Asylum

Assess whether the applicant qualifies under one of the five protected grounds (race, religion, nationality, particular social group, political opinion). Confirm US arrival date and calculate the one-year filing deadline. If past one year, evaluate whether extraordinary circumstances or changed circumstances may excuse the late filing.

1-5 days

The one-year deadline is extremely strict. Even one day late may result in denial. Changed country conditions (e.g., coup in home country) may serve as an exception.

Assist the applicant in drafting a detailed personal declaration describing past persecution or fear of future persecution. Content must be specific, coherent, and credible — including dates, locations, persons, and event details. Supplement with Country Conditions Reports, human rights reports, and news articles.

CRITICAL: AI tools must NEVER be used to fabricate or invent asylum claims. The personal declaration must be based entirely on the applicant's true experiences. Fraudulent asylum claims constitute a federal crime and may result in a permanent bar to immigration benefits.

Asylum is a personal protection request made directly to the US government based on fear of persecution. No employer or family member sponsor is required. This role is not applicable to the asylum process.

Must file Form I-589 within one year of arriving in the US. Contact an immigration attorney as soon as possible. Document the exact US arrival date (I-94 record, passport entry stamp).

The one-year deadline runs from the date of entry, not from the date you decide to apply for asylum.

Work with your attorney to draft a detailed personal declaration truthfully and specifically describing persecution or fear thereof. Gather all available evidence: ID documents, threatening letters, photos of scars, medical records, psychological evaluation, witness affidavits. This process may trigger trauma; seeking psychological support is recommended.

All statements must be completely truthful. Fabricating or exaggerating facts not only results in asylum denial but constitutes a federal crime.

File Form I-589 with complete supporting documentation. Affirmative asylum is adjudicated by the USCIS Asylum Office with an interview. Defensive asylum is heard in Immigration Court. Conduct interview/hearing preparation, focusing on consistency and detail accuracy when describing persecution.

Affirmative interview wait 2-6 months (LIFO schedule), court hearings may take years

Accompany client to Asylum Office interview or Immigration Court hearing. During the interview, the applicant must detail persecution experiences; the attorney may supplement with legal arguments. Await decision (Affirmative results typically mailed within 2 weeks). If referred to court, prepare defensive asylum strategy.

At the interview/hearing, describe persecution experiences in detail. Bring all original evidence and translated documents. If not proficient in English, request interpretation services. Maintain consistency — responses must align with the I-589 and personal declaration.

After asylum approval, may legally live and work in the US. May petition for spouse and unmarried children under 21 for derivative asylum (I-730). One year after approval, may apply for a green card (I-485). Monitor home country conditions — if conditions fundamentally change, asylum status may theoretically be terminated (very rare). Traveling to the country of persecution is strongly discouraged.

Returning to the country of persecution may be viewed as abandoning the asylum claim, leading to status revocation.

Upon asylum approval, the applicant may work immediately. EAD (I-765, Category c(8)) may be applied for 150 days after filing I-589. One year after asylum approval, the applicant may file I-485 for a green card. Assist with compiling asylum approval proof and one-year residence documentation.

EAD processing 2-5 months; asylum green card processing 1-2 years