Asylum allows individuals fleeing dangerous conditions in their home countries to permanently settle in the U.S., potentially saving their lives. But how long does the asylum process take? Many factors influence the typical asylum processing time, including whether the individual is in removal proceedings and the backlog of cases pending with the United States Citizenship and Immigration Services (USCIS) and the immigration court system. While some cases move quickly, many take years to complete.
At EMP Law, we are committed to helping individuals seeking asylum in the United States navigate this challenging process. With a history of defending clients against powerful opponents, we provide skilled, experienced, and determined support for asylum applicants.
What Is Asylum?
Individuals who have fled their home countries may qualify for asylum if they left due to persecution or a well-founded fear of persecution based on:
- Race,
- Religion,
- Nationality,
- Political opinion, or
- Membership in a particular social group.
With some exceptions, the law requires asylum seekers to apply within one year of arriving in the U.S. You typically apply for asylum through one of two processes. If you are not in removal or deportation proceedings, you apply for affirmative asylum. If you are, you apply for defensive asylum.
Crucially, if USCIS does not grant an affirmative application, it may refer you to immigration court, meaning it initiates removal proceedings against you. Even though you already applied for affirmative asylum, you can apply for defensive asylum there, extending the asylum processing time.
Affirmative Asylum: How Long Does It Take?
There are several steps to the affirmative asylum process.
Preparing to Apply
Individuals who apply for asylum have often experienced significant trauma and may struggle to talk about what happened. It can also be challenging to gather evidence, especially evidence still located where you fled. As a result, the preparation process can take several weeks to months.
Applying
To apply, submit Form I-589, Application for Asylum and for Withholding of Removal, and supporting documents to USCIS. Within a few days or weeks, USCIS will send you a notice of receipt with essential information about your application.
Biometrics Appointment
You usually receive a notice scheduling a biometrics appointment within a few weeks or months after you submit your application. There, USCIS takes your fingerprints and photo for a background check.
Asylum Interview
After biometrics, applicants may go a long time without hearing from USCIS. Depending on backlogs, you may wait several months to several years before receiving a notice scheduling you for your asylum interview.
Decision
After your interview, the interviewing officer decides whether to grant asylum. You should receive a decision within six months to a year, but delays are common.
If the officer grants your application, you become an asylee. Once you have lived in the U.S. as an asylee for one year, you can apply for a green card.
If the officer does not grant your application and refers it to immigration court, where you apply for defensive asylum, the asylum timeline generally extends considerably.
How Long Does the Asylum Process Take in the U.S. When You Apply Defensively?
Defensive asylum involves a noncitizen in removal proceedings applying for asylum to defend against removal in a formal court setting before an immigration judge. Defensive asylum cases begin with the government initiating removal proceedings and continue through multiple hearings, after which the immigration judge decides whether to grant or deny asylum.
Initiation of Removal Proceedings
The government initiates removal proceedings by issuing a Notice to Appear (NTA), which identifies:
- Why the government thinks you are deportable,
- When your first hearing will occur, and
- Where.
After proceedings begin, you can submit Form I-589 to the immigration court.
Master Calendar Hearing
A Master Calendar Hearing (MCH) is the first hearing before an immigration judge. You inform the judge that you are requesting defensive asylum, and the court sets case deadlines. This hearing may occur several months to years after you receive an NTA.
Merits Hearing
You and your lawyer present evidence and arguments supporting your asylum claim at the merits hearing. This hearing may occur months or years after your MCH. Sometimes, you may need more than one hearing to present your evidence. If that happens, the court schedules a second merits hearing, possibly months or years later.
Decision
Immigration judges aim to decide asylum applications within a few weeks or months, but wait times of several months or more than a year are common. If the judge grants asylum, you become an asylee and can apply for a green card after one year, the same as affirmative asylum. If the judge denies asylum, you may be able to appeal, which can also extend the timeline by months or years.
Hire an Asylum Lawyer from EMP Law
If you are considering applying for asylum, hiring an Immigration lawyer is essential. Your lawyer will help you:
- Fill out Form I-589,
- Decide what evidence to include,
- Write an explanation of the circumstances that led you to seek asylum,
- Apply for work authorization while your case is pending,
- Prepare you for your asylum interview or court hearings,
- Attend the interview or handle the court hearing, and
- Guide you through your next steps.
If you seek asylum in the U.S., EMP Law can provide the guidance and support you need. We have extensive experience in immigration law and a deep commitment to defending our clients’ rights. Contact us today to discuss your case and learn how we can help you pursue a secure and stable future in the U.S.
Michael provides compassionate, diligent, and creative legal services that are tailored to meet each client’s specific needs. His experience relating to clients from diverse backgrounds makes him well suited for representing his clients across a broad range of legal areas. He practices in the areas of employment law and family law, and is experienced in criminal law.
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