Filing for Asylum in the United States
Who should buy this package?
Political asylum is a form of immigration relief available to individuals who are inside the United States, but who cannot return to their home country because they fear that they will be harmed because of their race, religion, nationality, political opinion, or “membership in a particular social group.” Asylum status permits a person to remain lawfully within the United States, obtain employment authorization, and, eventually obtain a Green Card.
Political asylum can be a literally life-saving form of immigration relief, but it can be difficult to obtain. U.S. asylum law is very complicated, and, in most cases, the asylum process takes years. It is always advisable to work with an experienced immigration attorney on an asylum case, but sometimes that just isn’t an option. If you are afraid of returning to your home country but you are unable to hire a lawyer, this package is for you. This package is designed to help you understand and navigate the U.S. asylum process, and to put you in the best possible position to make a successful claim.
What is in this package?
- Overview of the process of obtaining asylum within the United States, from preparing and submitting your application all the way up through your interview with an Asylum Officer.
- Summary of the Eligibility Requirements for Asylum. Not all people who are afraid of returning to their home countries are eligible for asylum. This package contains the information necessary to help you to understand the basic requirements for asylum and to decide whether filing for asylum is the right move for you.
- Checklist of forms and evidence that you will need to submit with your application, along with tips and suggestions regarding the supporting evidence that you will want to collect in order to maximize your chances of success.
- Tips and Guidance for preparing a written statement in support of your application. Your written statement is a crucial part of your application and is your first opportunity to explain why you need the protection of the United States. These tips will help to ensure that you present the most important points of your story in a clear and efficient manner.
- Sample Cover Letter. You shouldn’t judge a book by its cover, but USCIS does sometimes judge an application by its cover letter! Following this template will help to ensure that your application is not erroneously rejected in USCIS’s mailroom.
- Example “Certificate of Translation,” which you will need if your application will contain any document written in a language other than English.
- Sample Affidavits. If you would like to have witnesses, friends, or family members write to the Asylum Office regarding the basis for your asylum claim, following this template will help to ensure that the Asylum Officer gives the written testimony full evidentiary weight.
- Checklist of documents to bring to your asylum interview. The Asylum Officer will expect to see original documents and additional evidence at your interview. Reviewing this checklist will help you to ensure that you are prepared when you show up for your interview.
- Frequently Asked Questions, answering some of the most common questions that applicants have when filing an application for political asylum.
How to use this package?
Follow the step-by-step instructions on how to complete, assemble, and file a strong application for political asylum with USCIS. The package begins with an overview of U.S. asylum law so that you can decide whether filing for asylum is the right move for your situation. You should review this section carefully before deciding whether to file.
Once you have decided to file your application, follow the package’s step-by-step instructions to fill out the necessary paperwork, prepare your personal statement, collect the necessary evidence, and submit your application to USCIS. The package also provides information to help you prepare for your interview with an Asylum Officer, and information about what can happen after your interview. Following the instructions in this package will give you the information that you need to file the strongest application possible.
Special instructions
Please note that, as a general rule, applications for asylum must be filed within one year of a person’s arrival to the United States. There are a number of exceptions to this general rule (and these exceptions are discussed at length in this package), but, if at all possible, you should endeavor to file within one year.
This package is intended for use only by individuals who are not in Removal Proceedings (in front of an Immigration Judge). If you are currently in Removal Proceedings, you may still be eligible to apply for asylum, but the application procedure will be very different. If you are in Removal Proceedings, you should consult with an experienced immigration attorney in order to learn more about how to submit your application.
You may be ineligible for asylum if you have been convicted of a serious, non-political crime. If you have ever been convicted of a crime, it is strongly advisable to speak to an experienced immigration attorney before deciding whether to file your application.
It is not possible to file for asylum unless you are physically present in the United States. Do not purchase this packet if you are outside the United States.