RAMA LAW IMMIGRATION PRACTICE GROUP
ASYLUM APPLICATIONS
Who is Eligible to Apply?
Asylum may be granted to people who are arriving in or already physically present in the United States. To apply for asylum in the United States, you may ask for asylum at a port-of-entry (airport, seaport, or border crossing), or file Form I-589, Application for Asylum and for Withholding of Removal, at the appropriate Service Center within one year of your arrival in the United States. You may apply for asylum regardless of your immigration status, whether you are in the United States legally or illegally.
You must apply for asylum within one year of your last arrival in the United States, but you may apply for asylum later than one year if there are changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances directly related to your failure to file within one year. These may include certain changes in the conditions in your country, certain changes in your own circumstances, and certain other events. You must apply for asylum within a reasonable time given those circumstances.
You will be barred from applying for asylum if you previously applied for asylum and were denied by the Immigration Judge or Board of Immigration Appeals, unless you demonstrate that there are changed circumstances which materially affect your eligibility for asylum. You will also be barred if you could be removed to a safe third country pursuant to a bilateral or multilateral agreement.
Types of Asylum Decisions
The applicant will receive one of the following decisions which are detailed below:
- Grant of Asylum
- Recommended Approval
- Referral to an Immigration Court
- Asylum Granted through Immigration Court Order
- Notice of Intent to Deny
- Final Denial
- Conditional Grant (See "Resistance to Coercive Population Control (CPC) Programs")
What Will Happen At My Asylum Interview?
The interview will generally last at least an hour, although the time may vary depending on the case. You will be asked to take an oath promising to tell the truth during the interview. The Asylum Officer will verify your identity and ask you basic biographical questions. The Asylum Officer will ask you about the reasons you are applying for asylum. The Asylum Officer will know that it may be difficult for you to talk about traumatic and painful experiences that caused you to leave your country. However, it is very important that you tell the Asylum Officer your experiences so that the Asylum Officer can determine whether you qualify as a refugee. The Asylum Officer will also ask you questions to determine if any bars apply to being granted asylum. Everything you say to the Asylum Officer will be confidential. You and your attorney or representative, if any, will have time at the end of the interview to make a statement or add any additional information. A decision will not be made at the asylum interview.
Referral to Immigration Judge
If the Asylum Officer was unable to approve your asylum application and you are not currently in valid status then you will receive charging documents that place you in removal proceedings in Immigration Court. Your asylum application will be referred to the Immigration Court for an Immigration Judge to decide during the removal proceedings.
