Seattle Immigration Lawyer | Asylum Basics Continued, The Application

If you are not in removal proceedings and wish to apply for asylum, you must file a form I-589. Simply filling out the application is not sufficient. You should attach a detailed declaration, either written by you or, better yet, with the help an immigration attorney, of the persecution that you suffered and/or fear that you will suffer if you are returned to your home country. This is your chance to tell your story. As traumatizing as it likely will be, now is the time to write down all the details. When did the events happen? Where did the events happen? Who was involved? Why did they happen to you? Why were you the target of persecution?

A powerful declaration will be easy for the asylum officer to follow, and, most importantly, will show the connection between the persecution and the grounds for asylum (e.g. membership in a particular social group) that you are claiming in a simple and direct fashion.

You must attach additional substantial documentary evidence corroborating your claim. Examples include affidavits from witnesses, media reports of persons in similar situations suffering persecution, as well as country condition reports by the State Department and NGOs, such as Human Rights Watch. If available, an opinion letter or declaration from an expert in the field, or a doctor or psychologist can be very persuasive. The Instructions for Form I-589 and the form itself can be can be found at the USCIS website here.

An experienced immigration attorney can work with you to assemble a strong asylum application, including a legal brief that discusses the legal arguments on which your claim is based. (In Washington State, if you cannot afford an attorney, I recommend contacting Northwest Immigrant Rights Project, which offers free or low-cost immigration services for low-income individuals and families. There are similar non-profits in other states.)

Stay tuned for the next posting on the Asylum Interview and Officer’s Decision.

Seattle Immigration Lawyer | Asylum Basics

One way to obtain a green card and eventually to become a naturalized U.S. citizen is to apply for asylum. You can only apply for asylum when you are already in the U.S. or at the border/port of entry. If you are outside the U.S. and outside your home country, you can apply for refugee status—both refugees and asylees must meet the same standards but the process is different—this article will only discuss the steps for an asylee. If you think you may have an asylum claim, you should consult with an immigration lawyer about your specific circumstances.

Qualifications:

To qualify for asylum, you must demonstrate that you are unwilling or unable to return to your home country because of past persecution or a "well-founded fear" of future persecution in your home country based on your race, religion, nationality, political opinion or membership in a particular social group. The persecution you experienced or fear must be caused by your government or by a group that your government is unwilling or unable to control.

You will not qualify for asylum if you have assisted in persecution, have been convicted of a “particularly serious crime” (determined case by case, but may include minor crimes), have been involved in terrorist activity or can reasonably be seen as a threat to U.S. security, or have resettled in another country.

Timing:

If you are in the U.S., you may apply for asylum when (1) you are already in removal proceedings (defensively), (2) when you are not in removal proceedings (affirmatively), even if you are out of status in the U.S., or (3) at the border/port of entry. This article will focus on the process for (2), an affirmative asylum application.

Make sure that you file the asylum application within 1 year of your arrival in the U.S. If you file the application after your 1-year anniversary of arriving, you will have to prove “extraordinary circumstances” that prevented you from filing within the one year deadline, or changed circumstances that affected your eligibility for asylum. This is not easy and is in most cases, easily avoided by simply timely filing. (If you are nearing the deadline and do not have time to properly prepare an application, it's best to file a skeleton application and supplement it later, rather than filing late.)

Stay tuned for my next article on the Asylum Application.