The U.S. asylum and refugee program provides protection to individuals fleeing persecution in their home countries. However, obtaining asylum can be difficult due to strict qualifications and annual limits on admissions. Here’s a simple breakdown of the process:
Refugees are people outside their home country who cannot return due to fear of persecution based on race, religion, nationality, political views, or membership in a particular social group.
Asylees are refugees who are already in the U.S. or at its border and seek protection.
Both groups are allowed to stay in the U.S. until it’s safe to return home, and they can apply for a green card (permanent residency) after one year.
Refugees apply for asylum while outside the U.S.
Asylum seekers apply after entering the U.S. or at a border entry point.
If you’re in the U.S., you must apply within one year of arrival, although exceptions exist if there are major changes in your situation (e.g., worsening conditions in your home country or changes in the law).
Some reasons you may be denied asylum include:
Applying late without valid reasons
Being involved in persecution or serious crimes
Having been denied asylum previously
To apply for asylum, you’ll need:
Proof of identity (e.g., passport or birth certificate)
Evidence of persecution (photos, reports, etc.)
Statements from witnesses or experts about conditions in your home country
Spouses and children under 21 can apply for asylum with you, whether inside or outside the U.S.
If outside the U.S., they can apply for asylum through a special petition (Form I-730).
Refugees automatically receive permission to work.
Asylees may need to apply for work authorization, depending on how their asylum was granted.
After five years of permanent residency, refugees and asylees can apply for U.S. citizenship.
Average Wait Time for Asylum
The process can take years, especially with a large backlog of cases. Refugees, however, typically do not face delays once they arrive in the U.S.
If you’re considering asylum, it’s important to consult with an immigration attorney. At Yellow Law Group, we offer expert advice and help you navigate this complex process. Call us at +1 (201) 899-6194 for a consultation.
In the U.S., the number of approved asylum petitions can vary each year, but typically over 30,000 are granted annually, with a maximum of about 90,000. Despite this, hundreds of thousands seek asylum, and only a small percentage qualify due to strict legal requirements and the need for strong proof.
Asylum offers protection to individuals who have fled their home country due to a fear of persecution based on:
Race
Religion
Nationality
Political opinion
Membership in a specific social group
A refugee is someone who cannot return home because of this fear. Asylum seekers must apply for protection while in the U.S. to be eligible.
Affirmative Asylum: You apply voluntarily while in the U.S. and are not facing removal (deportation) proceedings.
Defensive Asylum: You apply after removal proceedings have started in immigration court.
Both lead to the possibility of permanent residency after one year.
To apply for affirmative asylum, you need to:
File Form I-589 within one year of arriving in the U.S. (with some exceptions).
Attend a Biometrics Appointment for fingerprinting.
Attend an Asylum Interview at USCIS, where you can bring legal representation and family members.
USCIS should make a decision within 180 days, though delays are common due to a backlog.
Complex Immigration Laws: Frequent changes in laws and policies, such as during the COVID-19 pandemic, can complicate the process.
Fraud Penalties: Any false information or fraud in your asylum application can result in severe penalties, including a permanent ban from applying for U.S. immigration benefits.
Long Wait Times: Due to a large number of applications, asylum decisions often take longer than expected.
Proving Your Entry Date: If you entered the U.S. without inspection, it may be hard to prove you applied within the required one-year time frame.
Risk of Removal: If your claim is denied, you may be ordered to leave the U.S., potentially facing danger upon return to your home country.
The asylum process is complicated, and challenges can arise at any stage. Having an experienced immigration lawyer can help you avoid mistakes and increase your chances of approval.
If you need help with your asylum application, Yellow Law Group can provide the support you need. Contact us today at +1 (201) 899-6194 for a consultation. We’re here to help you secure the protection you deserve.
Facing removal proceedings in the U.S. can be overwhelming, especially if you fear returning to your home country. If you have a genuine fear of persecution, defensive asylum might be your defense against deportation.
Defensive asylum allows individuals in the U.S. to seek protection from deportation if they fear persecution if returned to their home country. To qualify, you must be in the U.S. and have a well-founded fear of persecution based on:
Race
Religion
Nationality
Political opinion
Membership in a particular social group
There are two main ways to apply for asylum:
Affirmative Asylum: You apply voluntarily, before removal proceedings start.
Defensive Asylum: You apply as a defense if you are already in removal proceedings in immigration court.
If granted defensive asylum, you can apply for a green card after one year.
Defensive asylum can be sought in these situations:
After Affirmative Asylum Denial: If USCIS rejects your asylum application, your case is referred to an immigration court.
After Arrest by ICE: If you’re detained by Immigration and Customs Enforcement (ICE) for living in the U.S. without legal documentation, you can seek defensive asylum in court.
Expedited Removal: If you requested asylum at a port of entry or crossed the border without documents, you first need a “credible fear interview” with an asylum officer. If the officer finds your fear credible, they will refer your case to court.
The defensive asylum process includes several steps:
Initial Hearing (Master Calendar Hearing): The court schedules your case for a preliminary hearing. If you have an attorney, your case may move directly to a merits hearing.
Filing Form I-589: You must file this form with the court, typically within one year of arrival in the U.S., unless you can prove changes in your circumstances or extraordinary delays.
Supporting Documents: Before your final hearing, submit evidence supporting your asylum claim, such as personal statements, medical records, expert reports, and evidence of persecution (e.g., photos, police reports).
Biometrics Appointment: After filing, you will be required to attend an appointment for fingerprinting.
Merits Hearing: In the merits hearing, the judge will hear your case, and your attorney will present evidence to support your claim. You can also call witnesses to testify on your behalf.
Filing for asylum, especially defensive asylum, is a complex process. Here’s why hiring a qualified asylum lawyer is crucial:
Paperwork: We help ensure your documents are thorough and persuasive. We know what evidence is needed to build a strong case.
Interview Preparation: During your hearing, we make sure your story is told clearly and that the judge understands the real risk you face.
Efficiency: With our experience, we know exactly how to prepare and present your case effectively to avoid delays and ensure your application is as strong as possible.
The stakes are high when it comes to defending your right to stay in the U.S. If you’re facing removal proceedings, having an experienced asylum lawyer can make all the difference. At Yellow Law Group, we are dedicated to protecting your future. Contact us at +1 (201) 899-6194 or through our online form to schedule a consultation. Let us help you through the defensive asylum process.
