How to Get Asylum in the U.S.

Asylum offers a safe haven for people facing persecution in their native homelands. Unlike refugee status, asylum can be granted to individuals entering the U.S. or who are already here. It can also be applied for by illegal immigrants. Asylum can be granted relatively quickkly. However, it can be a complicated process.

Instructions

Difficulty: Challenging

1. Request asylum before entering the U.S. or within required period. Asylum can be granted to individuals who request asylum at a port of entry in the U.S. or who apply within one year of entering the U.S. illegally.
2. Complete the application for asylum. Withholding of Removal From I-589 must be completed and filed. Include your spouse and any children under 21 in the application as long as they are in the U.S. within required period.
3. Get fingerprinted after your application has been filed. You will receive a notice to get fingerprinted by the FBI. This information is used to perform a security check.
4. Attend the initial interview. Bring an interpreter to the asylum interview if you can't speak fluent English. Applicants must be interviewed by an asylum officer.
5. Be honest in the interview and explain the need for asylum. Even though the reasons may be personal, the asylum officer must know your circumstances in order to assist with the request.
6. Pick up the results of the application or you will be informed by mail, depending on your location. Check on the status of the application by writing to the INS office overseeing the case.
7. Apply for derivative asylum status. Once you have been granted asylum, you can apply to gain asylum for your spouse and any children living outside the U.S. Complete and submit Form I-730 Refugee/Asylee Relative Petition within 2 years.

Tips & Warnings

• If extraordinary circumstances prevented you from applying for asylum within the 1-year deadline, you could be granted an extension.
• If you are granted asylum, you have the right to live and work in the United States. You also can apply for permanent resident status after 1 year.
• Once you're granted asylum status, you'll need special permission to travel aboard until you achieve permanent resident status and apply for a social security card.
• You cannot apply for a work permit at the same time that you apply for asylum. You must wait 180 days after your application has been submitted.
• There is no fee to apply for asylum, but mistakes could be costly. Consult with a lawyer who specializes in immigration law to minimize errors that could delay approval of your application.