How to Apply For Asylum in USA
Foreign nationals who are persecuted or fear persecution in their home country (countries) for race, religion, nationality / ethnicity, membership in a particular social group or political opinion are eligible to apply for asylum.
Asylum status is available to people who are already in the US or are seeking admission at a port of entry (at the border). If you are already in the US, you may apply for asylum (often referred to as applying for an asylum visa) regardless of your current immigration status or how you arrived in the US. In other words, you may be undocumented and apply for asylum. You may have crossed the border illegally (i.e. have swam across the Rio Grande river) and you may request asylum.
It is crucial that your lawyer be familiar with all the details of your case, including your fears and your perception of the situation. It is critical that you openly discuss all the details with your attorney, so they may be best able to assist you with your asylum application.
If the asylum interview went well and your asylum status is granted, your relatives (spouse and unmarried children under 21) can get legal status in the United States as well. Eventually all the family can get green cards and US citizenship.
When to apply for asylum in the USA?
In general, you must apply for asylum within one year of your entry to the US. However, there are exceptions if you have a valid reason. Such reasons can be – a dramatic change in the political situation in your country, significant changes in your personal circumstances.
Requesting asylum in the USA
1) Submit your case. You have to complete and submit form I-589. You also have to provide a comprehensive description of your case and evidence of persecution in your home country such as publications in the media, official reports, statements of witnesses, documents confirming threats and other documents.
2) Enjoy temporary legal status while waiting for the interview. Upon submitting your application (form I-589) USCIS will issue a confirmation letter indicating that you (and your relatives) are in the process of seeking asylum. This document grants you a temporary withholding of removal from the US while your application is considered. In the past the processing time for asylum applications was 3 weeks, however, currently the waiting time can stretch up to 4 years.
3) Obtain SSN (Social Security Number) and a work permit (EAD or Employment Authorisation Form). 150 days from submitting all the above documents to USCIS you shall fill out and submit a form I-765 in order to obtain an EAD. Waiting time is usually 1-3 months. Only upon receiving the EAD you can visit Social Security Service and get your SSN.
4) Come to the Interview. At the interview, an immigration officer will question you and examine the information declared in your case. Please note that even the smallest details can be reviewed, so a thorough preparation is a must. You should remain calm, answer the questions fully and directly. If you do not feel comfortable with your English, you can always have an interpreter.
Political asylum cases can be very complicated therefore involving a lawyer with expertise in this area is a must. Although the lawyer’s fees may seem high, it can pay off in the future when you will be granted asylum.
Should your petition be denied, you can argue your case in the immigration court. You must have an immigration attorney, otherwise your chances are not very high. Should your case be denied in the immigtaion court your attorney can then prepare an appeal on your behalf.
5) Get a green card. Twelve months after you have been granted asylum, you will be eligible to file a form I-485 to register as a permanent resident (a green card holder). After four years after your green card has been issued you will be eligible to apply for US citizenship.
6) Bring your spouse and children to the US. Once you have been granted asylum, but not later than 2 years from that date, you may bring your spouse and children (unmarried, under 21) to the US. In order to do so, you will have to file the I-730 form.
7) Get the Refugee Travel Documents. If you have been granted asylum you may complete and submit I-131 form to obtain a travel document you can use when you travel abroad. It looks like a passport and should be used as a passport until you will obtain US citizenship and get the actual American passport. In most cases using passport issued by your home country is a not a good idea (as well as travelling to your home country). In such a case USCIS and Border Protection officers may assume you are not a subject for persecution in your home country anymore and can reconsider your asylum case.