If you wish to apply for asylum status, it’s important to understand it in-depth. This is because a denial is a possibility if you fail to take the appropriate steps.
Here is what to know about asylum in the U.S.
Who can seek asylum?
A foreign national who is already in the U.S. or arriving at the border who meets the legal definition of a refugee can seek asylum.
Under U.S. law, a refugee is someone who is outside the country of their nationality, or in the case of a person with no nationality, outside the country they last habitually resided, and is unable or unwilling to return to that country because of persecution or a well-founded fear of persecution due to their race, religion, nationality, political opinion, or membership in a particular social group.
How can you apply for asylum?
To apply for asylum, you need to file Form I-589, Application for Asylum and for Withholding of Removal, within one year of your arrival. You must be physically present in the U.S. and not a U.S. citizen to file it.
Foreign nationals facing deportation, for instance, after an arrest or for arriving in the country without documents, can request asylum in an immigration court proceeding as a defense before an immigration judge (defensive asylum).
What evidence should you submit?
You need to submit personal documentation, such as your passport, national ID, birth certificate and so on. You must also show proof of persecution or fear of persecution, including photos, police reports, news articles, threats, medical records, membership cards, witness statements and a detailed, chronological narrative of events. Ensure all non-English documents have certified English translations.
Seeking asylum status requires following all the needed steps and submitting strong evidence. Legal guidance is vital in helping you increase your chances of approval.
