Asylum

Every year hundreds of thousands of individuals migrate to the U.S. in pursuit of protection, having experienced persecution or possessing a well-founded fear of persecution or torture from their home country’s governing authorities or non-governmental entities beyond governmental control.

Your current immigration status or country of citizenship does not impact your ability to apply for asylum. The key determinant is the absence of sufficient protection in your home country, rendering you incapable or unwilling to return.

Please be advised that this serves as a general overview of the asylum application process, and each case is unique.
For further details and personalized consultation, please reach out to Kostina Law.

The U.S. immigration law defines five grounds for obtaining asylum:

Race

Nationality or membership in a particular ethnic or linguistic group

Religion

Political opinion

Membership in a particular social group (including LGBT+)

There are two ways to file for asylum, depending on how you entered the country:

1

Affirmative Asylum

You may only file if you are physically present in the U.S.
This is a less complex process and is applicable if you were admitted into the country with a valid visa, such as a student, tourist etc. and you are not a U.S. citizen.

2

This process is for individuals who do not have an American visa and are trying to enter the U.S. without documentation, for example, at the U.S.-Mexico border.
This complex process is applicable when you request asylum as a defense against removal. In this case, you may be placed in the expedited removal process and undergo a credible fear interview with an asylum officer.

Defensive Asylum

Affirmative Asylum Application Process:

To initiate the affirmative asylum process, you must be physically present within the U.S. and submit your asylum application within one year of your most recent entry into the country. The submission entails completing and filing Form I-589 with the USCIS, accompanied by required documentation.

Upon receipt and processing of your application, you will receive notifications including an Acknowledgment of Receipt, Biometrics Appointment, and Interview Notices.

Often, interview wait times can span several years. While your case is pending, you are permitted to reside in the U.S., apply for work authorization, health insurance, enroll in school, start a business, and learn the English language.

Following the interview, a decision regarding the granting or denial of asylum is rendered by an asylum officer. Approximately two weeks post-interview, you will personally receive the final decision on your case. You must meet a definition of a refugee to be eligible for an asylum.

Upon approval of your asylum application, you will receive documents within a year, followed by citizenship information. Conversely, if your application is denied and you lack a valid visa, your case will be referred to an immigration judge, prompting issuance of a Notice to Appear. To avert deportation, you will have to switch to the Defensive Asylum procedure.

Affirmative Asylum

Services include:

Consultation and in-depth analysis of the applicant’s situation
Developing a comprehensive case strategy
Collection, analysis, and preparation of documents
Assistance with filing Form I-589 for applicant and their immediate family, if any
Monitoring the case progress in the system
Collecting and preparing corroborative documents
Assistance in customizing and tailoring your case
Assistance with paying application fees on applicant's behalf (funds provided by clients separately)
Assistance with interview scheduling
Assistance with biometrics scheduling
Assistance with finding an interpreter for the interview
Analysis and collection of documents required for the interview
Assistance with preparation for an interview with an asylum officer
Assistance with Form I-94
Assistance with Form I-765 (EAD)
Assistance with application for a SSN
Assistance with obtaining a residence permit

Defensive Asylum Application Process:

Once you have crossed the U.S. border and been determined to have a credible fear of persecution or torture, leading to the issuance of a Notice to Apear (NTA), it is paramount to engage a qualified immigration attorney to initiate preparation for your case before the immigration court.

The NTA will specify a master hearing date where you must appear before the court and articulate reasons why you should not be removed from the U.S. Subsequently, your merits hearing date will be appointed. This process typically spans from one to several years before reaching the merits hearing stage.

During the merits hearing, conducted in a courtroom-like setting, an immigration judge evaluates your eligibility for asylum.

It is crucial to be thoroughly prepared, equipped with a completed Form I-589, all supporting documents, and provide testimony detailing the persecution faced in your home country and the reasons for seeking asylum in the U.S. If you are not fluent in English, securing a certified translator for court proceedings is imperative.

If you are found to be eligible, asylum will be granted. If eligibility is not established, the judge will evaluate alternative grounds from removal. In the absence of such grounds, the judge will order you to be deported from the U.S.

Defensive Asylum

Services include:

Consultation and in-depth analysis of the applicant’s situation
Developing a comprehensive case strategy
Requesting the documents issued to the applicant by the CBP officers
Assistance with organizing psychological or medical evaluations (case dependent)
Assistance with filing Form I-589 for applicant and their immediate family, if any
Assistance with Form I-765 (EAD)
Assistance with application for a SSN
Attending a master hearing, representation in court
Monitoring the case progress in the judicial system
Collecting, preparing and registering with the court corroborative documents and factual evidence of the persecution
Assistance in customizing and tailoring the case
Assistance with paying application fees on applicant’s behalf (funds provided by clients separately)
Assistance with biometrics scheduling
Assistance with finding an interpreter for the court hearings
Assistance with preparation for the court hearings and cross-examination with an ICE attorney
Attending a merits hearing, representation in court, pleadings
Receiving a court decision
Assistance with obtaining a residence permit

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