If you are trying to come to America with the intention of seeking asylum, you may have questions about the process and what to expect. You are able to seek asylum for a variety of reasons, but most people come to the U.S. seeking asylum because they have a fear of, or the experience of, persecution as a result of their religion, race, membership in a social group or other reasons set by the U.S. Government.
If you fear persecution in your country or are trying to escape it, you may pursue political asylum.
How do you go about getting political asylum?
There are two methods for seeking political asylum. The first is to apply at the local U.S. Asylum Office. The second option is to use asylum as a defense if you are facing deportation.
How do you apply for asylum through the United States Citizenship and Immigration Services?
If you will apply for asylum in the affirmative process, you will need to be in the United States when you begin. It doesn’t matter how you came to the USA. Whether you’re in the country legally or not, you may seek asylum. To do this within a year of coming to the country or after facing changed circumstances that allow you to qualify, you will need to fill out Form I-589.
How do you fight deportation and seek asylum?
If you want to fight deportation with the intention of seeking asylum, you will need to seek asylum while you are in removal proceedings with the Executive Office for Immigration Review. You and your attorney may be present in immigration court to present your case for asylum.
What happens after you make your case?
After you make your case for asylum, either the USCIS or a judge will review your application and decide if you should be granted asylum. If your request is denied by the USCIS, it may go on to the EOIR if you don’t have legal immigration status. There, a judge will review the case again and determine if you should be able to remain in the country or should be deported based on being in the country illegally.