What is Asylum?
Asylum is a legal protection for people who constitute a “refugee”—someone who cannot return to their home country because they have been persecuted or fear persecution due to their:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion
Note: Fleeing general crime, poverty, or gang violence is often not enough to win asylum under current US laws. You must prove your government cannot or will not protect you.
The Two Paths
1. Affirmative Asylum (USCIS)
- Who: People who are not in removal proceedings (not in court).
- Process: You file Form I-589 with USCIS.
- Interview: You have a non-adversarial interview with an Asylum Officer.
- Outcome: If approved, you get asylum. If denied (and out of status), you are referred to Immigration Court.
2. Defensive Asylum (Court)
- Who: People who have been arrested by ICE or are already in deportation proceedings.
- Process: You file I-589 with the Immigration Judge.
- Trial: This is like a trial. An ICE prosecutor will try to prove you should be deported. Your lawyer argues why you should stay.
- Outcome: The Judge decides.
The “One Year” Deadline
This is the strict rule that destroys many cases.
You MUST file your asylum application within 1 YEAR of your last arrival in the US.
If you wait 1 year and 1 day, you are generally barred from asylum (with very rare exceptions). You might only qualify for “Withholding of Removal,” which is much harder to win and doesn’t give you a Green Card.
The Work Permit (EAD)
You do not get a work permit immediately.
- The Clock: Once you file your asylum application, a “150-day clock” starts.
- Applying: After 150 days pending, you can apply for a work permit (Form I-765).
- Delays: If you cause a delay in your case (ask for more time), the clock stops.
Seeking Help
Asylum law is incredibly complex.
- Do not use a “Notario”. They are not lawyers and ruin thousands of cases.
- Find a specialized Attorney.
- Be Honest. If you lie to get asylum, it is a permanent ban.
Asylum is a right, but the rules are rigid. Do not miss your deadline.