You must meet the definition of a refugee in order to be eligible for asylum. You entered the United States lawfully on or after Aug. 25, 2020 (under limited exceptions, you may still be eligible if you entered the United States unlawfully on or after Aug. 25, 2020); For asylum applications filed on or after Aug. 25, 2020, you filed your asylum application within one year from the date of your last arrival into the United States (alternatively, an asylum officer or immigration judge determined that you qualify for an exception to the one-year filing deadline, or you are an unaccompanied alien child on the date the asylum application was first filed); You appeared for any scheduled biometric services appointments related to your application for asylum or employment authorization; You appeared for your interview with a USCIS asylum officer, or your hearing before an immigration judge, if requested or scheduled; You are not described in 8 CFR 208.7(a)(1)(iii); You do not have an outstanding applicant-caused delay related to your asylum application when you file your initial application for employment authorization; and. For in-status applicants, on the date an asylum officer denies your asylum application; 30 days after an immigration judge denies your asylum application, unless you file a timely appeal to the Board of Immigration Appeals; or. 2.
More information about how to file your application can be found in the instructions for Form I-589 (PDF, 161.34 KB). Acknowledgment of receipt of your application, and. If you are also requesting asylum status for your spouse and children and they are with you in the U.S., they will need to go with you to your ASC appointment. al. C15-0813JLR (W.D. To meet the requirements of the affirmative process, they must apply for asylum within one year of when they last arrived in the US… A lock ( A locked padlock ) or https:// means you've safely connected to the .gov website. For more information about asylum, see our Asylum Questions and Answers page. To apply for asylum in the U.S., you must be physically present in the U.S. To apply for asylum, you should file Form I-589, Application for Asylum and for Withholding of Removal, with USCIS within one year of your last arrival in the United States (unless you qualify for an exception to the one-year filing deadline). v. U.S. Dept.
No final decision has been made on your asylum application (note that a referral to an immigration judge after an interview with USCIS is not a final decision). For more information, see the Form I-765 webpage. To apply for a Green Card, file a Form I-485, Application to Register Permanent Residence or to Adjust Status. Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to: If you are eligible for asylum you may be permitted to remain in the United States. For more information about Green Cards, see our Green Cards for Asylees page. The asylum officer will determine whether you: A supervisory asylum officer reviews the asylum officer’s decision to ensure it is consistent with the law. Please see the section on our Form I-765 webpage, Preliminary Injunction Impacting CASA and ASAP members. For more information on the types of asylum decisions issued by USCIS, see our Web page on Types of Asylum Decisions.
For information on asylum eligibility, see the Asylum Eligibility and Applications page. For information about the defensive asylum process, see the Obtaining Asylum in the United States page. While Defensive Asylum is intended for people who are in the process of expulsion. Your application will be accepted without the fingerprint card attached. You cannot apply for permission to work (employment authorization) in the United States at the same time you apply for asylum. On May 31, 2019, USCIS issued memorandum, “Updated Procedures for Asylum Applications Filed by Unaccompanied Alien Children.” On Aug. 2, 2019, the United States District Court for the District of Maryland in the case of J.O.P. To include your child on your application, the child must be under 21 and unmarried. You must submit a separate I-485 application packet for yourself and, if applicable, for each family member who received derivative asylum based on your case. You may apply for employment authorization 365 calendar days after you file your complete asylum application.
More information is available on our Preparing for Your Biometric Services Appointment page. A person must file for asylum within one year of the person’s last entry into the United States. Now we explain a little more the meaning of both types of asylum. Form I-589, Application for Asylum and for Withholding of Removal, Form I-589, Application for Asylum and for Withholding of Removal, Preparing for Your Biometric Services Appointment, Affirmative Asylum Procedures Manual (AAPM) 2016, Did not follow the one-year filing deadline for, Had a previous asylum application denied by an immigration judge or the Board of Immigration Appeals; or. Go to the USCIS Service and Office Locator page for contact information. Asylum grants are just a tiny part of America’s vast and complicated immigration system, but the process is widely misunderstood and mischaracterized, even by the government leaders responsible for managing it. If you are granted asylum you may petition to bring your spouse and children to the United States by filing a Form I-730, Refugee/Asylee Relative Petition. Asylum office directors may consider, on a case-by-case basis, an urgent request to be scheduled for an interview outside of the priority order listed above. Secure .gov websites use HTTPS To learn more, visit the Rosario Class Action page. Asylum is a synonym of refugee status that is used to refer to people who are seeking refuge at a country's border or when already inside of it. You may include your spouse and children who are in the United States on your application at the time you file or at any time until a final decision is made on your case. There are two processes to get asylum in the United States.
Notice to visit your nearest application support center (ASC) for fingerprinting. Official websites use .gov Requesting to amend or supplement an asylum application and causing a delay in its adjudication or in proceedings; Failure to appear to receive and acknowledge receipt of the decision; Requesting to provide additional evidence for an interview, or requesting an extension to submit additional evidence less than 14 days before the interview date, and causing a delay in the asylum application adjudication; Failure to appear for an asylum interview, unless USCIS excuses you; Failure to appear for scheduled biometrics collection for the asylum application, unless USCIS excuses you; Requesting to reschedule an interview for a later date; Requesting to transfer a case to a new asylum office or interview location, including when the transfer is for a new address; Failure to use a USCIS contract interpreter or provide a competent interpreter at an interview; or. As of January 29, 2018, the USCIS Asylum Division is scheduling asylum interviews in the following order of priority:*.