| Asylum in America | | | | account of race, religion, nationality, membership in a |
| Who is Eligible to Apply? | | | | particular social group, or political opinion |
| Asylum may be granted to people who are arriving in | | | | · Were convicted of a particularly serious |
| or already physically present in the United States. To | | | | crime (includes aggravated felonies) |
| apply for asylum in the United States, you may ask for | | | | · Committed a serious nonpolitical crime outside |
| asylum at a port-of-entry (airport, seaport, or border | | | | the United States |
| crossing), or filean Application for Asylum and for | | | | · Pose a danger to the security of the United |
| Withholding of Removal, at the appropriate Service | | | | States |
| Center within one year of your arrival in the United | | | | · Firmly resettled in another country prior to |
| States. You may apply for asylum regardless of your | | | | arriving in the United States (see 8 CFR § 208.15 |
| immigration status, whether you are in the United | | | | for a definition of “firm resettlement”) |
| States legally or illegally. | | | | You will also be barred from being granted asylum |
| You must apply for asylum within one year of your | | | | under INA § 208 if you are inadmissible under INA |
| last arrival in the United States, but you may apply for | | | | § 212(a)(3)(B) or removable under INA § |
| asylum later than one year if there are changed | | | | 237(a)(4)(B) because you: |
| circumstances that materially affect your eligibility for | | | | · Have engaged in terrorist activity; |
| asylum or extraordinary circumstances directly related | | | | · Are engaged in or are likely to engage after |
| to your failure to file within one year. These may | | | | entry in any terrorist activity (a consular officer or the |
| include certain changes in the conditions in your | | | | Attorney General knows, or has reasonable grounds |
| country, certain changes in your own circumstances, | | | | to believe, that this is the case); |
| and certain other events. For a non-exhaustive list of | | | | · Have, under any circumstances indicating an |
| circumstances that may be considered changed or | | | | intention to cause death or serious bodily harm, incited |
| extraordinary circumstances, see 8 CFR § 208.4. | | | | terrorist activity; |
| You must apply for asylum within a reasonable time | | | | · Are a representative of |
| given those circumstances; however, filing for asylum | | | | · a foreign terrorist organization, as designated |
| more than one year after your last arrival in the United | | | | by the Secretary of State under section 219 of the |
| States can make your case very difficult. | | | | INA, or |
| You will be barred from applying for asylum if you | | | | · a political, social, or other similar group whose |
| previously applied for asylum and were denied by the | | | | public endorsement of acts of terrorist activity the |
| Immigration Judge or Board of Immigration Appeals, | | | | Secretary of State has determined undermines United |
| unless you demonstrate that there are changed | | | | States efforts to reduce or eliminate terrorist activities;* |
| circumstances which materially affect your eligibility for | | | | · Are a member of a foreign terrorist |
| asylum. You will also be barred if you could be | | | | organization, as designated by the Secretary of State |
| removed to a safe third country pursuant to a bilateral | | | | under section 219 of the INA, or which you know or |
| or multilateral agreement. See INA § 208(a)(2). | | | | should have known is a terrorist organization; |
| How Do I Apply? | | | | · Have used a position of prominence within |
| To apply for asylum, you will need to complete Form | | | | any country to endorse or espouse terrorist activity, or |
| I-589, Application for Asylum and for Withholding of | | | | to persuade others to support terrorist activity or a |
| Removal, and follow the instructions carefully. | | | | terrorist organization, in a way that the Secretary of |
| Can I Still Apply For Asylum Even If I Am Illegally in the | | | | State has determined undermines United States |
| United States? | | | | efforts to reduce or eliminate terrorist activities.* |
| Yes, you may apply even if you are here illegally. You | | | | *These two categories were added by the Uniting and |
| may apply for asylum regardless of your immigration | | | | Strengthening America by Providing Appropriate Tools |
| status as long as you file your application within one | | | | Required to Intercept and Obstruct Terrorism (USA |
| year of your last arrival or demonstrate that you are | | | | PATRIOT Act, P.L. 107-56, October 26, 2001), which |
| eligible for an exception to that rule based on changed | | | | was passed in response to the September 11, 2001 |
| circumstances or extraordinary circumstances, and | | | | terrorist attacks. |
| that you filed for asylum within a reasonable amount | | | | |
| of time given those circumstances. | | | | What Will Be My Status After I Am Granted Asylum? |
| Can I Apply For Asylum Even If I Was Convicted of a | | | | You will have asylee status. You will receive an I-94 |
| Crime? | | | | Arrival and Departure record documenting that you |
| Yes, you may apply. However, you may be barred | | | | are able to remain indefinitely in the United States as |
| from being granted asylum depending on the crime. | | | | an asylee. You will be authorized to work in the United |
| See INA § 208(b). You must disclose any criminal | | | | States for as long as you remain in asylee status. You |
| history on your Form I-589, Application for Asylum and | | | | may obtain a photo-identity document from USCIS |
| for Withholding of Removal, and at your asylum | | | | evidencing your employment authorization by applying |
| interview. Failure to disclose such information may | | | | for an Employment Authorization Document (EAD). |
| result in your asylum claim being referred to the | | | | You will also be able to request derivative asylum |
| Immigration Court, and possible fines or imprisonment | | | | status for any spouse or child (unmarried and under 21 |
| for committing perjury. | | | | years of age as of the date you filed the asylum |
| What About My Spouse and Children? | | | | application, as long as your asylum application was |
| You must list your spouse and all your children on your | | | | pending on or after August 6, 2002) who was not |
| Form I-589 regardless of their age, marital status, | | | | included as a dependent in your asylum decision and |
| whether they are in the United States, or whether or | | | | with whom you have a qualifying relationship. This |
| not they are included in your application or filing a | | | | means that you will be able to petition to bring your |
| separate asylum application. | | | | spouse and/or children to the United States, or allow |
| You may ask to have included in your asylum decision | | | | them to remain in the United States indefinitely incident |
| your spouse and/or any children who are under the | | | | to your asylee status. |
| age of 21 and unmarried, if they are in the United | | | | |
| States. This means that, if you are granted asylum, | | | | Can Asylum Status Be Terminated? |
| they will also be granted asylum status and will be | | | | Yes. Your asylee status may be terminated if you no |
| allowed to remain in the United States incident to your | | | | longer have a well-founded fear of persecution |
| asylum status. However, if you are referred to the | | | | because of a fundamental change in circumstances, |
| Immigration Court, they will also be referred to the | | | | you have obtained protection from another country, or |
| court for removal proceedings. You should refer to the | | | | you have committed certain crimes or engaged in |
| instructions in Form I-589 for information on the | | | | other activity that makes you ineligible to retain asylum |
| documents you will be required to submit establishing | | | | status in the United States. See INA § 208(c)(2). |
| your family relationships, such as marriage certificates | | | | An asylee is not a lawful permanent resident. You |
| and birth certificates. | | | | may apply for lawful permanent resident status after |
| Children who are married and/or children who are 21 | | | | you have been physically present in the United States |
| years of age or older at the time you file your asylum | | | | for a period of one year after the date you were |
| application must file separately for asylum by | | | | granted asylum status. |
| submitting their own asylum applications (Form I-589). | | | | What Does It Mean to be Referred to Immigration |
| What Happens if My Child Turns 21 After I Have Filed | | | | Court? |
| My Asylum Application? | | | | This means that the Asylum Officer was unable to |
| Under the Child Status Protection Act (CSPA), signed | | | | approve your asylum application and you are not |
| into law by President Bush on August 6, 2002, your | | | | currently in valid status. You will receive charging |
| child will continue to be classified as a child if he or she | | | | documents that place you in removal proceedings in |
| turned 21 years of age after your asylum application | | | | Immigration Court. Your asylum application will be |
| was filed but while it was pending. Your child must | | | | referred to the Immigration Court for an Immigration |
| have been unmarried and under 21 years of age on | | | | Judge to decide during the removal proceedings. |
| the date that you filed your I-589. The “filing | | | | When Can I Apply To Become a Lawful Permanent |
| date” is the date that USCIS received your | | | | Resident? |
| application. | | | | You may apply for lawful permanent resident status |
| There is no requirement that your child have been | | | | under INA § 209(b) after you have been |
| included as a dependent on your asylum application at | | | | physically present in the United States for a period of |
| the time of filing, only that your child be included prior to | | | | one year after the date you were granted asylum |
| the decision made on your claim. This means that you | | | | status. To apply for lawful permanent resident status, |
| may add to your asylum application an unmarried son | | | | you must submit a separate Application to Register |
| or daughter who is 21 years of age, but who was 20 | | | | Permanent Residence or Adjust Status, for yourself |
| at the time you filed your asylum application. | | | | and each qualifying family member. |
| What is the Fee? | | | | Can I Travel Outside the United States? |
| There is no fee to apply for asylum. | | | | If you are applying for asylum and want to travel |
| How Does The Asylum Officer or Immigration Judge | | | | outside the United States, you must receive advance |
| Determine If I Am Eligible for Asylum? | | | | permission before you leave the United States in order |
| The Asylum Officer or Immigration Judge will | | | | to return to the United States. This advance permission |
| determine if you are eligible. The definition states that a | | | | is called Advance Parole. If you do not apply for |
| refugee is someone who is unable or unwilling to return | | | | Advance Parole before you leave the country, you will |
| to and avail himself or herself of the protection of his | | | | be presumed to have abandoned your application with |
| or her home country or, if stateless, country of last | | | | USCIS and you may not be permitted to return to the |
| habitual residence because of persecution or a | | | | United States. If you obtain advance parole and return |
| well-founded fear of persecution on account of race, | | | | to your country of feared persecution, you will be |
| religion, nationality, membership in a particular social | | | | presumed to have abandoned your asylum request, |
| group, or political opinion. The determination of whether | | | | unless you can show compelling reasons for the |
| you meet the definition of a refugee will be based on | | | | return. If your application for asylum is approved, you |
| information you provide on your application and during | | | | may apply for a Refugee Travel Document. |
| an interview with an Asylum Officer or at a hearing | | | | Who Can Help Me? |
| before an Immigration Judge. | | | | Applying for asylum is one of the most difficult |
| The Asylum Officer or Immigration Judge will also | | | | procedures there is under the immigration law. Careful |
| consider whether any bars apply. You will be barred | | | | detail must be taken in all aspects of the application, |
| from being granted asylum under INA § 208(b)(2) | | | | from drafting the form, to inclusion of evidence, to |
| if you: | | | | preparing for the asylum interview. The representation |
| · Ordered, incited, assisted, or otherwise | | | | and advice of a skilled immigration lawyer may be well |
| participated in the persecution of any person on | | | | worth the cost. |