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A family sitting together at a table, symbolizing safety and protection through U.S. asylum services provided by Samie Immigration Law Firm.

Asylum In The United States

If you fear returning to your home country, we’re here to help. Asylum offers protection from persecution based on race, religion, political views, or other factors.

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Who Qualifies for Asylum in the United States?

Anyone can apply for asylum in the United States, but not everyone will qualify. An experienced asylum lawyer can assess your case and guide you toward the best path to seek protection.

 

Click the buttons below to explore the asylum process in detail

Eligibility
Application
Approvals
Benefits

Asylum Eligibility

Asylum Eligibility Checklist:

  • Credible Fear of Persecution: Applicants must prove a credible fear of returning to their country due to past or potential future persecution.

  • Persecution Based on Specific Factors: The persecution must stem from the applicant’s race, religion, nationality, membership in a particular social group, or political opinion. It can also result from a combination of these factors.

  • Persecution by Government or Uncontrollable Groups: The persecution must be carried out by the government or by groups the government is unable or unwilling to control.

  • No Safe Relocation Option: The applicant must show they cannot safely relocate to another region of their home country to avoid persecution.

Important Notes:

  • Poor Country Conditions Are Insufficient: General issues like high crime rates, poverty, or economic challenges do not qualify as persecution. Applicants must demonstrate personal targeting based on the factors mentioned above.

  • Complex Criteria: Understanding and meeting the eligibility requirements can be challenging. Working with an experienced immigration attorney is highly recommended to build and present a strong case, even though an attorney is not mandatory.

Winning asylum is increasingly complex, and navigating the process effectively requires proper guidance. Let us help you with your application for the best possible outcome.

Ways to Apply for Asylum in the U.S.

Affirmative Asylum Process

This process applies to individuals already in the U.S. who are not in removal proceedings. Key steps include:

  • Submitting an Application: Applicants send their asylum application to U.S. Citizenship and Immigration Services (USCIS).
  • USCIS Assessment: After an interview, USCIS may approve the application.
  • Referral to Immigration Court: If USCIS cannot decide, and the applicant lacks legal status (e.g., valid visa), the case is referred to an immigration judge.
  • Visa Holders: If the applicant holds a valid visa (e.g., student, employment, or visitor visa), USCIS will reject the application. Once the visa expires, the applicant must leave the U.S.

Defensive Asylum Process

This process applies to individuals in removal proceedings. Key points include:

  • Adjudication by an Immigration Judge: Defensive asylum petitions are reviewed by immigration judges, not USCIS.
  • Circumstances: This process typically begins when someone without legal status is placed in removal proceedings or at a U.S. port of entry after expressing a fear of persecution.
  • Assessment at the Border: Asylum seekers at a port of entry undergo a defensive asylum process after informing a border official of their intent to seek asylum.

Understanding the asylum process can be complex, but with professional guidance, you can navigate your case effectively. Let us help you take the right steps.

Steps for the Affirmative Asylum Process in the U.S.

If you are in the U.S., not in removal proceedings, and fear persecution in your home country, you can apply for asylum through the affirmative asylum process. Here’s how it works:

  1. File Form I-589: Complete and submit the Application for Asylum and for Withholding of Removal (Form I-589) along with supporting documents to USCIS.
  2. Receipt Notice: After submission, USCIS will send you a receipt notice confirming they have received your application.
  3. Biometrics Appointment: USCIS will notify you of your fingerprinting appointment, providing the date, time, and location.
  4. Asylum Interview: USCIS will schedule an interview to discuss your case, review evidence, and ask questions related to your application.
  5. Decision: After the interview, you’ll wait for USCIS’s decision, which could take weeks, months, or even years.

Important Deadlines

  • 1-Year Filing Deadline: Asylum applications must be submitted within one year of entering the U.S.
  • Exceptions to the Deadline: If you file after the one-year limit, you must prove “extraordinary circumstances” that directly caused the delay. Strong evidence will be required to support this claim.

Why Work with an Immigration Attorney?

  • Guidance for Late Applications: An attorney can help explain and document extraordinary circumstances for late filings.
  • Interview Support: While an attorney cannot participate in the USCIS interview, their presence ensures the process is conducted accurately and respectfully.

Having professional legal support increases your chances of a successful asylum application. Contact us to ensure your case is presented in the strongest way possible.

Defensive Asylum Application Process in the U.S.

Individuals in removal proceedings can seek asylum through the defensive asylum application process. This is a legal defense to avoid removal from the U.S.

Steps in the Defensive Asylum Process

  1. Claim Asylum:

    • If apprehended by immigration officers or presenting at a port of entry, you must declare your intent to seek asylum.
    • You will then undergo a credible fear interview to determine whether you have a legitimate fear of persecution if returned to your home country.

  2. Pass the Credible Fear Interview:

    • If the officer finds credible fear, you can proceed to file your asylum application.

  3. Submit Form I-589:

    • Complete the Application for Asylum and for Withholding of Removal (Form I-589), gather supporting evidence, and prepare for your case.

  4. Immigration Court Hearing:

    • Present your case before an immigration judge. You will need to provide evidence of persecution and demonstrate eligibility for asylum.

Why You Need Legal Support

Navigating immigration court and the defensive asylum process is complex and challenging. While you are not legally required to hire an attorney, having an experienced immigration lawyer significantly increases your chances of success. Attorneys can:

  • Help prepare your case and supporting evidence.
  • Represent you effectively during court proceedings.

If you’re facing removal and seeking asylum, contact us for expert legal guidance and representation.

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Samie Othmane, immigration lawyer in the United States.
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Have Question?

Call us, we have the answers!

While anyone can apply for asylum, not everyone qualifies. A common misconception is that poor conditions in a home country—such as high crime rates, economic struggles, or ongoing conflict—are sufficient grounds for asylum. Unfortunately, these factors alone are usually not enough to secure asylum in the United States.

Legally, you do not need an attorney to file for asylum in the United States. However, having legal representation is highly recommended. The asylum process is complex, and the chances of success significantly increase with the guidance of an experienced immigration attorney.

Why an Attorney is Important

  1. Expert Guidance:

    • Immigration attorneys specializing in asylum can help you prepare a strong application by ensuring your documentation is complete, accurate, and compelling.
    • They can identify common mistakes that could jeopardize your case, which are often difficult to correct once an application has been submitted.

  2. Navigating Complexity:

    • The asylum application process has grown increasingly complicated in recent years, making legal expertise invaluable.

  3. Support During Interviews:

    • Although an attorney cannot directly participate in a USCIS asylum interview, their presence can ensure the process is conducted fairly and respectfully.

Starting your case with a well-prepared application and strong legal support can make a significant difference. While an attorney is not mandatory, their expertise can help avoid errors and maximize your chances of success.

If you are thinking about applying for asylum, there are a few important points to keep in mind. First, you cannot apply for asylum in the U.S. if you are currently outside the country. Second, asylum applications are generally required to be filed within 1 year of your arrival in the U.S. However, there are some exceptions to this 1-year rule, so if you’ve been in the U.S. for more than a year, it’s important to consult with an attorney about your eligibility.

If you are in the U.S. and decide to apply for asylum, the process includes the following steps:

  1. Complete the I-589 form and submit your application along with the required supporting documents to USCIS as per the provided instructions.
  2. You will receive a receipt notice acknowledging your application.
  3. Next, you will get a biometrics appointment notice, informing you of the date and location to complete your fingerprinting.
  4. An asylum interview will then be scheduled.
  5. After the interview, your case will either be approved or referred to immigration court. If referred to court, you will need to present your case before an immigration judge.

If your case moves to the court system, there may be additional steps and outcomes to navigate. It’s highly recommended to consult with an attorney to better understand these later stages of the asylum process.

Yes, it is possible to apply for asylum even if you are undocumented or have been convicted of a crime; however, there are certain challenges you may encounter.

If you are undocumented, you can still apply for asylum as long as you are not currently in removal proceedings. You must also file your asylum application within 1 year of entering the U.S. There are some exceptions to this 1-year filing rule, so if you have been in the U.S. for more than a year, it’s important to consult with an attorney to discuss your case.

If you have a criminal conviction, you are required to disclose all offenses and relevant details on your asylum application and during your interview. The nature and severity of your conviction may disqualify you from being granted asylum. To better understand which criminal convictions may impact your eligibility, review the guidelines provided on the USCIS website or speak with an immigration attorney for professional advice.

Book A Consultation Today!

If you’re ready to speak with an immigration lawyer, schedule a consultation today using our online booking form. We look forward to assisting you!

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Disclaimer: The information on this site is for general purposes only and should not be considered legal advice. For guidance specific to your situation, consult an attorney directly. An attorney-client relationship will only be established once a conflict-of-interest check is completed.