How to Request Asylum from Immigration at a U.S. Airport
U.S. immigration laws allow individuals to apply for asylum based on fear of persecution or torture in their home countries due to at least one of five grounds: the individual's race, religious beliefs, nationality, membership in a particular social group or political beliefs. Individuals already in the United States may apply for asylum within one year of arrival. The procedures vary, however, when an individual wishes to immediately request asylum upon arrival at a U.S. airport. Asylum may serve as a defense to removal from the U.S. port-of-entry if immigration officials determine that the individual is otherwise inadmissible.
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Instructions
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Review the U.S. Citizenship and Immigration Services (USCIS) criteria for asylum and other information provided on the USCIS website. Identify at least one of the five grounds for asylum based on persecution in your home country that applies to you personally. Practice explaining the facts of your personal history to show why you fear persecution or torture if immigration officials remove you from the United States and return you to your country of origin.
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Approach the customs and immigration processing station at the airport for travelers who are not citizens of the United States. Produce your passport, travel visa and other travel documents when asked, if you have them, and show them to the U.S. official. Explain that you fear returning to your home country and request an asylum interview.
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Cooperate with U.S. immigration officials who may detain you for at least 48 hours before conducting an asylum interview, also known as a "credible fear screening." Participate in the screening interview with an asylum officer and discuss your fear of persecution or torture if required to return to your home country. Answer the interviewer's questions thoroughly and honestly.
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Request review of your asylum case by an immigration judge of the Executive Office for Immigration Review (EOIR) if you receive a negative determination after your credible fear screening. Seek legal representation from a pro bono provider identified by a list of resources given to you during your detention or from a private attorney to help you with your EOIR case in front of the immigration judge. With your representative's help, if possible, complete any additional paperwork requested from you to present your asylum case to the immigration judge.
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Tips & Warnings
Use a valid visa to enter the United States, if you have one or can successfully obtain one and can lawfully use the visa, then apply for asylum using the affirmative asylum process through USCIS. If you can apply affirmatively rather than use asylum as a defense to removal, you may be able to request asylum while living in the United States. Contact a U.S. immigration lawyer or immigration legal-services nonprofit before you travel to the United States, if possible, to discuss the procedures for requesting asylum and to gain personalized advice related to your situation. Learn about the legal consequences under U.S. immigration laws if you ask for asylum but receive a denial.
The U.S. government may place you in detention while you wait for your credible fear screening and if necessary, detain you while waiting for an EOIR immigration judge to hear your case. There is no way to predict how long the subsequent detention would last. Denial of your asylum case may lead to your removal from the United States and a return to your home country.
References
- U.S. Citizenship and Immigration Services: Asylum
- U.S. Citizenship and Immigration Services: Information Guide for Prospective Asylum Applicants
- U.S. Citizenship and Immigration Services: Credible Fear Screenings
- U.S. Citizenship and Immigration Services: Obtaining Asylum in the United States
- U.S. Citizenship and Immigration Services: Under What Circumstances Do Asylum Officers Conduct Credible Fear Interviews?
- U.S. Citizenship and Immigration Services: When Do Credible Fear Interviews Take Place?
Resources
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