How to apply for asylum in the US?

Every year people come to the U.S. in search of protection because they have suffered persecution. They will suffer mistreatment because of: Membership in a particular social group, Religion. To Apply For Asylum Or Protection in the U.S., you must file an Application for Asylum. This will be within one year after you arrive in the United States. This is always free of cost for asylum. For more information, visit here:

How to apply for asylum in the US?

There are methods of obtaining asylum in the United States 

Affirmative Process 

To receive asylum through the affirmative process of asylum. The person must be present in the United States or at any port of entry along the border. The best thing is that you can apply for asylum regardless of how you arrived in the U.S.  An individual can apply for affirmative asylum by submitting to U.S. Immigration Services. (A Form I-589, Application for Asylum, and Withholding of Removal). To meet the conditions of the affirmative procedure. You must apply for asylum within one year of their last arrival in the U.S.A. unless they can show:

  • Changed circumstances affecting their eligibility for asylum
  • or unusual events leading to delay in filing;
  • or Due to those circumstances they sued within a reasonable time;

Defensive Process 

In the protective process for asylum, you must be in removal proceedings. This is in the immigration court with the Executive Office for Immigration Review. This asylum application occurs when you request asylum as a defense against removal from the U.S.

Asylum Interview

It would be best if you carried on the day of your interview:  

  •  any passports
  • Other records about travel or registration, and
  • Type I-94, Arrival-Departure Record, if you got one at your arrival in the United States.
  • Originals of any birth certificates, marriage certificates
  • documents you have before submitted with your Form I-589
  • A copy of your Form I-589
  • Any extra items you have at your disposal which record your claim. And which you have not already submitted with your request;
  • An interpreter if you can not interview in English,
  • Your spouse and children under 21 years of age,
  • They must carry in whatever identification, travel, or other supporting documentation they have.
  • While you are supposed to list all the members of your family on your application. And the only family members you need to bring are those that will be in the asylum decision as derivatives.
  • A verified translation of any not in English document;
  • Any document in a language other than English. A translation must accompany it into English. And certified by the translator is complete and accurate.
You have the right to submit your interview with an attorney or delegate, at no cost to the U.S. government. To go with you to your asylum interview. You and your representative must apply Form G-28, Notice of Entry of Presence as Attorney to USCIS.

Are you acceptable for Asylum\Refugee Protection in the U.S.?

To get asylum in the U.S.A., you should follow some rules and regulations.  Must prove that you meet the definition of a refugee who is under 8 U.S.C. § 1101

Understand some basic immigration terms like green cards.  Or you can find a lawyer to handle your particular situation. 

Having a green card is the most sought-after-and hard-to-receive-advantage of U.S. immigration.  It is a card of identification. And given to individuals granted permanent resident status in the U.S. If you’ve been a permanent U.S. citizen (green card holder), it becomes easy to fly abroad. Even so, there are rules that you should be aware of, mainly if you might get stuck outside the U.S.

U.S. immigration laws strive, in part, to integrate members of the family. For that reason, an immigrant has multiple ways of gaining legal residency in the U.S. through a spouse, relative, or another family member.

The second common way to get permanent legal status in the U.S. is through job-based applications. This section focuses on the problems you may face in getting a green card through your employer based in the U.S.A.

Laws and procedures for entering the U.S. on temporary terms for pleasure or business.

To apply for work, you must request a Form I-765, Jobs Authorization Application. For more information, please see the webpage of Type I-765.
After pending application for asylum:
You can not apply for a work visa (employment visa) in the United States at the same time as you are applying for asylum. You may apply for a work permit 365 calendar days after you submit your asylum application. You may be eligible for a work authorization based on an asylum application that is pending if:
  • You appeared for any scheduled appointments. This is for biometric services relevant to your application for employment.
  • You appeared before an immigration judge for your interview with an asylum officer. Or you hear if requested or scheduled;
  • Not described in 8 CFR 208.7(a)(1)(iii);
  • You do not have a pending pause due to the claimant concerning your asylum application.
  • No definitive decision on your application for asylum has been made. (note that referral to an immigration judge after an interview with USCIS is not a final decision).

One way to the U.S. is to apply for Student Visas as students from all over the world come to the United States to study. In this way, one can Apply For The Asylum Or Protection in the U.S.

Student Help

Special Student Relief is the relaxation by the secretary of Homeland Security. Basically, for F‐1 students from areas of the world experiencing developing circumstances. This includes war and military conflicts and financial crises at home or abroad.
You may be able to apply for a work authorization off-campus if you:  
  • Are the national of a country stated in a notice to the Federal Register;
  • Have been legally present in the U.S. for the time specified in the Notice to the Federal Register;
  • Have reported to your Appointed School Official on time. And been enrolled in a school since the specific situation;
  • Bear F-1 status at present; and
  • Experience considerable economic hardship.
To apply, you must submit.

Employment Allowance

Suppose you are experiencing severe economic hardship due to unforeseen circumstances. You can request leave to work off-campus (if you meet specific regulatory requirements). Examples of unforeseen circumstances may include: 
  • Loss of financial support or on-campus jobs (which is not your fault);
  • Significant currency- or exchange-rate fluctuations;
  • Excessive increases intuition or the cost of living;
  • Unexpected shifts in your source of aid’s financial condition;
  • Health Deposits; and other significant and unpredictable expenditures.

To apply, you must submit Form I-765, Work Authorization Application, along with a copy of your Form I-20, Nonimmigrant Student Status Eligibility Certificate.

Your Form I-20 must include your Appointed School Official’s work page. That certifies your eligibility for off-campus jobs due to extreme economic distress. 

Spouse Battered, Children and Parents

You may file an immigrant visa petition as a battered spouse, child, or parent under the Immigration and Nationality Act (INA), as amended by the Violence Against Women Act (VAWA).
The VAWA provisions in the INA allow certain U.S. citizens ‘spouses, children, and parents and certain permanent residents’ spouses and children (Green Card holders) to file a petition for themselves, without the knowledge of the abuser. This helps victims, who are not told about the filing, to seek both protection and freedom from their abuser.
The provisions of the VAWA, which apply to women and men, are permanent and do not need reauthorization by Congress.
Support is also available at 1-800-799-7233 or 1-800-787-3224 (TDD) from the National Domestic Abuse Hotline. The hotline has shelter information, mental health services, legal advice and other forms of assistance, including immigration status filing information. Visit the National Domestic Violence website for more information.

Failure to appear for an appointment for an interview or biometrics

If for reasons linked to the specific case, you have not appeared for a scheduled interview. Or have not submitted evidence or replied to notice or request on time. You may prove how the disruptive event affected your ability to appear for an interview. Or submit documents as needed. 

Processing Expedited

If you need USCIS to more consider your request for a service. Or value, when filing or after you file, you can make that request. On our website, learn more about expedited production.
Visit the USCIS Contact Center webpage to learn how to request any of the above immigration services.

Resources for asylum-seekers in the United States