ASYLUM & REFUGEE STATUS

Asylum may be granted to people who are arriving in or already physically present in the United States. To apply for asylum in the United States, you may ask for asylum at a port-of-entry or file Form I-589, Application for Asylum and for Withholding of Removal, at the appropriate Service Center within one year of your arrival in the United States. You may apply for asylum regardless of your immigration status, whether you are in the United States legally or illegally.

1 Year Filing Deadline:  You must apply for asylum within one year of your last arrival in the United States, but you may apply for asylum later than one year if there are changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances directly related to your failure to file within one year. These may include certain changes in the conditions in your country, certain changes in your own circumstances, and certain other events. However, you must still apply for asylum within a reasonable time given those circumstances.

Barred from Applying for Asylum Again:  You will be barred from applying for asylum if you previously applied for asylum and were denied by the Immigration Judge or Board of Immigration Appeals, unless you demonstrate that there are changed circumstances which materially affect your eligibility for asylum. You will also be barred if you could be removed to a safe third country pursuant to a bilateral or multilateral agreement.

Where to File the Asylum Application:

 

Circumstance

Where to File Your Form I-589

Applying for asylum for the first time and have not been placed in removal proceedings in Immigration Court

USCIS Service Center that has jurisdiction over your place of residence.

Previously applied for and were denied asylum by INS or USCIS

Asylum Office having jurisdiction over your place of residence.

Previously included in a spouse’s or parent’s pending application but no longer eligible to be included as a derivative

Asylum Office having jurisdiction over your place of residence.

Currently in removal proceedings in Immigration Court

US Immigration Court having jurisdiction over your place of residence.  

Note there are special filing instructions with the Immigration Court which you should refer to before filing the application.

Certain crewmembers, stowaways, individuals who entered the U.S. pursuant to the Visa Waiver Program

USCIS District Director having jurisdiction over your place of residence.

 

Source: USCIS, “How to Apply for Asylum Application.”

 

 

Please contact us for a free initial consultation via email, telephone, or in-person.  Our experienced Asylum and Refugee Immigration Attorney can meet with you to discuss whether you qualify for this type of immigration benefit. Our US Immigration Attorney has effectively represented and filed various asylum and refugee applications based on political asylum, religious persecution, FMG, etc.  Call now to avoid missing the one year filing deadline.  Call toll free 800.993.9097.



ASYLUM & REFUGEE NEWSFLASH

USCIS Asylum Information Website

Fact Sheet Iraqi Refugee Processing (9/12/2008)

Joint Statement by Department of State Senior Coordinator for Iraqi Refugee Issues Ambassador James Foley and Homeland Security Senior Advisor for Iraqi Refugees Lori Scialabba (09/12/08)

Expanded Special Immigrant Status for Afghan and Iraqi Translators & Interpreters (Fact Sheet 07/02/08)

Special Immigrant Visas for Iraqis who worked on behalf of the US Government

Worldwide Refugee Admissions Processing System FAQs on Iraqi Refugee Program

American Embassy Launches Special Immigrant Visa Program for Iraqis Who Have Worked for or on Behalf of the United States