how to apply for asylum in the united states with no attorney

Legally, the only two ways to apply for a grant of asylum from the United States are:

• within the U.S. (by submitting an "affirmative" application to U.S. Citizenship and Immigration Services or USCIS or by raising a claim to asylum as a defense in immigration court removal proceedings), or
• at a U.S. border post or other port of entry, such as an airport or seaport.

Full Answer

How do I apply for asylum in the US?

If you are eligible for asylum you may be permitted to remain in the United States. To apply for asylum, file a Form I-589, Application for Asylum and for Withholding of Removal, within one year of your arrival to the United States. There is no fee to apply for asylum.

Can I work while my asylum application is pending?

Based Upon a Pending Asylum Application: You cannot apply for permission to work (employment authorization) in the United States at the same time you apply for asylum. You may apply for employment authorization 365 calendar days after you file your complete asylum application.

What happens if an immigration judge finds you eligible for asylum?

If the immigration judge finds you eligible, they will grant asylum. If the immigration judge finds you ineligible for asylum, they will determine whether you are eligible for any other forms of relief from removal. If the immigration judge finds you ineligible for other forms of relief, they will order you to be removed from the United States.

Why do people seek asylum in the US?

However, most come from parts of the world experiencing war, natural disasters, or a weak and corrupt political system. Once granted asylum, the individual is legally allowed to remain in the United States without fear of deportation. The protection provides the ability to work, travel abroad, and apply for their family to join them.

Can I apply for asylum by myself?

You may apply for asylum with USCIS regardless of your immigration status if: You are not currently in removal proceedings. You file an asylum application within 1 year of arriving to the United States or demonstrate that you are within an exception to that rule.

How can I legally seek asylum in USA?

To apply for asylum affirmatively or defensively, file a Form I-589, Application for Asylum and for Withholding of Removal, within 1 year of your arrival to the United States.

Do I need lawyer for asylum interview?

You have the right to bring an attorney or representative to your asylum interview and to immigration proceedings before the immigration court, at no cost to the U.S. government.

How much does it cost to seek asylum in the US?

Until now, there has been no fee. The Trump Administration tried to institute one; but for now, that has been blocked. So until further notice, you need not pay a fee to apply for asylum.

What are valid reasons for granting asylum?

In order to be granted asylum, an individual is required to provide evidence demonstrating either that they have suffered persecution on account of a protected ground in the past, and/or that they have a “well-founded fear” of future persecution in their home country.

Which state is good for asylum in USA?

Where do asylees live in the U.S.? Throughout the United States, with the largest number in California. The largest number of individuals granted asylum in the affirmative process lived in California in FY 2016 (43.8 percent), followed by New York (10.8 percent) and Florida (7.8 percent).

How do you win an asylum case?

Strategies for Improving Chances of Qualifying for Asylum (See 8 U.S.C. § 1158.) You must show that this persecution was (or would be) inflicted on you because of one or more "protected grounds": your race, religion, nationality, membership in a particular social group, or political opinion.

How long do asylum interviews take?

The interview will generally last about 1 hour, although the time may vary depending on the case. You may also bring witnesses to testify on your behalf. For more information about your asylum interview, see our Web page on Preparing for Your Asylum Interview.

How can I pass my asylum interview?

8 Tips for a Successful Asylum Interview1) Practice makes perfect. ... 2) Make travel arrangements. ... 3) Prepare physically and emotionally. ... 4) Wear appropriate clothes. ... 5) Correct mistakes. ... 6) Be honest, detailed, and consistent. ... 7) Don't be afraid to cry. ... 8) Utilize an attorney.

Do you need money to seek asylum?

While there's no fee to apply for asylum, it's not the case that there are no resources involved in the process. Those migrating from Europe or Asia need to pay for transit to the United States, as well as for visas allowing them onto U.S. soil. (You can't apply for asylum unless you're in the United States.)

Why would asylum be denied?

If you do not provide very detailed information in a well-organized manner, your claim for asylum will likely be denied, even if you have a genuine fear of persecution in your country. Moreover, time is of the essence in asylum applications.

How long does asylum status last?

Refugees and asylees are employment eligible incident to their status and are authorized to work indefinitely because their immigration status does not expire.

What are the 2 types of asylum?

There are two paths to claim asylum in the U.S. The affirmative asylum process is for individuals who are not in removal proceedings and the defensive asylum process is for individuals who are in removal proceedings.

Can you apply for asylum on tourist visa?

If you can enter the United States of your own accord, such as by obtaining a valid tourist visa or even crossing the border unlawfully, you'll be able to apply for asylum on your own initiative, either at the border or airport, or by mail.

Who qualifies for refugee status?

U.S. Refugee Admissions Program Under the Immigration and Nationality Act (INA), a refugee is an alien who, generally, has experienced past persecution or has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

Why would asylum be denied?

If you do not provide very detailed information in a well-organized manner, your claim for asylum will likely be denied, even if you have a genuine fear of persecution in your country. Moreover, time is of the essence in asylum applications.

How long does it take to get asylum after a judge denies it?

For in-status applicants, on the date an asylum officer denies your asylum application; 30 days after an immigration judge denies your asylum application, unless you file a timely appeal to the Board of Immigration Appeals; or. On the date the Board of Immigration Appeals affirms or upholds a denial.

How to check asylum status?

If you have an asylum application pending with us, you can check your case status online. All you need is the receipt number that we mailed you after you filed your application. Start here: uscis.gov/casestatus.

What is the CASA injunction?

This preliminary injunction provides limited injunctive relief to members of two organizations, CASA de Maryland (CASA) and the Asylum Seeker Advocacy Project (ASAP), in the application of the Removal of 30-day Processing Provision for Asylum Applicant-Related Form I-765 Employment Authorization Applications Rule and the Asylum Application, Interview, and Employment Authorization for Applicants Rule to Form I-589s and Form I-765s filed by asylum applicants who are also members of CASA or ASAP.

How long do you have to file for asylum for a child?

To include your child on your application, the child must be under 21 and unmarried. You must file the petition within two years of being granted asylum unless there are humanitarian reasons to excuse this deadline. There is no fee to file this petition.

What is the form I-589?

Nationality. Membership in a particular social group. Political opinion. If you are eligible for asylum you may be permitted to remain in the United States. To apply for asylum, file a Form I-589, Application for Asylum and for Withholding of Removal, within one year of your arrival to the United States.

How long after filing an I-765 can I apply for asylum?

You may apply for employment authorization 365 calendar days after you file your complete asylum application.

When was the USCIS rescinded?

ALERT: On Aug. 2, 2019, USCIS rescinded the May 31, 2019, memorandum, “Updated Procedures for Asylum Applications Filed by Unaccompanied Alien Children,” when the U.S. District Court for the District of Maryland in the case of J.O.P. v. U.S. Dept. of Homeland Security et al., Civil Action 8:19-cv-01944, issued a temporary restraining order enjoining us from applying it. On Dec. 21, 2020, the District Court certified a class and entered an Amended Preliminary Injunction in the case of J.O.P (PDF, 57.46 KB).

How do I apply for asylum?

There are two ways in which a person can apply for asylum: Affirmative asylum: If you are not in removal proceedings, you may apply for asylum by submitting Form I-589, Application for Asylum and for Withholding of Removal to the U.S. Citizenship and Immigration Services (USCIS).

What is the requirement to get asylum?

To be granted asylum, a person must prove persecution or a well-founded fear of persecution because of their race, religion, nationality, social group status, or political opinion. U.S immigration law does not define the type of persecution outside of one exception – people who have undergone or fear a “coercive population control program,” which may include forced abortion or sterilization.

What is asylum?

As a result of this Act, the United States has legal obligations to protect those who qualify as refugees. An individual can obtain refugee status through two paths – either from abroad as a resettled refugee or in the United States as an asylum seeker.

What happens if you are expedited removed?

If a person in the process of expedited removal states their fear of returning to their home country or intention to apply for asylum, they will be granted a credible fear interview by a trained USCIS asylum officer.

What is the refugee admissions program?

In a statement issued by the White House, President Biden announced, “The United States Refugee Admissions Program embodies America’s commitment to protect the most vulnerable, and to stand as a beacon of liberty and refuge to the world. It’s a statement about who we are, and who we want to be.”.

Why is asylum granted?

Asylum is a form of protection granted to individuals who can demonstrate that they are unable or unwilling to return to their home country because of persecution or a well-rounded fear of persecution on account of:

How long does it take to get employment authorization while asylum is pending?

While their asylum case is pending, applicants cannot apply for employment authorization. The waiting period to request permission to work is 365 days after the completed asylum application is filed. However, pending asylum applicants may be eligible for employment authorization if they:

How do I apply for asylum?

You need to be in the United States when you apply for asylum. If you arrive to the United States with a valid visa or way to enter the United States , you can enter the United States and then submit your asylum application. Most of the time, you must apply for asylum within one year of arriving in the United States, although you can ask for an exemption.

How can I win my asylum case if I don’t have proof I was harmed?

It can be done if you can demonstrate that there is a pattern or practice of harm in your country.

What if I am on the US-Mexico border?

The US administration is trying to stop people from seeking asylum in the USA. Asylum seekers are being held in camps or detention centers. Children have been taken away from their parents. Read updates for asylum seekers on the US border.

What happens during the asylum interview?

In this video, a lawyer pretends to be an asylum officer and asks questions that would normally be asked to you during an interview. This will help you prepare your own answers to the questions they will ask you.

How many people are waiting for asylum in the USA?

The process for asylum in the USA. More than 300,000 people are already waiting to hear about their asylum applications in the USA. It will take a long time to process all those applications and interview all the applicants.

What evidence can I use to support my asylum claim?

Here are types of evidence that you can use to support your asylum case: Identity documents (i .e. your passport, birth certificate, student identification card, household registry, national identity card, or political party membership card) Identity documents of family members who traveled to the United States with you .

What documents are needed to apply for asylum?

Here are types of evidence that you can use to support your asylum case: 1 Identity documents (i.e. your passport, birth certificate, student identification card, household registry, national identity card, or political party membership card) 2 Identity documents of family members who traveled to the United States with you 3 Marriage certificate and birth certificates for children 4 Academic records (i.e. school records, certificates, and diplomas) 5 Medical records from hospitalization or treatment due to mistreatment in home country 6 Jail or court records 7 Any draft asylum applications or affidavits that you may have created 8 Any document that has been filed with any part of the United States government 9 Any other documents that you think might be important

Family Members of Asylum

When one member of a family is persecuted for the reasons listed above, it is very possible that the person’s family will also be persecuted, especially if the original victim of the persecution was allowed to leave the area where the persecution was occurring.

Upgrading to Lawful Permanent Resident

After an asylum seeker has remained in the country for at least a year, that person may apply for a green card, which is lawful permanent resident status, by filing Form I-485 with the USCIS. This form is an Application to Register Permanent Residence or to Adjust Status.

Working with an Attorney

Anyone who is thinking about requesting asylum from the United States government should seriously consider speaking with a professional immigration attorney.

How long does it take to get asylum in the US?

Generally, the application time limit to apply for asylum is one year after the applicant has entered the US. If the applicant waits for more than one (1) year, they may be at risk of losing out their application due to late filing. Once the applicant applies, it could take a while for interviews to be granted.

What is the difference between asylum seekers and refugees?

The main difference is that the asylum seeker is seeking a benefit from the government and they are proactively trying to get that benefit after they have entered the country. Meanwhile, a refugee is granted that status outside of the Country. The first prerequisite is that the Refugee and their family be in a United Nations High Commissioner for Refugees (UNHCR) camp. While in this camp, potential refugee recipients will be selected and background checks will be performed on them. Once the whole process goes through, the refugees will receive a travel document to enter the US with refugee status.

What is the first prerequisite for a refugee?

The first prerequisite is that the Refugee and their family be in a United Nations High Commissioner for Refugees (UNHCR) camp. While in this camp, potential refugee recipients will be selected and background checks will be performed on them.

What is the burden of showing eligibility for asylum?

First of all, it is important to know that an asylum applica nt has the burden of showing her eligibility for asylum. This means that the government needs to show only that the person applying does not qualify for asylum. So it is important to answer the question, what is asylum?

Can an attorney general get asylum?

This means that it is up to the discretion of the Attorney General who can or cannot get asylum in this country. Generally, the people making this determination are either immigration judges in removal (AKA deportation) proceedings, Board of Immigration Appeals judges on appeals from removal proceedings, United States Citizenship ...

Is asylum a law?

Asylum is an ever evolving area of law inside immigration law. Depending on which administration is in power at the time, asylum could be more or less permissive. This is because the Attorney General for the United States can decide asylum cases. For instance, during the Trump presidency, the then Attorney General Jeff Sessions issued the Matter ...

Is there a time limit for asylum?

The right to seek asylum protections in the United States has been recently under scrutiny. However, the right to seek asylum is a right that most non-citizens fleeing violence have upon entering the US. Please keep in mind that there is a time limit for an asylum application, and an untimely filed asylum application may be dismissed ...

Seeking asylum: hope and reality

As living conditions in various countries around the world become more difficult because of nationalistic, ethnic, and religious persecution, more and more people are seeking a safe haven for themselves and their families.

Applying for asylum: hope and facts

When you consider the already complex and detailed process, the asylum offices and courts cannot afford to squander their time handling cases with incomplete and inaccurately prepared documents. The unfortunate result of appearing in an Immigration Office or Court without adequate preparation is that it will not end well for the asylum-seeker.