What is Asylum?
Asylum is a form of protection that allows individuals who
are in the United States to remain here, provided that they meet
the definition of a refugee and are not barred from either applying
for or being granted asylum, and eventually to adjust their status
to lawful permanent resident.
What is a Refugee?
The Immigration and Nationality Act defines "refugee" in
Sec. 101(a)(42) as:
(A) any person who is outside any country of such person's nationality
or, in the case of a person having no nationality, is outside any
country in which such person last habitually resided, and who is
unable or unwilling to return to, and is unable or unwilling to
avail himself or herself of the protection of, that country because
of persecution or a well-founded fear of persecution on account
of race, religion, nationality, membership in a particular social
group, or political opinion, or
(B) in such circumstances as the President after appropriate consultation
(as defined in section 207(e) of this Act) may specify, any person
who is within the country of such person's nationality or, in the
case of a person having no nationality, within the country in which
such person is habitually residing, and who is persecuted or who
has a well-founded fear of persecution on account of race, religion,
nationality, membership in a particular social group, or political
opinion. The term "refugee" does not include any person
who ordered, incited, assisted, or otherwise participated in the
persecution of any person on account of race, religion, nationality,
membership in a particular social group, or political opinion.
For purposes of determinations under this Act, a person who has
been forced to abort a pregnancy or to undergo involuntary sterilization,
or who has been persecuted for failure or refusal to undergo such
a procedure or for other resistance to a coercive population control
program, shall be deemed to have been persecuted on account of
political opinion, and a person who has a well founded fear that
he or she will be forced to undergo such a procedure or subject
to persecution for such failure, refusal, or resistance shall be
deemed to have a well founded fear of persecution on account of
political opinion.
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Orlando, FL (407)-574-7024
Naples, FL (239)-643-5529
The Affirmative Asylum Process at a Glance
STEP ONE: Asylum-Seeker Arrives in the United States
An asylum-seeker is generally eligible to apply for asylum under
INA § 208(a) if he or she:is arriving in or physically present
in the United States, and files within one year of arriving in
the United States or establishes that an exception applies.
STEP TWO: Asylum-Seeker Applies for Asylum
Asylum-seeker files Form I-589, Application for Asylum and Withholding
of Removal, with the appropriate Service Center within one year
of last arrival in the United States (unless an exception applies).
STEP THREE: Applicant is Fingerprinted and Background Security
Checks Conducted
Applicants between 14 and 79 years of age receive a notice from
the Service Center to go to an Application Support Center or authorized
Designated Law Enforcement Agency to have their fingerprints taken.
STEP FOUR: Applicant Receives Interview Notice
In most cases, an applicant will receive a notice stating the
date, location, and time of the asylum interview within 21 days
after the applicant mailed a complete Form I-589 to the Service
Center.
STEP FIVE: Applicant is Interviewed by an Asylum Officer
The applicant is interviewed by an Asylum Officer at either:
one of the eight asylum offices located in Arlington, VA; Chicago,
IL; Houston, TX; Los Angeles, CA; Miami, FL; Newark (Lyndhurst),
NJ; New York (Rosedale), NY; and San Francisco, CA - OR
a district office
In the majority of cases, the applicant is interviewed within
43 days after the filing date. The exception is for those who are
interviewed at the district offices. Asylum officers travel to
certain district offices to interview applicants who live far from
the eight asylum offices.
- Need Help? Call us at -
Orlando, FL (407)-574-7024
Naples, FL (239)-643-5529
STEP SIX: Asylum Officer Makes Determination on Eligibility and
Supervisory Asylum Officer Reviews the Decision
The Asylum Officer determines whether the applicant:
meets the definition of a refugee in INA § 101(a)(42)(A),
and
is barred from being granted asylum under INA § 208(b)(2).
A Supervisory Asylum Officer reviews the Asylum Officer’s decision
to determine if it is consistent with the law. Depending on the case,
the Supervisory Asylum Officer may refer the decision to Asylum Division
Headquarters staff for review.
STEP SEVEN: Applicant Receives Decision
In most cases, the applicant returns to the asylum office to pick
up the decision two weeks after the interview was conducted.
The applicant will generally receive the decision 60 days after
the filing date.
Longer processing times may be required for an applicant who is
currently in valid status, was interviewed at a district office,
or whose case is being reviewed by Asylum Division Headquarters
staff. The decision is generally mailed to the applicant in these
situations.
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