Asylum in the United States
Asylum in the United States
The right to asylum allows individuals to seek protection in the United States when they face persecution in their home country. When fear, violence, or oppression threatens your safety, seeking refuge is not weakness—it is a lawful and humane option. During this difficult process, an asylum lawyer can provide critical guidance and support.
If you are considering asylum, it is essential to understand the types of asylum and how the process works.
What Is Asylum?
According to the United Nations Refugee Agency, asylum is a form of protection that allows individuals to remain in a country rather than return to one where they fear persecution. This right is recognized under the 1951 Refugee Convention and the Universal Declaration of Human Rights.
There are two main types of asylum in the United States: affirmative asylum and defensive asylum.
Affirmative Asylum
Affirmative asylum is available to individuals who are physically present in the United States and not in removal proceedings. Applications are filed with U.S. Citizenship and Immigration Services (USCIS).
Steps in the Affirmative Asylum Process
Step 1: Be Present in the United States
You must be physically in the U.S. to apply for asylum.
Step 2: File Form I-589
You must submit Form I-589 (Application for Asylum and for Withholding of Removal) within one year of your last arrival in the U.S.
You may include your spouse and unmarried children under 21 who are physically present in the U.S.
Step 3: Attend Biometrics Appointment
After USCIS receives your application, you will be scheduled for fingerprinting and background checks.
Step 4: Prepare for the Asylum Interview
USCIS will notify you of your interview date. Interviews are generally scheduled starting with the most recently filed cases. Rescheduling is allowed only for valid reasons such as medical or family emergencies.
Step 5: Attend the Interview
You may bring an asylum attorney or authorized representative. If you do not speak English fluently, you must bring an interpreter. Interviews typically last about one hour.
Step 6: Application Review
An asylum officer reviews your case, and a supervisor ensures the decision complies with U.S. law. Some cases may require further review.
Step 7: Receive the Decision
Decisions are usually issued within a few weeks, though delays may occur due to security checks or case complexity.
Exceptional Circumstances
USCIS may consider exceptional circumstances for missed interviews, including:
Extreme cruelty
Serious illness of a spouse or child
Death of a spouse or child
Supporting documents such as medical records or death certificates must be provided.
Ineligibility for Affirmative Asylum
You may be barred from applying for affirmative asylum if:
You were removed to a safe third country
You missed the one-year filing deadline
A prior asylum application was denied by an immigration judge or the BIA
In these cases, defensive asylum may be the only option.
Defensive Asylum
Defensive asylum applies to individuals in removal proceedings. Applications are heard by an immigration judge through the Executive Office for Immigration Review (EOIR).
You may qualify for defensive asylum if:
USCIS referred your case to immigration court
You were detained while attempting to enter the U.S.
You passed a credible fear interview after expressing fear of persecution
In immigration court, the U.S. government is represented by a trial attorney. Having an experienced asylum lawyer is especially important at this stage.
How an Asylum Attorney Can Help
Applying for asylum can be emotionally and legally overwhelming. An asylum attorney can:
Determine the correct type of asylum for your case
Prepare and submit accurate documentation
Help you prepare for interviews and hearings
Represent you in immigration court
Protect your rights throughout the process
You do not have to face persecution or the asylum process alone.
Lincoln-Goldfinch Law – Abogados de Inmigración
The asylum attorneys at Lincoln-Goldfinch Law – Abogados de Inmigración understand the fear and uncertainty asylum seekers face. Their team provides compassionate, experienced representation—from preparing your application to advocating for you in court.
If you are seeking protection in the United States, let an experienced asylum attorney at Lincoln-Goldfinch Law help you safeguard your future and your rights.
Lincoln-Goldfinch Law - Abogados de Inmigracion
1005 E 40th St Austin, TX 78751
(855) 502-0555
https://www.LincolnGoldfinch.com
