through the AAO, it can take around 180 days for this appellate entity to review your case.
There are several occasions when you may appeal a decision to deny your application. For instance, you may appeal an immigration judge’s decision if:
- The judge committed a procedural error
- You obtain new evidence to support your case that wasn’t available during your initial application
- The immigration judge committed an error, such as failing to correctly apply the law
- You believe an immigration official or judge was guilty of bias that influenced his or her decision to deny your application
Ultimately, an immigration attorney may be able to help you appeal the court’s decision in the event of a denial.
Get Help from an Asylum Lawyer
The process of applying for asylum can be complex, and there are many immigration myths that could make some reluctant to seek asylum or otherwise enter the U.S. An attorney can answer any questions you have about the asylum process and what you can expect.
In addition, an experienced attorney could help with other aspects of immigration. Other types of immigration cases lawyers handle include changes of status, naturalization, and removal or deportation, among others. Having legal guides by your side could help you beyond guiding you on how to apply for asylum.
Need help from a knowledgeable asylum immigration attorney in Chicago to help with your case? The legal team at Cho Immigration Law is here for you as soon as you need us. Contact us today to learn more about how we can help in an initial consultation.