For people facing danger in their home countries, seeking asylum in the United States serves as a pathway toward safety and a chance to start anew in a country that places a high value on human rights.
If you want to seek refuge from danger or persecution in your own country, understanding how to obtain asylum in the U.S. can be a critical first step toward securing a safer future for yourself and your family. There are two main ways to seek asylum in the U.S., each with its own procedures and requirements.
The affirmative process
For asylum seekers currently not in removal proceedings, the affirmative process might be their starting point. This process requires you to be physically present in the U.S. to apply. You may apply for asylum within one year of your last arrival date in the U.S., regardless of your immigration status and how you arrived.
Asylum seekers should submit Form I-589 to the U.S. Citizenship and Immigration Services (USCIS). The USCIS will then schedule an interview with you, where you will need to present your case and explain why you need protection.
The defensive process
If you are a noncitizen undergoing removal proceedings with the Department of Justice’s Executive Office for Immigration Review, the defensive process will apply. This happens if an asylum officer refers you after they declare your ineligibility following an affirmative process. The defensive process may also apply if you undergo removal proceedings after an arrest or a violation of immigration laws.
During this process, you must present your case in a formal court setting before an immigration judge and prove why you qualify for asylum through testimony, witnesses and supporting evidence.
Each of these processes can serve as a beacon of hope if you face severe threats in your country of origin. Navigating the U.S. asylum process can be complex and requires detailed knowledge of immigration law. With the right support and preparation, you can significantly boost your chances of success in the U.S. immigration process.