Asylum in the US allows people fleeing persecution, violence, or threats based on who they are or what they believe to find safety and begin rebuilding their lives. To apply for asylum, a person must reasonably fear that returning home would expose them to persecution, meaning serious harm or threats caused by the government or by groups the government cannot control. However, understanding how to get asylum in the USA can be complicated.
At EMP Law, our North Carolina immigration attorneys help clients navigate every step of the asylum process. We represent individuals and families with compassionate, skilled, and determined advocacy. We help clients prepare thorough asylum applications, understand their rights, and present their cases before U.S. Citizenship and Immigration Services (USCIS) or the immigration courts.
Please don’t hesitate to contact an Immigration lawyer online or call (336) 724-2828 today for a consultation.
Eligibility: How to Get Asylum in the USA
Asylum is humanitarian protection that offers those who qualify a path to permanent residency (a green card) and eventually U.S. citizenship. To qualify, an applicant must be physically present in the U.S. and reasonably fear that they cannot safely return to their home country because the government or groups that the government does not control will persecute the applicant. That persecution must be based on the applicant’s actual or perceived:
- Race,
- Religion,
- Nationality,
- Political opinion, or
- Membership in a particular social group.
Qualifying based on being a member of a particular social group (PSG) can be based on shared traits, such as gender, sexual orientation, family ties, or common experiences or characteristics that the applicant cannot easily change.
How Can I Apply for Asylum in the USA?
So, how can you apply for asylum in the USA? The manner in which you apply for asylum depends on whether the government has started removal proceedings, the formal process for deporting someone, against you. If the government has not placed you in removal proceedings, you can apply for asylum affirmatively from United States Citizenship and Immigration Services (USCIS). If you are currently in removal proceedings, you apply for defensive asylum and have to prove your case to an immigration judge.
If USCIS does not grant an affirmative application, the case typically transfers to the immigration court system for defensive asylum review, unless the applicant has another form of lawful status. As a result, if you apply for affirmative asylum, you may have two opportunities to prove your case. Both processes can eventually lead to a green card. If you prove your defensive case before an immigration judge, USCIS takes over the case as you work toward a green card.
How to File for Asylum Affirmatively
Filing for affirmative asylum involves:
- Submitting Form I-589, Application for Asylum and for Withholding of Removal, and supporting documents to USCIS;
- Attending a biometrics appointment for fingerprinting and background checks;
- Preparing for and attending an asylum interview with a USCIS officer; and
- Receiving USCIS’s decision.
You typically need to file for affirmative asylum within one year of arriving in the U.S. Limited exceptions exist. You may file later if the circumstances have changed, such as worsening conditions in your home country that mean you now qualify for asylum but may not have before. You may also file later if you can show that extraordinary circumstances, like a serious illness, prevented you from filing within one year.
Filing for Asylum Defensively
When the government has already issued a Notice to Appear (NTA) in immigration court, beginning formal removal proceedings, the noncitizen can only apply for asylum before an immigration judge. This process is called defensive asylum because the applicant requests asylum to defend against the government’s efforts to deport them.
Filing for defensive asylum typically involves:
- Submitting Form I-589 and supporting documents to the immigration court;
- Attending a Master Calendar Hearing, where the judge explains the process, confirms that the applicant will apply for asylum, and sets future hearing dates;
- Participating in a Merits Hearing, where the judge reviews testimony, evaluates evidence, and decides whether the applicant qualifies for asylum; and
- Receiving the judge’s decision.
If the judge denies asylum, you may appeal to the Board of Immigration Appeals (BIA) to review the decision.
Apply for Asylum in North Carolina
At EMP Law, we help clients understand how to apply for asylum in the USA and prepare detailed, well-supported applications. Our North Carolina immigration attorneys guide clients through interviews, hearings, and appeals. We help clients present their stories clearly, giving them the best chance of receiving protection.
If you or a loved one needs to know how to apply for asylum in the USA, contact EMP Law today.
Our Winston-Salem Office is at 328 N Spring Street, Winston-Salem, NC 27101.
Our Charlotte Office is at 300 E. Kingston Avenue, Suite 200, Charlotte, NC 28203.
Helen believes in providing caring, thoughtful and thorough representation for each and every person.
In particular, Helen focuses on helping individuals navigate the maze of rules, procedures and processes created by the United States Citizenship and Immigration Services and those facing criminal charges or deportation.
She represents clients facing criminal charges in both state and federal court. She is a member of the Criminal Justice Act panel of attorneys in the Middle District of North Carolina, and is admitted to practice before the Eastern, Middle and Western District Federal Courts as well as the Fourth and Eleventh Circuit Courts of Appeal.
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