Asylum is a remedy that offers protection to individuals who have been persecuted or have a credible fear of persecution if they return to their home county. The persecution must be based on race, religion, nationality, membership in a particular social group or political opinion.
There are two distinct categories that those seeking asylum may file under, and these categories are dependent on whether or not one is in deportation proceedings. If you are not in deportation proceedings, you are eligible to file an Affirmative Asylum application upon entry into the United States. The process of Affirmative Asylum is outlined below:
- Apply within one year of your last arrival to the United States (barring an exception)
- USCIS performs fingerprints and runs a background/security check
- Applicant receives an interview notice to be conducted by an Asylum Officer in a location dependent on where you live
- Applicant attends interview with Asylum Officer
- Asylum Officer determines eligibility
- Applicant receives a decision (the whole process typically takes approximately 60 days, unless other circumstances arise)
If an applicant wishes to seek asylum and is currently in deportation proceedings before an immigration judge, the applicant must apply for Defensive Asylum, outlined below:
