Seeking asylum in the United States gives immigrants a way of legally immigrating if they are at risk in their home country. However, before you begin this process, you need to know how to qualify for asylum in the USA and what evidence you need to provide. Depending on your unique situation, it can be challenging to meet the criteria for asylum, which is why you need to be prepared. Here is everything you need to know about the U.S. asylum eligibility requirements and application process.
U.S. Asylum Eligibility Requirements
The good news for those ready to begin the United States asylum process is that there aren’t many eligibility requirements for asylum in the USA. However, you must be able to meet the few requirements there are; otherwise, your application will most likely be denied.
Keep in mind that if you do not qualify as an asylum seeker, you may qualify as a refugee.
One of the main eligibility requirements for asylum is that you need to already be living in the United States. You must also have a strong belief that you would be in danger of persecution in your home country if you were to return. It isn’t enough to simply believe that you will be in danger, you must be able to provide substantial proof of this.
Eligibility for asylum in the U.S. is almost completely dependent on your ability to prove that you have either been persecuted in the past or fear persecution in the future if you had to go back to your home country. If you can prove this, the U.S. provides protection in instances involving these protected grounds:
- Race
- Nationality
- Religion
- Social group
- Political opinion
If you believe that you meet the U.S. asylum eligibility requirements, you need to hire an immigration attorney to help you with your case. An attorney will help you with every step of the process, from collecting evidence to submitting your application. They can also assist you if you run into any issues, such as requests for additional evidence.
Qualifying For Asylum: The Application Process
To proceed with applying for asylum, there are a few steps you need to take. Keep in mind that if you have already entered the United States, you need to start the application process within one year of your arrival. If you fail to do this, it is very likely that your application will be denied, and you will be put into deportation proceedings.
Here is the basic application process for Asylum seekers:
- Apply for affirmative asylum by submitting form I-589, which is an application for asylum and withholding of removal.
- Attend a biometrics appointment, which the USCIS uses to obtain your signature, photograph, and fingerprints.
- Attend the asylum interview to discuss your application.
These are the three basic steps required when you apply for asylum in the United States. In most cases, you can expect to receive a decision within two weeks after you have completed your asylum interview.
Depending on the details of your case, you may be required to attend a hearing before an immigration judge. If that is the case, you’ll have to wait for a hearing date, which can take quite some time if the court is backed up.
If you are ultimately granted asylum status, you will be able to legally work and live in the United States while your status is active. After one year, you will also be eligible to apply for a green card.
It is important to understand that it is possible for those with asylum status to lose their status if they develop a criminal record or if their home country becomes safe again. That is why you should apply for a green card as soon as possible if you do not wish to return to your home country.
Proving Fear of Persecution
When you start the application process by filing form I-589, you will need to also provide extensive evidence to prove that you are eligible. This evidence needs to show that your fear of persecution is well-founded and isn’t merely an excuse to get a green card.
Here are some types of evidence you can use to prove fear of persecution in your home country:
- Personal affidavit
- Affidavits from others
- News articles
- Reports from human rights organizations
- Medical records
- Psych evaluations
- Police reports
- Photographs and video footage
- Expert testimony
If you aren’t able to prove that your fear of persecution is well-founded, your application may be rejected by the USCIS. This would also disqualify you from seeking refugee status since you would need to provide the same type of evidence.
When you hire an immigration attorney, they can help you collect all of the evidence you need to prove that your fear of persecution is well founded. They can also help you get certain pieces of evidence that would otherwise be hard to get on your own, such as expert testimonies and medical reports.
How Long Does It Take to Obtain Asylum?
On average, asylum applicants will hear back about their case within 180 days after they have filed. However, this is very dependent on each individual situation as the USCIS may be busier or your case may be more complex.
If your asylum application runs into any issues, this can also create significant delays. For example, if your application is not filled out correctly, this could result in you needing to correct it or it may even be denied.
If your application is denied, the good news is that you can apply for asylum more than once if necessary. Just keep in mind that this can result in a significant wait time since you will be starting the process all over again. Applying for asylum more than once can also start to look a bit suspicious, which can create possible delays with your application.
Hire an Immigration Attorney Today
Are you ready to start the process of applying for asylum in the United States? Contact us today at U.S. Immigration Law Counsel at 800-666-4996 to speak with an immigration attorney about your situation. We will deal with the government, so you don’t have to!
