Asylum refers to a government giving protection to someone from another country, based on that person having faced past persecution, or living in fear of future persecution, in his or her home country. The term "political asylum" technically refers to people who fear persecution based on political beliefs. However, asylum can be granted for a broader range of reasons, including that the person faces persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
How to Apply For Asylum
Everyone who seeks to qualify for asylum must meet the legal definition of a refugee. In procedural terms, however, a refugee is someone who applies for status and the right to enter the U.S. as a refugee while still overseas. An asylum claimant is someone who waits until arrival at a U.S. port, or until after having entered the United States, to apply.
Filing for asylum should only be done at the port of entry if you have no other option, as described in "Requesting Asylum at a U.S. Border, Airport, or Other Entry Point."
The better option is to file an affirmative asylum application, using USCIS Form I-589. You must submit this form within one year of your entry to the United States -- or at the latest, one year after your visa status ends. (See an attorney if you're thinking of applying for asylum and that date has passed -- some exceptions apply, for example
if the situation within your country changed after the one-year mark.)
You may apply for asylum regardless of your current immigration status. In other words, unlike in other categories of immigration benefits, it will not matter that you entered the U.S. illegally or are living there illegally now.
The Affirmative Asylum Procedure
After submitting your I-589 application for asylum, with supporting documents, the application will be processed and two months later, you will be requested to attend an interview with an Asylum Officer. The Asylum Officer will review your case and ask numerous questions, designed to both test your credibility (whether you're telling the truth) and whether you truly deserve asylum. It will be necessary for you to answer these questions truthfully and openly about any persecution or abuse suffered. The job of the Asylum Officer is listen to the facts surrounding your petition, and decide whether to approve asylum within the United States.
If the Asylum Officer does not approve your case, and you do not appear to have valid legal status in the U.S., the officer will refer it to an immigration judge. If you are here legally, the Asylum Officer will grant you time in which to provide additional information before the application is denied.
If You're Picked Up By Immigration Authorities Before You Have a Chance to Apply
You might never get the chance to submit an affirmative asylum application if the immigration authorities arrest you first. In that case, you will likely be placed in removal proceedings, and have a hearing before an immigration judge. You can submit your application for asylum to the court at that time.
After Asylum is Granted
If asylum is granted, you will need to remain within the United States for one year before you can apply for permanent residency (a green card). For more information on the green card application process, see "Adjustment of Status."
Get Legal Advice
Applying for asylum requires much more than filling out a form, and if your application fails, you will be quickly removed from the United States. Please seek advice from an experienced attorney about your specific situation.
