How to apply for asylum in the United States and who is eligible for this benefit

Asylum, in the words of the UNHCR, is a form of protection that allows a person to remain in the United States rather than be removed (deported) to a country where they fear persecution or harm.

Under US law, “people who flee their country for fear of persecution can apply for asylum. If they get asylum, they get protection and the right to stay in the United States.”

What are the requirements to apply for asylum in the United States?

The requirements to apply for asylum include, according to the site usa.gov:

Who is eligible to apply for asylum in the United States?

You can only apply for asylum if you arrive or are already physically present in the United States. You can apply for asylum regardless of your immigration status and within 1 year of your arrival in the United States, summarizes the United States Citizenship and Immigration Service (USCIS).

Forms to get asylum in the United States

There are three ways to get asylum in the United States and this is how the aforementioned service presents them:

Asylum seekers in the United States must have their own interpreters from September 2023

Asylum by affirmative process

Informs the USCIS that in order to obtain it, you must be present in the United States.

You must apply for asylum status regardless of how you arrived in the country or your current immigration status.

You must apply for asylum within one year of your last arrival in the United States, unless you can demonstrate:

changed circumstances that directly affect your right to asylum or extraordinary circumstances related to delays in submitting your application, and

That you submitted your request within a reasonable time due to those circumstances.

In affirmative asylum or asylum defense procedures, to apply for asylum, you must complete Form I-589, Application for Asylum and Withholding of Removal

USCIS

If your case is not approved and you do not have legal immigration status, a Form I-862, Notice to Appear (NTA) will be issued and your case will be referred to an immigration judge in the Department’s Executive Office for Case Review of Immigration (EOIR) of Justice.

The immigration judge will hold a new hearing and make a decision that is independent of the USCIS decision.

In certain circumstances, if USCIS does not have jurisdiction over your case, the asylum office will issue a Form I-863, Notice of Referral to an Immigration Judge, for an asylum hearing.

Consult USCIS for more information.

If you are not eligible, you may remain in the United States while your application is pending in immigration court.

This is all you need to know before presenting the United States asylum interview

How is the Asylum Merits interview in the United States

According to USCIS, “if you are placed in an expedited removal process and indicate that you intend to seek asylum, express fear of persecution or torture, or fear of returning to your country, you will be referred to USCIS for a credible fear assessment .

A USCIS asylum officer will interview you to determine whether you have a credible fear of persecution or torture.”

Consult USCIS for more information.

Asylum defense process with EOIR

An asylum defense application, the USCIS notes, occurs when you apply for asylum as a defense against removal from the United States.

For asylum processing to be considered a defense, they indicate, “you must be in a removal proceeding in the Immigration Court with the Executive Office for Immigration Review (EOIR).”

In general, “foreigners are placed in asylum defense processes in one of two ways:

Immigration judges handle asylum defense cases in adversarial proceedings (similar to a court hearing), if necessary, notes the US Citizenship and Immigration Services.

The judge listens to the arguments of the parties: you (your lawyer) and the US government to make a decision.

learn more, go to the USCIS website or consult a lawyer who handles immigration matters.