What is a asylum?
Asylum is a form of protection that allows a noncitizen to remain in the United States and eventually apply for a green card if they have suffered past persecution or have a well-founded fear of future persecution on account of race, religion, nationality, political opinion, or membership in a particular social group. Applications must generally be filed within one year of arrival, with limited exceptions for changed or extraordinary circumstances.
Who qualifies?
- Past persecution or a well-founded fear of future persecution
- Persecution on account of race, religion, nationality, political opinion, or membership in a particular social group
- The persecutor is the government or someone the government cannot or will not control
- Application filed within one year of arrival, with exceptions for changed or extraordinary circumstances
- No bars such as firm resettlement, persecution of others, or certain criminal grounds
How the process works
- Develop the personal narrative. Work with the client to draft a careful declaration of what happened and why it amounts to persecution on a protected ground.
- Gather corroborating evidence. Collect identity documents, country-conditions evidence, medical records, and witness statements.
- File Form I-589. File the asylum application with USCIS for affirmative cases or with the immigration court for defensive cases.
- Apply for work authorization. After 150 days of a pending asylum application, the applicant may file Form I-765 for an employment authorization document.
- Attend the interview or hearing. Affirmative cases are decided at an asylum-office interview. Defensive cases are decided at an individual hearing in immigration court.
Timeline and what to expect
Asylum timelines vary widely. Affirmative cases at some asylum offices are scheduled within months while others take years. Court cases depend on the immigration court's docket and can extend for years before a final decision.
Timelines vary. Always confirm current processing times with USCIS before relying on the windows above. USCIS source ↗
Common challenges
- Meeting the one-year filing deadline
- Documenting persecution from a country with limited public reporting
- Defining a particular social group that meets current case law
- Internal-relocation findings that defeat otherwise strong claims
- Credibility issues from inconsistencies between the declaration, prior statements, and testimony
How Chaudhry Law helps
Asylum is built on careful, consistent storytelling that meets a legal standard. The firm spends time with the client to develop a declaration that is truthful, complete, and ready to withstand cross-examination. We assemble country-conditions evidence and prepare clients for the interview or hearing in detail.
Frequently asked questions
Can I work while my asylum case is pending?
You may file for an employment authorization document 150 days after a complete asylum application is filed, with USCIS adjudicating after 180 days under current rules.
What if I missed the one-year deadline?
Exceptions exist for changed or extraordinary circumstances. The exception must be raised early and supported with evidence.
Can my family be included?
Spouse and unmarried children under 21 can be included as derivatives if they are in the United States and listed on the application.
Will my home country find out?
Asylum applications are confidential by regulation. USCIS and immigration courts generally do not share asylum information with the home country.
What happens if asylum is denied?
In immigration court, denial typically results in an order of removal that can be appealed to the Board of Immigration Appeals. Affirmative denials by USCIS are referred to immigration court for a renewed claim.