Asylum Lawyer in Chicago, IL

Arrive in the U.S.

The first step to seeking asylum in the United States is to physically arrive in the country, either through a valid visa or by crossing the border. Individuals who express a fear of returning to their home country may be referred to an asylum officer for a credible fear interview. Those who have already entered the country must submit an application within one year of their arrival and attend an interview with an asylum officer. It is a complex and time-consuming process, but it provides a lifeline to safety for those who are fleeing persecution in their home country.

Contact an attorney

Contacting an attorney is a crucial step in seeking asylum in the United States. An experienced immigration attorney can offer valuable assistance and guidance throughout the asylum process, from preparing and submitting the asylum application to representing the individual in court proceedings.

Attorneys can help individuals understand the legal requirements for asylum, assess the strength of their case, and gather evidence to support their claim. They can also represent the individual during the asylum interview and in court proceedings, and help with appeals if the individual's asylum claim is denied. While individuals are not required to have an attorney to apply for asylum, having one can significantly increase their chances of success. A knowledgeable and experienced attorney can navigate the complex asylum system and provide crucial support during a stressful and uncertain time for the individual seeking asylum.

Apply for asylum

To apply for asylum in the United States, individuals must file Form I-589, Application for Asylum and for Withholding of Removal, with USCIS within one year of their last arrival in the country, unless they qualify for an exception to the deadline. Failing to meet this deadline may result in ineligibility to apply for asylum. The form should not include a fingerprint card or fee.

There are bars to applying for asylum, including not meeting the one-year filing deadline, a previous denial of an asylum application, or being able to be removed to a safe third country under an agreement between the United States and other countries. However, there are exceptions to these bars for "changed circumstances" or "extraordinary circumstances." Once the completed application is received by USCIS, the individual will receive an acknowledgment of receipt and a notice to visit their nearest application support center (ASC) for fingerprinting.

Fingerprinting and security checks

When applying for asylum in the United States, it is important to read the ASC Appointment Notice and take it with you to your fingerprinting appointment at the ASC. This notice will provide you with important information, such as the date, time, and location of your appointment, as well as any special instructions or requirements you need to follow. As an asylum applicant, you do not need to pay a fingerprinting fee, so you should not be asked to do so at your appointment.

If you are also requesting asylum status for your spouse and children who are with you in the United States, they will need to accompany you to your ASC appointment. This is because they will also need to have their biometric information (fingerprints, photograph, and signature) taken as part of the asylum application process. You should ensure that you arrive at the ASC on time and bring all necessary documents and identification with you to your appointment. For additional information on preparing for your biometric services appointment, you can visit USCIS's Preparing for Your Biometric Services Appointment page.

Complete an interview

To schedule an interview with an asylum officer, applicants may be directed to a USCIS asylum office or a USCIS field office, depending on their location. The interview notice will provide the date, time, and location of the interview. Asylum applications are scheduled based on the priority order, which includes rescheduled interviews, applications pending for 21 days or less, and other applications in chronological order. The workload priorities may impact scheduling of new applications within the 21-day period.

Applicants who are unable to proceed with the interview in English must bring an interpreter. Additionally, they may bring an attorney or accredited representative to the interview and witnesses to testify on their behalf. The interview may last up to one hour, and applicants must bring their spouse and children seeking derivative asylum benefits. For more information about the interview, applicants can visit the Preparing for Your Asylum Interview webpage. In case of an urgent interview request, asylum office directors may consider the request on a case-by-case basis if submitted in writing.

Final Asylum Decision

To be eligible for asylum, you must meet the definition of a refugee under section 101(a)(42)(A) of the Immigration and Nationality Act (INA). During your asylum interview, an asylum officer will determine your eligibility to apply for asylum, whether you meet the definition of a refugee, and whether you are barred from being granted asylum under section 208(b)(2) of the INA. A supervisory asylum officer will review the decision to ensure it is consistent with the law, and you will return to the asylum office to pick up the decision two weeks after the interview.

If you are currently in valid immigration status, were interviewed at a USCIS field office, have pending security checks, or have a case being reviewed by asylum division staff at USCIS headquarters, longer processing times may be required. USCIS will normally mail your decision to you in these situations. To check your case status online, you will need the receipt number that was mailed to you after you filed your application. Additional information about the affirmative asylum process is available on USCIS's Resources for Asylum Applicants page.