Asylum | HIAS

An individual who is physically present in the United States (usually
as a visitor or with other non-immigrant or undocumented status) and
who is afraid to return to his or her native country because of past
persecution or because he or she has a well founded fear of persecution
upon return based on religion, nationality, political opinion, race or
membership in a particular social group may apply for asylum.

Applicants for asylum must file within one year of arrival in the
United States. Failure to file within one year will result in the
application being denied, unless the applicant can show that
extraordinary circumstances prevented him or her from filing or
circumstances have significantly changed in the applicant’s home
country.

An individual who has applied for asylum but whose case has not been
decided is known as an “asylum applicant.” An individual who is
granted asylum is known as an “asylee”. Asylees may remain in the
United States for an indefinite period of time and may apply for
permanent residence after one year of physical presence in the U.S.
after asylum has been granted.

How to Apply for Asylum
In order to apply for asylum, an individual must:
1.   Complete USCIS Form I-589, Application for Asylum
and Withholding of Removal. This form, with instructions, can be
downloaded from the USCIS website (www.uscis.gov);
2.   Attach supporting documentation, two photos of the
principal applicant, and proof of relationship to spouse and unmarried
children under 21 who are included in the application;
3.   File the original, signed I-589, and two full
copies, with the USCIS Service Center that has jurisdiction over the
applicant’s place of residence; and
4.   Enclose an additional full copy of the I-589 for
each family member included in the application, and staple two
photographs of each dependent person in the upper right hand corner of
Part B pf the relevant copy. Only a spouse and/or unmarried
children under the age of 21 who are present in the United States may
be included in an application for asylum.

There is no USCIS fee to process an asylum application.

After an I-589 application has been received, the USCIS will notify the
applicants by mail of an appointment for fingerprinting at an USCIS
Application Support Center.

Note: Because Form I-589 is very complex, and is critical
to the asylum process, anyone considering filing an application for
asylum should seek out qualified assistance from an attorney or an
agency such as HIAS, which is authorized by the Board of Immigration
Appeals to provide legal representation in immigration matters.

The Asylum Interview
The applicant and all family members included on the application as
“derivative beneficiaries” must attend the asylum interview.
Applicants who fail to appear for their interview without good cause
will be considered to have waived the right to an interview.

If the applicant is unable to answer questions in English, he/she must
provide a competent interpreter fluent in both English and the
applicant’s native language. Failure to
provide an interpreter when necessary without good cause may be considered by the USCIS as
a failure to appear for an interview.

Benefits of Asylum
Services: Asylees are eligible for resettlement
assistance and services funded by the U.S. Office of Refugee
Resettlement. These services currently include up to eight months
of cash and medical assistance, counting from the date of having been
granted asylum. Asylees may contact a local refugee resettlement
or immigration services agency for information on how to apply for
these benefits.

Travel: Asylees who wish to travel outside the United
States must obtain a Refugee Travel Document from the USCIS.
Asylees who voluntarily return to their country of persecution risk
losing their status. (Asylum applicants should not travel outside the
United States.)

Immigration of Spouse and Children: The spouse and/or
unmarried children under 21 of an asylee are eligible for derivative
asylum status, whether they live abroad or are physically present in
the United States. To obtain this benefit, the asylee must prve
that the qualifying relationship existed before asylum was granted.
Also, Form I-730, Refugee/Asylee Relative Petition, must be filed
within two years of the date asylum was granted.
Permanent Residence: Asylees may apply for U.S. permanent
residence (green card) after one year of physical presence in the
United States, following the grant of asylum. When the
application is granted, the applicant’s residency date is recorded as
one year before the actual date of approval.

Citizenship: Asylees are eligible to apply for citizenship
five years after the date of adjustment to permanent resident status,
as shown on the green card.

What's New Refugees & Asylum Immigrants Naturalization Temporary Visas FAQ
Difference Between U.S. Refugee Status and Asylum Asylum Getting Your Green Card Travel for Refugees and Asylees HIAS-Prins Program	Asylum An individual who is physically present in the United States (usually as a visitor or with other non-immigrant or undocumented status) and who is afraid to return to his or her native country because of past persecution or because he or she has a well founded fear of persecution upon return based on religion, nationality, political opinion, race or membership in a particular social group may apply for asylum. Applicants for asylum must file within one year of arrival in the United States. Failure to file within one year will result in the application being denied, unless the applicant can show that extraordinary circumstances prevented him or her from filing or circumstances have significantly changed in the applicant’s home country. An individual who has applied for asylum but whose case has not been decided is known as an “asylum applicant.” An individual who is granted asylum is known as an “asylee”. Asylees may remain in the United States for an indefinite period of time and may apply for permanent residence after one year of physical presence in the U.S. after asylum has been granted. How to Apply for Asylum In order to apply for asylum, an individual must: 1. Complete USCIS Form I-589, Application for Asylum and Withholding of Removal. This form, with instructions, can be downloaded from the USCIS website (www.uscis.gov); 2. Attach supporting documentation, two photos of the principal applicant, and proof of relationship to spouse and unmarried children under 21 who are included in the application; 3. File the original, signed I-589, and two full copies, with the USCIS Service Center that has jurisdiction over the applicant’s place of residence; and 4. Enclose an additional full copy of the I-589 for each family member included in the application, and staple two photographs of each dependent person in the upper right hand corner of Part B pf the relevant copy. Only a spouse and/or unmarried children under the age of 21 who are present in the United States may be included in an application for asylum. There is no USCIS fee to process an asylum application. After an I-589 application has been received, the USCIS will notify the applicants by mail of an appointment for fingerprinting at an USCIS Application Support Center. Note: Because Form I-589 is very complex, and is critical to the asylum process, anyone considering filing an application for asylum should seek out qualified assistance from an attorney or an agency such as HIAS, which is authorized by the Board of Immigration Appeals to provide legal representation in immigration matters. The Asylum Interview The applicant and all family members included on the application as “derivative beneficiaries” must attend the asylum interview. Applicants who fail to appear for their interview without good cause will be considered to have waived the right to an interview. If the applicant is unable to answer questions in English, he/she must provide a competent interpreter fluent in both English and the applicant’s native language. Failure to provide an interpreter when necessary without good cause may be considered by the USCIS as a failure to appear for an interview. Benefits of Asylum Services: Asylees are eligible for resettlement assistance and services funded by the U.S. Office of Refugee Resettlement. These services currently include up to eight months of cash and medical assistance, counting from the date of having been granted asylum. Asylees may contact a local refugee resettlement or immigration services agency for information on how to apply for these benefits. Travel: Asylees who wish to travel outside the United States must obtain a Refugee Travel Document from the USCIS. Asylees who voluntarily return to their country of persecution risk losing their status. (Asylum applicants should not travel outside the United States.) Immigration of Spouse and Children: The spouse and/or unmarried children under 21 of an asylee are eligible for derivative asylum status, whether they live abroad or are physically present in the United States. To obtain this benefit, the asylee must prve that the qualifying relationship existed before asylum was granted. Also, Form I-730, Refugee/Asylee Relative Petition, must be filed within two years of the date asylum was granted. Permanent Residence: Asylees may apply for U.S. permanent residence (green card) after one year of physical presence in the United States, following the grant of asylum. When the application is granted, the applicant’s residency date is recorded as one year before the actual date of approval. Citizenship: Asylees are eligible to apply for citizenship five years after the date of adjustment to permanent resident status, as shown on the green card.