Asylum: Know the Basics

The United States offers a number of different immigration protections for vulnerable people. One of the most important—and most misunderstood—is asylum. Broadly explained, asylum is a form of immigration status that offers protection to foreign nationals already in the United States or at the border who fear persecution in their homeland. 

In order to qualify for asylum in the United States, an applicant must demonstrate a well-founded fear of persecution due to race, religion, nationality, membership in a particular social group, or political opinion. The application process is complicated. A person will need to navigate a complex system that involves paperwork, interviews, and court hearings. 

When granted, asylum offers significant benefits. Indeed, an immigrant who makes a successful application for asylum will obtain legal status, work authorization, and a path to permanent residency in the United States. Timeliness is key in an asylum case. Be proactive: Consult with an experienced Maxidova, OR asylum attorney as soon as possible. 

Understanding the Asylum Application Process

The asylum application process in the United States is complex. If you or your loved one is entering the process, it is crucial that you understand how the system works. To start, a person will be required to file a legal document called Form I-589, Application for Asylum and for Withholding of Removal. This application is time-sensitive. Here are some key things to know about the process: 

• Filing the Asylum Application: As stated above, the asylum seeker must complete and submit Form I-589 to United States Citizenship and Immigration Services (USCIS). It is a comprehensive application. You will be required to provide detailed information about your identity, your background, and the basis for your asylum claim.
• Fingerprinting and The Background Check: The applicant will be scheduled for fingerprinting. Comprehensive biometric data will be taken. Beyond that, USCIS conducts a security check and a background check against various law enforcement databases.
• The Asylum Interview: The asylum seeker attends the interview, where they must provide a detailed account of their claim, present evidence, and respond to questions. The interview is key. You can and should be represented by a lawyer during the interview. 
• Immigration Decision: After the interview, the Asylum Officer will either approve the application, refer the case to the Immigration Court for defensive asylum processing, or deny the claim if the applicant can be safely returned to their home country.

Asylum Can Lead to a Green Card—and Eventually U.S. Citizenship

The benefits of asylum are significant. To start, asylum—when granted—offers immediate legal status. From there, the asylum seeker will have a pathway to permanent residency and, potentially, United States citizenship. A person who has received asylum may apply for a green card one year after their asylum approval. permanent residents, asylees can pursue career opportunities, access educational facilities, and receive certain public benefits. After five years as a green card holder, an asylee is eligible to apply for U.S. citizenship. 

An Overview of the Right to Bring Family Members to the U.S. Through Asylum Status

An asylum applicant may be eligible to petition to bring family members to the United States through a type of immigration option called “asylee derivative status.” More specifically, a spouse and children under 21 who are unmarried may be eligible to come to the U.S. through an asylum recipient. To apply to bring a family member to the country, an applicant will need to complete and submit Form I-730, Refugee/Asylee Relative Petition.