What Applicants Need To Know | Strategies for Successfully Applying for Asylum
Have you fled your native country because of persecution based on your race, nationality, religion, political affiliation, or membership in a particular social group? Are you afraid or unwilling to return home because of fears of retribution or persecution? You may be eligible to remain in the United States by seeking asylum under American immigration laws. What is the asylum process? What do you need to know to successfully obtain asylum in the United States?
What Is the Asylum Process in 2025?
Under American law, there are generally three ways to pursue asylum: pursuant to an asylum merits interview after expedited removal proceedings, through the “defensive asylum process” if you are currently in removal proceedings, or through the affirmative asylum process.
The following steps will take you through the affirmative asylum process:
- First and foremost, you must come to the United States to begin the asylum process. There is no way to initiate asylum proceedings from a foreign country, including through any U.S. embassy in a foreign country. Filing for this type of service from outside the United States requires a refugee application.
- To initiate the process, you must file Form I-589, Application for Asylum and for Withholding of Removal. This form must be filed within one calendar year of your last arrival in the United States. To qualify for asylum, you must demonstrate a “well-founded fear of persecution if you return to your home country.” Your application may be denied if the one-year deadline has passed, if you have had a prior asylum request denied, or if you can be safely removed to a third country.
- Once your asylum application has been received, you will be sent an acknowledgement and request that you be fingerprinted.
- You must then go to the USCIS Application Support Center to be fingerprinted. There is no charge when you are applying for asylum.
- Once you have been fingerprinted, you will be scheduled for an interview with an asylum officer. This may take place at an asylum office, or your interview may be at a circuit ride location. The interview notice will specify the date, time, and location. It can take years to be scheduled for this interview; however, an applicant can apply for a work permit 180 days after filing their initial application.
- At the interview, an asylum officer will review your application. The officer will confirm the data on your petition for asylum and ask specific questions about why you left your country of origin and why you’re afraid to go back. You may bring an attorney with you. In addition, you must bring your spouse and any children for whom you are also seeking asylum. You may also bring witnesses. The interview usually takes about an hour, but may vary based on the circumstances of your case.
- Based on the information gathered in the interview and the details of your written application, the asylum officer will confirm whether you qualify for asylum under the conditions set forth in the Immigration and Nationality Act.
- Generally, you must return to the asylum office in about two weeks to get the officer’s decision. A denial at this stage is not a dead end. A denied applicant will be placed in removal proceedings and will be able to present their case to an immigration judge.
What Can You Do To Maximize Your Chances of Obtaining Asylum?
To have the best shot at being granted asylum, you should:
- Hire an experienced attorney as soon as possible.
- Prepare in advance for the asylum interview.
- Obtain or maintain any evidence supporting your specific asylum claim, from text messages to pictures to news articles.
- Keep records of everything related to the asylum application process.
Schedule an Appointment With the Experienced Immigration Attorneys at Bailey & Galyen
At the law offices of Bailey & Galyen, we have worked successfully with individuals facing challenges with immigration matters for more than four decades, including people seeking asylum in the United States. We have a thorough knowledge of the laws and process related to asylum proceedings, and we will be your advocate at all times. For an initial consultation with a proven Texas immigration lawyer, contact us by e-mail or call our offices. Our phones are answered 24 hours a day, seven days a week.
