How Do You Start the Asylum Application Process?
Filing for asylum involves several steps that require attention and preparation. Knowing what to expect and fulfilling each requirement on time can help your application progress smoothly. Here are the preliminary steps involved.
Arrive In The U.S.
You must be physically present in the United States or at a U.S. port of entry to apply for asylum. It involves entering the country, whether through a Visa or without official documentation. Therefore, you may apply even if you are an undocumented immigrant, provided you are not currently in removal proceedings.
Complete Form I-589
Form I-589, Application for Asylum and Withholding of Removal, is the central document in the process. In this, you explain your reasons for seeking protection and provide key details about yourself, your family, and your experiences. It serves as the foundation of your case, so accuracy and completeness are critical.
When completing the form, you must include a thorough explanation of why you fear persecution in your home country. It also asks about past experiences, including specific incidents of harm or threats. Supporting evidence, such as police reports, medical records, or witness affidavits, can be submitted alongside the form to strengthen your claim.
A vital requirement for asylum applications is filing Form I-589 within one year of your last arrival in the U.S. Missing this deadline may render you ineligible unless you can demonstrate one of two exceptions:
Changed Circumstances: Significant changes in your home country or personal circumstances, such as political upheaval or personal threats, can extend eligibility.
Extraordinary Circumstances: Serious obstacles, like mental impairment, disabilities, or the serious illness or death of immediate family.
Additionally, other situations could affect your application. For example, prior denials by an immigration judge or removal to a safe third country under specific agreements may prevent approval. Identifying and addressing these or any other potential issues is critical before submitting your form.
Given the potential bars to eligibility, completing Form I-589 requires careful attention to detail to avoid unnecessary issues. Mistakes, omissions, or inconsistencies could lead to delays or raise questions about your credibility. It’s beneficial to double-check all information and ensure your answers align with your supporting documentation.
Attend Fingerprinting Appointment
After filing Form I-589, you’ll receive an appointment notice directing you to a local Application Support Center (ASC) for fingerprinting and biometric data collection. This step is a mandatory part of the process and helps verify your identity while conducting background and security checks.
As an applicant, you are not required to pay a fingerprinting fee. If you are requesting asylum for your spouse or children who are present in the United States, they must attend the appointment with you. Be sure to bring the ASC notice and any other required documents to avoid complications during the visit.
Receive An Interview Notice
Once your biometrics are processed, you’ll receive a notice from the USCIS for your interview. This notice includes the date, time, and where it’ll happen, whether in the asylum office or a circuit ride location. The interview is one of the most critical steps in the process, as it allows you to present your case in person.
Receiving a notice means your case is advancing. It’s an opportunity to provide a clear and detailed account of why you seek asylum. Preparing for this step is critical, as the officer will evaluate your credibility, consistency, and supporting evidence during the interview.
Lincoln-Goldfinch Law - Abogados de Inmigracion
1005 E 40th St Austin, TX 78751
