Step 1

Arrive in U.S. — you must be physically in the country to apply.

Roadblocks

According to a new U.S. Supreme Court decision, the U.S. can deny asylum if you have not tried to seek asylum in another country first. You can only ask for asylum if you have been refused asylum in a previous country that you have passed though on your way to the U.S. Although this decision was made on Sept. 11, 2019, it has yet to be enacted.

Next Step

Step 2

Apply for asylum. It must be within one year of your arrival in the U.S. You must fill out Form I-589 (most people do it immediately upon entry into the U.S.)

Roadblocks

If your application is not filled out entirely or filled out within one year of last entry to U.S., they won’t even consider you when you show up to the port of entry.

Waiting Time

The Immigration and Nationality Act (INA) requires USCIS to schedule initial interview within 45 days and make a decision within 180 days of the application.

Next Step

Step 3

Fingerprinting / Background Checks. Read ASC notice and take it to your appointment (must bring all members of family applying for asylum).

Waiting time

As of July 2018, the average wait for an immigration hearing was 721 days. This is because funding for immigration judges has not kept up with increasing case loads.

Next Step

Step 4

Receive an interview notice. The notice tells you the date, time and place of your interview to determine credible threat (reason for asylum).

Next Step

Step 5

Go to your interview. You can have an attorney present and bring any witnesses during the interview.

Requirements

Must bring spouse and children if they are seeking asylum too.

Roadblocks

If your fear of persecution in your home country is considered not well-founded, an asylum officer may determine they cannot grant you asylum-seeking status.

Next Step

Step 6

Asylum officer makes determination on eligibility — the officer will determine if you meet the requirements based on credible fear.

Next Step

Step 7

Receive Decision: You return to same office as the interview to see what the officer decided about your asylum claim. If you pass this step, you now have alien status.

Next Step

Step 8

Court Hearing: Once at your final destination in the U.S., you must follow-up in local court to finalize your alien status requirements and receive your green card.

Roadblocks

On average, only about 12% of credible fear claims result in an immigration judge granting asylum status, according to the U.S. Department of Justice.

Waiting Time

In Texas, the average wait time for an immigration hearing has risen to over 1,700 days — almost five years. As of September 2019, the number of pending active cases exceeded 1 million, having nearly doubled during the Trump administration.

Next Step

Step 9

After receiving your green card, you can apply for employment authorization documents to prove you are able to work in the U.S.