Seeking asylum in the United States can be a complex and overwhelming experience, especially when you are fleeing danger or persecution. Whether you’ve just arrived at the border or are already living in the U.S., it’s important to understand your options and what each step involves. In this blog, we’ll break down the asylum process in simple, clear terms to help you navigate your journey to protection.
What Is the Asylum Process?
The U.S. asylum process is designed to protect individuals who fear persecution in their home country due to their race, religion, nationality, political opinion, or membership in a particular social group. There are three main ways to seek asylum:
- Affirmative Asylum – For those not in deportation proceedings.
- Defensive Asylum – For individuals already in removal proceedings.
- Asylum Merits Interview (AMI) – For some individuals who pass a credible fear interview at the border.
Affirmative Asylum Process: Step-by-Step
- Arrive in the U.S.
You must be physically present in the U.S. or at a port of entry. - File Form I-589
Apply within one year of your last entry, unless you qualify for a legal exception. - Biometrics Appointment
USCIS will schedule you for fingerprinting to complete security checks. - Asylum Interview
You’ll meet with an asylum officer to present your case. You may bring a lawyer. - Wait for a Decision
If approved, you’ll be granted protection and may apply for a green card after one year. If denied and you don’t have lawful status, your case may be sent to immigration court.
Defensive Asylum Process: What to Expect
- Removal Proceedings Begin
You may be in court because you were detained or referred after a denied affirmative claim. - Submit Form I-589
File your application with the immigration court. - Immigration Hearing
You present your case before a judge, often with legal representation. - Judge’s Decision
The judge will grant or deny asylum. You may appeal the decision.
Asylum Merits Interview (AMI): For Border Arrivals
- Credible Fear Interview
If you arrive at the border and are placed in expedited removal, you may be interviewed to determine if you have a credible fear. - AMI Scheduled
If you pass, you’ll have a non-adversarial interview with USCIS. - Final Decision
If granted, you receive asylum. If not, your case goes to an immigration judge.
Important Things to Know
- Apply Within One Year: Unless you qualify for an exception, apply for asylum within one year of arriving in the U.S.
- You Can Include Family: Your spouse and children (under 21 and unmarried) can be included in your application.
- Work Authorization: You may apply for work authorization 150 days after filing your asylum application.
- Path to Permanent Residency: After one year as an asylee, you can apply for a green card.
Need Help with Your Asylum Case?
Navigating the asylum process without legal guidance can be risky and confusing. At J. Molina Law Firm, we’re here to support you every step of the way. Whether you’re at the border, in court, or just getting started, our experienced immigration attorneys will fight for your right to safety and stability in the U.S.
Contact us today for a personalized consultation. Your future deserves protection—and we’re here to help you secure it.
