Asylum

The first step in the defensive asylum process is a master calendar, or initial, hearing. If you have a lawyer, the judge will list your matter for merits, or final, hearing.

If you do not have a lawyer, the court provides you with a list of pro bono (free) lawyers and lists your matter for another interim court date.

If you were apprehended at a port of entry or by ICE while living illegally in the United States, you must file a Form I-589, Application for Asylum and for Withholding of Removal. You do not need to file this form if you have been referred to a court by USCIS following an affirmative asylum application.

You file a Form I-589 with the court that hears your application. You must file it within one year of your arrival in the United States unless you can show that either (1) circumstances have changed affecting your eligibility for asylum; or (2) extraordinary circumstances caused the delay.

The judge may direct you to file the form sooner. It is important to follow any directions the judge gives you on timeframes to ensure your case progresses.

Before your final hearing, you can submit supporting evidence to the court and update your Form I-589 if any details have changed.

Evidence that may support your asylum claim includes:

• Your personal statement
• Medical records
• Expert reports
• Human rights reports
• Evidence of the persecution you suffered in your home country.
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For example, you can provide photos, witness statements, or police reports. 

The judge will give you a deadline to file these documents, typically 15 days before your final hearing.

After filing your petition, you need to attend an Application Support Center (ASC) for your fingerprints to be taken by the USCIS.

At the individual, or merits, hearing, the judge hears the evidence and decides your case. Your attorney will question you, allowing you to explain why you fled your country and fear returning.

The government attorney will also question you. The judge may ask questions throughout the hearing.

You can call witnesses to support your case, like friends or family who can speak about your experiences or a country expert who can explain the risks of returning to your country.

The judge may give a decision on the day of your hearing, but it can also be delayed until a later time.

To start an affirmative asylum application, you must complete and file a Form I-589, Application for Asylum and for Withholding of Removal with the U.S. Citizenship and Immigration Services (USCIS).

This must be done within one year of your arrival in the United States. There are some limited exceptions to this timeframe, such as where your circumstances have changed affecting your eligibility for asylum or extraordinary circumstances caused the delay. 

USCIS should send you confirmation of receipt of your application within 30 days.

In addition to confirmation that your application has been received, USCIS will also send you a biometrics appointment notice. You must attend an application support center on your allocated day for your fingerprints to be taken.

After providing your fingerprints, you will receive a notice of your appointment with USCIS at one of its offices. You can bring an attorney or accredited representative, an interpreter, and your spouse and children to the appointment (if they are applying for derivative asylum).

Under the INA, an asylum interview should be conducted within 45 days of an application being filed.

A USCIS officer then decides whether you have a legitimate asylum claim. Under the INA, an affirmative asylum application should be decided within 180 days of an application being filed, unless exceptional circumstances exist. However, it's not uncommon for decisions to take longer.

If it is unclear whether your asylum claim is legitimate, USCIS will refer your matter to an immigration court to decide. In this situation, you become a defensive asylum seeker.