What is an Asylum Application?

The Asylum Application is the process by which a person can request asylum in the US from another country. There are various requirements to be fulfilled to be approved for Asylum; however, the initial application - both affirmative and court based or defensive - for asylum does not require much physical proof. 

Who is Eligible for Asylum Application?

This is a huge question and one that is consistently mischaracterized and misunderstood. People who qualify for Asylum (we are not talking about refugee status) are those who have been in the US less than 1 years since their most recent entry and meet all the following criteria (8 USC 1158: Asylum):

1. The applicant is either already in the US or at the port of entry to the US, and

2. The applicant can establish a well founded fear of imminent threat of death or great bodily harm in their country of origin (meet definition of refugee), and

3. The applicant is under the aforementioned threat because:

1. The person is part of an identifiable social group, or

2. Political opinion, or

3. Religion, or 

4. Race, or

5. Nationality, And

4. The applicant has not been previously convicted of an aggravated felony anywhere in the world, and 

5. The applicant files the proper applications and documentation with the appropriate government agency. 

What Documents do I need to file for an Asylum Application?

This is proprietary information; however, we can say that most people underestimate the document filing requirements for this process. They will just file the form and not the accompanying required proofs, and their case is inevitably denied. We help you submit the proper application, documentation, and fees to increase your chance of a successful application. 

For affirmative asylum the completed packet of forms, documents, photos, and fees must be submitted to the USCIS office having jurisdiction over your U.S. place of residence. In Immigration Court, the application must be filed with the Immigration Judge and ICE attorneys on your case. 

After you submit your packet, you will have to wait 150 days to apply for a work authorization which generally takes between 6-12 months to be approved.

What is the difference between Defensive Asylum when you are in Immigration Proceedings and Affirmative Asylum?

The two main differences between these two types of asylum is how you apply and to whom you apply for the actual asylum process. For affirmative asylum, you will be applying directly to USCIS at the address that is required by your location. You could have already received a Credible Fear determination at the border upon arrival, but likely you will have only been asked some questions and then allowed to enter the US without any formal determination. An application includes various pieces of evidence. Once the Affirmative Asylum application has been submitted to USCIS, then you will receive a fee receipt and soon thereafter a notice to attend a biometric screening. All of this is done via application and not in front of any officers (until the biometric screening). 

For Defensive Asylum or Asylum while in immigration court proceedings, you will have to file your application with the immigration judge that is assigned your case. Now, one of the main issues here is that the NTA that you were given may have a date for your initial court that is not actually set. In other words, it could be well over a year before you actually receive a court date or a named Judge. If this is the case, the prevailing advice is to submit an Asylum application with USCIS in order to show the intention to request and the date of the intention to request. This can be done better and for less with Allcanza.

Does the Government Charge a Filing Fee?

No, not for the actual Asylum Application

The current filing fees are:

$0 for the Application for Asylum Application

How long does the Asylum Application process take?

As all lawyers would say, it depends. There are many factors that determine the wait time for your application. Some of these factors could include things such as how quickly you turn your application and documentation in or how complete the file is when you apply. If you apply online or via mail. Where you live and how quickly you respond to government requests will also determine wait time. This process can take anywhere from  2 to 8 years or longer.