The Asylum Process

The Asylum Process

 

Section
1 Applying/Filing for Asylum

 

            Step 1: 
Filing for Asylum

 

If you entered the U.S. with a
valid visa:

 

1.)  
You
should START with a reliable and experienced immigration lawyer.  It is advisable to file with the help of an
immigration lawyer. 

2.)  
File
an asylum application packet (form I-589) with United States Citizenship and Immigration Services
(USCIS).  You will not be charged a
fee and you MUST file within 1 year after
arriving in the U.S.  You can still apply even after your visa
expires, as long as you file within 1
year after arrival.

3.)  
USCIS
will send you a notice saying they received your application.

4.)  
While
your application is pending, you can stay in the U.S.

5.)  
150 continuous days after USCIS receives
your application, you may apply for employment authorization.

6.)  
When
required, you, and any family members must attend a biometrics appointment for fingerprinting and photographs.

7.)  
You
will have an interview with an asylum officer from USCIS within 45 days of
filing the application. If you choose to speak in your native language, make
sure you have a good interpreter with you.

8.)  
After
the interview, USCIS willnotify you of
their decision on your asylum application (either in person or by mail).
Your application may be:

 

a.    
Approved

b.    
Approved
pending a background check

c.    
Referred
to an Immigration Judge (very common)

d.    
Denied
(you can reapply)

 

If your case is referred to an immigration
judge, you will receive a notice to appear before court for a Master Calendar Hearing.  If you
DID NOT enter the U.S.
with a valid visa and you were arrested by U.S. Immigration and Customs Enforcement (ICE) or Customs and
Border Protection (CBP):

 

1.)  
You
may have a bond hearing where you
see a judge and are released from detention by paying the bond.

2.)  
You
will receive a notice to appear in court for a Master Calendar Hearing.

 

Step 2: 
The Court Process

 

1.)  
At
this hearing the court will check your identity and whether you have a lawyer
and then will decide the date of your Merits
Hearing.  Note:  You must have a lawyer for the Master
Calendar Hearing.

2.)  
You
must then attend a Merits Hearing (or
individual hearing) before the Immigration Judge.  This will be recorded and the court will
provide you with an interpreter.

3.)  
The
Judge will decide to Grant or Deny your asylum based on the hearing.  Don’t worry! 
Your lawyer will be there with you to argue in your favor. 

 

Step 3: 
The Judge’s Decision

 

1.)  
If
the judge GRANTS your asylum, that
is wonderful!  But, the government lawyer
may appeal within 30 days.  If the
government appeals, the judge may decided to call you back to court, or decide
to grant or deny your asylum.

2.)  
If
the judge DENIES your asylum:

a.    
You
can appeal to the Board of Immigration Appeals (BIA).  You must file within 30 days.

_Note: 
If the Immigration Court
denies your petition, you need an immigration lawyer who has a lot of
experience in filing appeals.

b.    
If
the BIA denies your petition, you have one more chance to appeal, this time to
the District Court of Appeals.  You
must appeal within 30 days.