Atlanta’s Best Immigration Attorneys

Atlanta’s Best Immigration Attorneys

Are you eligible for asylum in the United States?

On Behalf of | Aug 7, 2024 | Immigration Law

Requesting asylum in the United States can be a life-changing decision. It offers protection to individuals who face persecution in their home countries. However, the process is complex, and only some may qualify.

Meeting the criteria for asylum

It would help if you met specific criteria to qualify for asylum in the United States. Here are the key factors:

  • Persecution: You must have suffered, or dread persecution based on ethnicity, religion, nationality, membership in a specific social group or political beliefs.
  • Location: You must be physically present in the United States or at a U.S. port of entry when you apply for asylum.
  • One-year deadline: You must petition for asylum within one year of your last arrival in the United States. Certain exceptions apply to this rule, such as changes in circumstances or unusual conditions.
  • No safe third country: You must not be able to find safety in another country before coming to the United States.
  • Credibility: You must provide credible evidence to support your claim. This can include personal testimony, sworn statements and other documentation.

Meeting these criteria does not guarantee asylum but allows you to apply. Each case is unique, and the U.S. Citizenship and Immigration Services (USCIS) will evaluate your application thoroughly.

Requesting asylum in the U.S.

To request asylum, you must first submit Form I-589, Application for Asylum and Withholding of Removal, to USCIS. After you file your application, USCIS will set up an interview with an asylum officer.

This interview usually occurs within 21 days of submitting your application, but processing times can vary. During the interview, you must present evidence supporting your claim and answer questions about your experiences and fears of persecution. If you need help to speak English fluently, bring an interpreter.

You should also provide any documents that prove your identity and support your asylum claim, such as passports, birth certificates and evidence of persecution. If you believe you qualify for asylum, you may want to seek help from a legal professional who can guide you through the application process, increasing your chances of a more favorable outcome.