How to Apply for Asylum in the United States

Applying for Asylum at a U.S. Border or Port of Entry

Arrive at a U.S. port of entry if you aren’t in the United States. Aside from U.S. territorial borders, ports of entry also include airports and seaports. When you arrive at a U.S. port of entry, there should be U.S. officials present to receive asylum seekers.

Ask to apply for asylum at the border or port of entry. If you do not have a visa that will allow you to cross the border, tell the U.S. officials that you fear returning to your home country and are claiming your right to apply for asylum. Be aware that asylum is only granted to people facing persecution due to their race, religion, nationality, membership in a particular social group, or political opinions. If an immigration officer asks you what grounds you have for asylum, make sure that you tell them that it’s due to your fear of persecution. Do not tell them that you are looking for economic opportunities, to reunite with family or friends, or for any other reason. If you do have a valid passport or visa that will allow you to cross the border, use this instead of claiming asylum at the border. You can claim asylum for a year after entering the country, and using a valid visa will make the process of entry much smoother.

Wait for a credible fear hearing. The immigration officials at the border may decide to send you to a detention facility while you wait for a hearing with another officer. During this hearing, the officer will ask you questions about your background and try to determine whether or not you have a legitimate claim for asylum. If immigration officials decide that you don’t have a basis to claim persecution, you will be given the opportunity to ask to appeal this decision with a judge. If a judge agrees with the officials, there is, unfortunately, no way to stay in the United States.

Follow the instructions of the immigration authorities. If an officer has determined that you have a valid fear of persecution, you’ll be permitted to enter the country. You may be given “check-in” appointments at which you will need to appear at an ICE office—be sure to attend all of these appointments, since failing to do so may mean deportation. Once you’ve been admitted into the country, you’ll need to work on putting together your application for asylum within a year. We’ll cover this information further on in this article.

Keep friends and family updated on your location. Stay in constant contact with friends or family so that they can keep tabs on you if you are placed in detention, either at the border or once you’ve entered the country. Having a friend or family member call ICE may help you leave detention sooner. Conditions in these detention facilities can be unpleasant. You may find yourself sleeping in uncomfortable conditions, without access to much food, and unable to take a shower. If your friends or family member are concerned about your location while in detention, they may be able to find out information by contacting Immigrations and Customs Enforcement (ICE). They can try using ICE’s online detainee locator (​​https://locator.ice.gov/odls/#/index) but be aware that this database may not be up-to-date. Your friends and family may also be able to find out information about you by contacting the consulate of your home government.

Qualifying to Apply for Asylum

Verify that you face persecution of the type recognized by courts. You may qualify for asylum if you flee your home country out of fear of persecution, as long as the persecution is sufficiently serious. This applies to those who have been persecuted in the past, or fear that they are likely to suffer persecution if they stay. Persecution includes, but is not limited to, physical violence, torture, genocide, slavery, threats, unlawful imprisonment, and discrimination. Your persecutors must be targeting you because of your race, religion, nationality, membership in a particular social group, or your political opinions.

Remain present in the United States. To apply for asylum, you must be physically present in the U.S. This means that you are already living in the U.S., or are seeking entry at the U.S. at a port of entry. It does not matter whether you are documented or undocumented.

Apply for asylum within 1 year of arriving, unless an exception applies. Applicants ordinarily must apply for asylum within one year of their arrival in the country. However, immigration courts recognize certain exceptions to this deadline: Changed circumstances. For example, you might learn that human rights conditions in your country have worsened since you left. This exception may apply if a new regime or gang has come to power and has threatened to harm your family if you return. Due to your health, you were not able to submit an application within 1 year. You previously submitted an application, but it was returned to you as incomplete, and you submitted a complete application within a reasonable time.

Make sure that you are not otherwise barred from applying. There are two main bars to eligibility in addition to the one-year deadline, but some exceptions may apply to your specific situation. You are barred from applying for asylum if you previously applied and your asylum application was denied. However, you may still qualify if circumstances have changed since you last applied. You may be barred from applying for asylum if the U.S. has an agreement with a third country to which you could be relocated instead. Contact an immigration attorney for more information on these agreements.

Completing Your Application

Determine whether you are filing "affirmatively" or "defensively." If you are initiating asylum proceedings voluntarily, then you are applying "affirmatively." If you are already facing removal from the U.S. and are in immigration court, you can apply for asylum as a defense to removal. This is called a "defensive" asylum application. The application process is substantially the same in both cases: the primary difference is that affirmative applications are reviewed during an interview with a UCSIS asylum officer, while defensive applications are decided by an immigration judge.

Fill out the application. You will need to complete Form I-589, Application for Asylum and for Withholding of Removal, located at this link: http://www.uscis.gov/sites/default/files/files/form/i-589.pdf. The form is twelve pages long and permits applicants to attach additional pages as needed. You must complete the form in English and in black ink. Answer every question. If you do not know the answer or it does not apply to you, use "unknown," "none," or "not applicable." You can find complete instructions for the I-589 here: http://www.uscis.gov/sites/default/files/files/form/i-589instr.pdf.

Include your spouse and unmarried children under 21. If you wish, you can use your application to apply for asylum for your spouse and children. For each family member included in your application, you must submit one additional copy of your complete asylum application (including attached documents). For a spouse, you must include three copies of your marriage certificate, and three copies of proof of termination of any prior marriages. For each unmarried child under 21, include three copies of the child's birth certificate. If you are missing any of these documents, you must include affidavits of people who have knowledge of the date and place of birth or marriage, etc. The person signing an affidavit must include his or her name, address, date of birth, and relationship to you.

Include written statements of persecution. According to the instructions for the I-589, you are strongly encouraged to include other documents with your application, including written statements. As you complete your application, think of each time you were harmed or threatened. Write down the events, dates, and details of your experiences that are related to your asylum claim. Include your statements, along with any documents that might help verify the details of your claim.

Gather evidence of the conditions in your home country. In order to prove that you are facing danger in your country of origin, you must submit evidence that supports your request for asylum. This can include newspaper articles, affidavits from witnesses or experts, medical records, doctors' statements, books, photographs, and statements and testimony from live witnesses. You will include these documents with your application. If you intend to rely on live witnesses, arrange for the witnesses to attend your interview or hearing to speak on your behalf.

Copy your materials. You will need to submit your original forms with your ink signatures, plus photocopies. Your application materials will not be returned to you, so do not include originals of your important documents; send photocopies instead. Your application should include: Form I-589. Include the original (with your wet signature) and 2 copies. Make sure that you also copy any attachments and additional documents. One additional complete copy of your I-589 for each family member you included in your application. Evidence of your relationship with family members. For each family member you include in your application, submit three copies of each record that is evidence of your relationship. These documents may include birth records, school records, marriage certificates, proof of termination of marriage, etc. If you are submitting any affidavits, include the original and two copies. One passport-style photograph for yourself and each family member. The photo should be taken within the last 30 days before you file. Write the person's full name and A-Number (if applicable) on the back of each photo. Passports and travel documents. Submit three copies of any passports or immigration documents (Form I-94, Arrival-Departure Record, etc.) for yourself and your family members. Identification. If you have identification documents, such as a birth certificate, military or national ID cards, driver's licenses, etc., send three copies and bring the originals with you to your interview. Form G-28 (located here: http://www.uscis.gov/sites/default/files/files/form/g-28.pdf) if you are represented by an attorney, along with two additional copies.

Have any non-English documents translated into English. If you are submitting any documents that are in a foreign language, you must have a certified translator translate your documents into English. The translation must be accompanied by the translator's certification that they are competent and that the translation is complete and accurate. Include a copy of the translation and certification with every copy of the original non-English document in your application.

Put your application in the correct order. Your application will probably be fairly large. You can use binder clips or rubber bands to hold the different sections together. Do not use staples unless instructed to do so. Each complete application should have one copy of each document. You will submit three complete applications, plus one for each family member. Your main application should include all of your original documents with handwritten signatures. Assemble your applications in this order: I-589, on top, with a passport-style photo stapled to Section D. Your main application will have your photo. Your two copies do not need a photo. For each family member for whom you are submitting an additional copy, include a passport-style photo of that person in Section D with that copy; A G-28 (if you are represented by an attorney) Supplementary sheets and statements; Additional supporting documents; and Evidence of your relationship with each family member.

Filing Your Application

Mail your application to USCIS if you are filing affirmatively. If you are not in removal proceedings, you are filing your application affirmatively. There are four USCIS service centers, which handle different jurisdictions across the country. USCIS Texas Service Center, Attn: Asylum, P.O. Box 851892, Mesquite, TX 75185-1892 USCIS Nebraska Service Center, P.O. Box 87589, Lincoln, NE 68501-7589 USCIS California Service Center, P.O. Box 10881, Laguna Niguel, CA 92607-0881 USCIS Vermont Service Center, Attn: Asylum, 75 Lower Welden Street, St. Albans, VT 05479-0589 If you are unsure of which office has jurisdiction over your application, see page 10 of the following document: http://www.uscis.gov/sites/default/files/files/form/i-589instr.pdf You can also call the National Customer Service Center at 1-800-375-5283.

File your application with the Immigration Court if you are filing defensively. If you are in removal proceedings in Immigration Court, take your application to the court clerk. The clerk will assist you with filing your application. Ask the clerk how to file your application with the appropriate Immigration and Customs Enforcement (ICE) Office of Chief Counsel.

Attend your biometrics appointment. You and your family members will receive instructions by mail, referring you to a local Application Support Center (ASC). The ASC will collect your biometric data, such as your photograph, fingerprints, and signature. You must attend your appointment and keep the paperwork you receive from the ASC.

Observe travel restrictions. While your case is pending, you are permitted to remain in the United States. If you travel outside of the U.S., you must first get permission from USCIS by submitting Form I-131, located here: http://www.uscis.gov/sites/default/files/files/form/i-131.pdf. If you return to your country of origin where you have claimed to be facing persecution, USCIS will assume that you wish to abandon your application, unless you can show that you had a good reason to return.

Attend your interview or hearing. If you are filing affirmatively, USCIS will contact you to schedule an asylum interview. Bring a copy of your I-589, some identification, and any witnesses you want to testify on your behalf. If you need an English interpreter, you must bring your own. Your interpreter must be at least 18, and cannot be your attorney, witness, or a representative or employee of your country. If you are filing defensively, the Immigration Court will schedule and notify you of your hearing date. The court will provide an interpreter at no cost to you. Bring your documents and witnesses, and be prepared to answer questions about your experiences.

Finding an Immigration Attorney

Gather referrals and recommendations. Most attorneys get their clients through referrals from previous clients or recommendations from other lawyers. While a positive recommendation suggests that a previous client had a good overall experience, look at negative reviews closely. Finding a good immigration attorney gives you the best chance of successfully receiving asylum. Talk to immigrant friends and family members about their experiences with lawyers. Ask them for a detailed account of the strengths and weaknesses of their lawyers. Find out what was most important to them in their process. For example, you might find that a smart, hard-working lawyer is still not a good choice if they can't provide a translator for you. Check online reviews on websites like FindLaw and Avvo. Which of your lawyers has the most positive feedback, and why?

Review attorney websites. Try searching for immigration lawyers online. When you find one, look through their personal website or their firm's website. The website should be clean, easy to navigate, and informative. Look for information about immigration law. If the attorney practices immigration law, they are likely to have information about immigration law on their website. Check the website for grammar and spelling. If the website contains errors, consider looking elsewhere. Immigration attorneys need to be detail oriented, and grammar and spelling mistakes can be evidence of sloppiness. Read about the attorney's background. See where the attorney went to school, how much experience they have, and how many years they have been practicing.

Look for incidents of attorney discipline. Each state provides the public with a database of practicing attorneys. Within that database is information about whether any attorney within that state has been officially disciplined. This database can be accessed by looking for your state bar’s website with a search engine. Attorneys can be disciplined for any number of things including dishonesty, fraud, and theft.

Make a list of potential lawyers. Once you have researched possible attorneys and their background, make a short list of 3-5 top candidates. The attorneys on this list should have strong reviews and recommendations, easily accessible and understandable websites, and no history of discipline.

Take part in initial consultations. Call your top candidates and set up an initial consultation. Some attorneys will charge a small fee (around $50 to $100) for this service. However, you will usually have the opportunity to have a free consultation before having to pay the attorney anything. Before meeting with each attorney, write down a number of questions to ask. Common questions for immigration lawyers include: How long has the attorney has been practicing immigration law? Look for someone with at least 3-5 years experience. How many immigration cases does the attorney handle every year? At least 50% of the lawyer's cases should be immigration related. Does the attorney know the immigration judges in your area? A good working relationship with immigration judges will be very valuable.

Choose an attorney. After you conduct all of your initial consultations, hire the lawyer you feel most comfortable with. Not only should the attorney make you feel comfortable, but they should also have reasonable fees and a good understanding of your case.