🛡️ What is Asylum?

There are several options for immigration relief that may be available to you. “Immigration relief” refers to the different ways to get lawful status within the United States.

☝🏾 “Lawful status” means that a person has been given permission to live or work in the US.

☝🏾 You can think about it as getting “relief” from—or legally avoiding—deportation (when the U.S. government orders that you leave the country and go back to your home country).

Some of the options for immigration relief include:

Asylum
Special Immigrant Juvenile Status (SIJS)
Family Petition
U Visa
T Visa

In this article, we will explain what asylum is, who is eligible to seek asylum, and how to apply. And if you’d like to learn more about the other types of immigration relief, check back soon... we’ll be publishing explainers of other common types of relief!

👆 Note! The asylum process can be complicated and every person’s case is different. It is extremely important that you talk to an attorney about whether you can apply for asylum or another form of protection from deportation.

What is Asylum?

🛂 Asylum is a form of protection that allows you to stay in the United States instead of being sent back to your home country.

👤 You may be able to apply for asylum if someone has hurt you or you believe someone may hurt you in the future because of your race, religion, nationality, political opinion, or particular social group.

⏳ You may have a limited time to apply for your asylum case. This is why it’s important to find a lawyer as soon as possible, so that you can talk to them about your options and apply on time.

Am I Eligible to Apply for Asylum?

Talk to your lawyer about your case to see if you are eligible to apply for asylum. Some of the requirements may include:

You must be physically present in the US or at a port of entry– you can NOT apply from outside of the United States.
You must show that:
- 😞 You have been harmed or you fear being harmed in the future because of your race, religion, nationality, political opinion or belonging to a particular social group.
- 👮‍♂️ Your government or a group outside of your government’s control caused the harm or could cause you harm in the future, or the government will not protect you.
- 🏠 You have no other safe place to live.
- 🙅‍♂️ You have not committed a serious crime.
Most people must apply for asylum within one year of entering the United States.
- Note! This rule does not apply for unaccompanied minors. Unaccompanied children can apply for asylum even if they have been in the US for more than a year.

How Do I Apply for Asylum?

For all asylum applications, you must submit Form I-589, (Application for Asylum and for Withholding of Removal). Where and how you submit Form I-589 (online with USCIS, by mail to USCIS, or in immigration court) will change depending on the details of your history and your immigration case.

If you are under 18 and were designated as an unaccompanied child by the US government, you may be able to apply by mailing your application to US Citizenship and Immigration Services (USCIS).
- 👉 Find step-by-step information about how to file and mail your asylum application to USCIS here.

📣 Helpful Tip! If you aren’t sure where and how to file for asylum, use the USCIS Filing Instructions Tool to find out if you can file with USCIS, and if you should do so by mail or online.

👆 Remember! If your immigration details don’t match the options above, there may still be options for you to seek asylum. There may also be other forms of protection/immigration relief that you could be eligible for. Speak to a lawyer to make sure that you know what your options are.

What Happens After I Apply for Asylum with USCIS?

After you send in your application to USCIS:

📃 You should receive a receipt notice that tells you that USCIS received your application. It also has the receipt number and the “received date” (the date that they got your application).
👆 You will get a notice for a biometrics appointment sometime after your application has been received. The government will collect your fingerprints, photo, and signature during this appointment. It is important to attend this appointment as failure to do so may deem the application abandoned.
⚒️ If you are old enough to work, you can apply for a work permit 150 days after your asylum application is received.
🗣️ You will receive an asylum interview notice. This document tells you where and when your asylum interview will be. During your interview, you will tell the interviewer your story.
- Note! It can take a long time to get an asylum interview.
✅❌ You will receive a decision. This can take anywhere from a few months to over a year. You can check the status of your case with the USCIS Case Status Tool. You will need your receipt number.

Note! It’s important that you don’t miss any of these notices from USCIS. Make sure that you update your contact information and address if you move. For more information about the Change of Address Form (EOIR-33), check out our helpful infographic.

Once you receive your decision from USCIS:

✅ If your application is granted:
- you become an asylee
- you are protected from being returned to your home country
- after one year, you can apply for lawful permanent resident status.
❌ If you are found ineligible for asylum:
- you will get a second chance to present your case before a judge.
  - Note: this is specific to Unaccompanied Minors.

Important Tips to Remember When Applying for Asylum:

When sharing your story and the reason you are asking for asylum, remember:

📖 Do not generalize – always tell your story in as much detail as possible

🤥 Tell the truth – lying to a government official under oath is a crime and can lead to deportation

⚖️ Leaving out important information can lead you to not getting asylum

🛂 Asylum hearings are confidential

This article provides general information and should not be considered legal advice. Please be sure to speak to an attorney about your specific case. For more information about how to find a lawyer, don’t miss our article 4 Important Topics to Keep in Mind When Looking for an Attorney.

For more information on the asylum process, contact us!

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Sources:

Asylum Seeker Advocacy Project. Asylum Seekers Under 18 Years Old. Retrieved from https://help.asylumadvocacy.org/minors/

Asylum Seeker Advocacy Project. USCIS Asylum Process. Retrieved from https://help.asylumadvocacy.org/faqs-uscis/

Help Asylum Advocacy. (2020). Retrieved from https://help.asylumadvocacy.org/

U.S. Citizenship and Immigration Services. Asylum. Retrieved from https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum

UNHCR. What is Asylum? Retrieved from https://help.unhcr.org/usa/applying-for-asylum/what-is-asylum/

U.S. Citizenship and Immigration Services. Minor Children Applying for Asylum by Themselves. Retrieved from https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum/minor-children-applying-for-asylum-by-themselves

UNHCR. Types of Asylums. Retrieved from https://help.unhcr.org/usa/applying-for-asylum/types-of-asylum/#:~:text=There%20are%20two%20paths%20to,who%20are%20in%20removal%20proceedings.