If you are facing deportation or removal from the United States because you live here but are not a legal U.S. citizen, you could be eligible for asylum. To be eligible for asylum, you will need to be able to prove refugee circumstances, as defined by the USCIS. You will also need to accurately and thoroughly complete and file form I-589. This is a petition for the withholding or delay of removal for those seeking asylum in the United States. If granted, this will allow you the time needed to begin citizenship proceedings.
Filing Your Application for Asylum
- The first step in applying for asylum inside the United States is to obtain and accurately complete the designated documentation for your specific case.
This process must be completed within 364 days of reaching your port of entry. There are certain jurisdictions assigned to certain USCIS offices, so you will need to determine which of the offices you’ll be filing your application with. In most cases, when the applicant has filed all information correctly, the processing of your asylum application will take somewhere around 180 days. This process and filing is free, and if you’ve already entered any immigration filings or proceedings your asylum application should be filed with the immigration court already.
- Your Asylum Application Interview
In most cases, the USCIS will perform an eligibility interview with an applicant in around 60 days of the application’s filing. This interview will offer you the best opportunity to be granted your requested asylum in the United States, as this is where the USCIS makes its initial judgment on the validity of your petition.
At this interview you will be provided the opportunity to present proof of refugee status in your home country, and proof of your subsequent need for asylum. If the USCIS officer determines your claim is valid and grants your request, it will be approved and you will be granted asylum. However, if your claim is viewed as unfounded or invalid, your petition will be denied and you will be handed over to the Immigration Review Board who will handle the deportation proceedings.
When Asylum Status has Been Granted
Once your application for asylum has been granted, you are then granted certain legal rights, including the right to live and work within the United States while awaiting your application for permanent residency. Eligibility for residency will not begin until 1 year after your asylum request has been granted, during which time you are required to stay in the United States. After a 5-year status of permanent residency in the U.S., you become eligible to apply for naturalization proceedings to attain the status of a legal United States citizen.
Getting Help
Speaking with a US immigration attorney is important if you are considering applying for asylum. Your lawyer can explain to you what you must do to be successful and can help you prepare your application and answers to interview questions so you have a better chance of being able to stay in the US.
