How to Apply for Asylum if your are NOT in Immigration Court Removal Proceedings (Affirmative Application)

What are the steps of the asylum process with USCIS?

Here is what the asylum process with USCIS looks like:

1. Prepare and submit your asylum application to USCIS.
2. Receive a receipt notice for your asylum application.
3. Receive a notice for a biometrics appointment, and go to your biometrics appointment, where the government will collect your fingerprints.
4. Apply for a work permit. Asylum seekers can apply for a work permit 150 days after they submit their asylum applications.
5. Wait for your asylum interview. The wait time can be very long. While you are waiting, you can continue to renew your work permit.
6. Receive an asylum interview notice.
7. Go to your asylum interview and explain your story to the asylum officer.
8. Receive a decision.

If USCIS grants you asylum, you and any family members that you included in your asylum application will receive asylum.

 

How do I check the status of my application with USCIS?

You can check the status of your application with USCIS by entering your receipt number into this online USCIS case status tool. Your receipt number is located in the top left corner of your receipt notice. The receipt number usually begins with three letters.

If you have questions about what the USCIS case status tool says, you can also call USCIS at 1-800-375-5283. When you are asked to explain what you are calling about, you can say “InfoPass” to speak with a representative. You may have to wait a long time before you are connected with a representative.

 

What should I do if I have not received a receipt notice after submitting my asylum application to USCIS?

The first thing to do if you have not received a receipt notice is to check that your asylum application (Form I-589) was delivered to USCIS. If you mailed your asylum application and you have tracking information, you should track the package. Save a screenshot or print the webpage confirming delivery. If you applied for asylum online, check your USCIS online account for the receipt notice.

While you wait for your receipt notice, make sure to keep your address updated with USCIS.

If you have not received a receipt notice after 2 months, you can call the USCIS Contact Center at 1-800-375-5283. When you are asked to explain what you are calling about, you can say “InfoPass” to speak with a representative. Then, you can explain that you submitted your asylum application 2 months ago but you have not received a receipt notice. Be sure to have your A Number ready (if you have one), as well as any mailing information you may have, such as the date you mailed your documents and the mailing tracking number.

You can also try to contact your local USCIS asylum office to request their assistance. You can find contact information for your local office by entering your zip code at this webpage: https://egov.uscis.gov/office-locator/#/asy 

 

Where is my asylum office and how do I contact them?

If you received your asylum interview notice, you will find the address for your asylum office on the notice.

If you need to contact the asylum office, you can find the contact information on this USCIS webpage: https://egov.uscis.gov/office-locator/#/asy 

You can also check if your local asylum office is open by going to this USCIS webpage: https://www.uscis.gov/about-us/uscis-office-closings

 

When is my asylum interview with USCIS?

After you submit your asylum application, USCIS should send you an interview notice in the mail with the date, time, and location for your asylum interview. If you move, make sure you update your address so that you do not miss any notices.

If you have not yet received an interview notice, you can check the status of your asylum application with USCIS by entering your receipt number into this online USCIS case status tool: https://egov.uscis.gov/casestatus/landing.do. Your receipt number is located in the top left corner of your receipt notice for your asylum application. The receipt number usually begins with three letters. The case status tool will show if an interview notice has been sent to you, but it will not show you the date for your interview.

If the case status tool shows that an interview notice has been sent but you have not received it, you can call USCIS at 1-800-375-5283. When you are asked to explain what you are calling about, you can say “InfoPass” to speak with a representative.

 

What should I do if I cannot attend my asylum interview on the scheduled date?

If you cannot attend your interview, you can request to reschedule your interview. To make this request, you can write the reason why you cannot go in the bottom left box on your original asylum interview notice. When you are done, make a copy or take a photo for your records. Then, you can mail the original to the asylum office listed on your notice. Your request to reschedule your appointment needs to arrive before the date of your scheduled interview.

It can be hard to reschedule your interview. It can also delay your application for a work permit. So if possible, you should go to your interview at the scheduled time. If you already missed your interview, please read about the steps that you can take.

 

How long will I have to wait before I am scheduled for my interview? Can I make the process faster?

Unfortunately, there is no clear answer to this question. You may have to wait a long time to be scheduled for your asylum interview. 

Currently, USCIS does not process asylum cases in the order they came in, starting with the oldest cases first. Instead, in January 2018, they started prioritizing cases that were filed most recently. In other words, USCIS is now processing the newest asylum cases first, and the oldest asylum cases last. This system is called “Last In First Out.”

If you filed your asylum application before January 2018, you may be waiting for a long time before you are scheduled for your interview.

If you filed your asylum application after January 2018, you may be scheduled for an interview more quickly.

 

What happens at the asylum interview?

During the asylum interview, an asylum officer will ask you questions to determine whether you qualify for asylum. The interview can take a long time — between 1 hour to more than 4 hours.

When you arrive at the asylum office, you will first go through a security check. Then you will check in with a receptionist. If you have any documents that you have not submitted before but you want the asylum officer to look at, you can give it to the receptionist. You will wait in a waiting room until an asylum officer calls your name and takes you to a private room for your interview. Your interpreter and attorney can come with you.

Once you are in the interview room, the asylum officer will ask you to swear that you will tell the truth in the interview.

The officer will go over your asylum application with you, including information such as your name, address, and phone number. The officer will then ask you questions about your case. Some questions the officer may ask you could include why you left your country of origin, what kind of harm you suffered, whether you tried to get help from the police or the government, and what might happen to you if you returned to your country of origin in the future.

At the end of the interview, if you have an attorney, your attorney will be allowed to speak. Your attorney can explain to the officer why you should win asylum. Lastly, the officer will explain how you will receive your decision. Then, the interview will end and you will exit the room.

It is important to be honest at the interview. Inaccurate or inconsistent information can cause problems for your immigration case. You can review your asylum application before the interview.

If you feel confused at any point during the interview, you can ask for clarification. If you do not know the answer to a question, it is okay to say that you do not know the answer. If the officer asks about when something happened, you do not have to give an exact date. You can give an approximate date (for example, you can say “around April or May last year” or “last spring”). If you are having difficulty understanding your interpreter, you should tell the asylum officer.

It is okay to feel nervous or stressed during your asylum interview. It can be very hard and very emotional to talk about your past and your fears. It is okay if you cry during the interview. You can ask the officer for a break if you need one. The information you share during the interview will be kept confidential and secret, so you do not have to worry about somebody else finding out about your story. The process of seeking asylum can be difficult, but remember that you are not alone.

 

What should I bring to the interview?

You should bring:

• Your asylum interview notice.
• Your spouse and children who are included in your asylum case.
• An interpreter, if you do not feel comfortable interviewing in English.
• Your attorney or representative, if you have one.
• Identity Documents, such as a passport, for you and your family members who are included in your asylum case.
• A copy of your asylum application (Form I-589) and supporting documents.
• Originals of all the documents you submitted with your asylum application, including passports, I-94s, birth certificates, and marriage certificates for you and your family who are included in your asylum case.
• Any additional evidence that supports your case.
• Translations and certificates of translations for any documents that are not in English.
• Your biometrics appointment notice with a stamp showing that you went to your biometrics appointment.
• Read the instructions in your interview notice carefully.

You should not bring:

• Food and beverages.
• Electronic devices. You can leave your cell phone and other electronics at home or in your car.
• Any weapons or sharp objects. You will go through a security check when you get to the asylum office.

The following are not required, but may be helpful:

• You can bring something to keep you and your family occupied while you are waiting. Sometimes, after you arrive at the asylum office, you will need to wait for a while before your interview starts. You cannot bring electronic devices, but you can bring things like books and magazines. If you have a small child, you should bring something to keep them occupied, like a toy or coloring book. You may be at the asylum office for several hours.
• You should dress in neat, clean clothes. You do not have to wear a suit. You can bring a sweater or a jacket because some asylum offices can be cold.
• Arrive early (about 30 minutes before your scheduled time).

 

Do I need to bring my family to the interview?

Yes, if you have family members who are included in your asylum case, they need to come to the asylum interview with you, but they will not be interviewed themselves.  

If they are not included in your asylum case, they do not need to come.

Please note that you may need to bring someone to sit with your children while you are being interviewed. Your children who are included in your case need to come to the interview with you, but they will most likely sit in the waiting room while you are being interviewed by an asylum officer. Young children are not allowed to sit by themselves in the waiting room, and you may need someone to watch them while you are being interviewed.

Please review the instructions in your interview notice thoroughly before your interview.

 

Do I need to bring an attorney to the interview?

An attorney is not required for the interview, but if you have an attorney, you have the right to bring your attorney with you.

Your attorney is not allowed to speak during most of the interview. The attorney can take notes during the interview, answer any questions that the asylum officer asks them, and also say something at the end of the interview to explain why you should be granted asylum.

Please note that your attorney may be able to attend the interview remotely, over the phone.

 

If I do not speak English, do I need to bring an interpreter to the interview?

Yes, you should bring an interpreter to the interview if you do not speak English fluently. If you need an interpreter but you do not bring one, your interview could be canceled and rescheduled.

Read your interview notice carefully for instructions!

Here are some tips about finding an interpreter if you need one: 

• If you bring an interpreter, the interpreter must be at least 18 years old and fluent in English and the language you prefer.
• Please make sure that your interpreter is a trustworthy individual who is going to interpret every word you say accurately, and who will keep your information confidential. Your interpreter cannot be your attorney, a witness who is going to testify on your behalf, or a representative or an employee of the government of your country of origin.
• If you are deaf or hard of hearing, and you need help finding an appropriate interpreter, you can contact the local asylum office where your interview will take place. Find your local asylum office here: https://egov.uscis.gov/office-locator/#/asy 
• If you bring an interpreter, the asylum officer will also call their own interpreter on the phone, to make sure that everything that your interpreter is saying is accurate. This interpreter on the phone will stay silent most of the time, and will only speak if the asylum officer asks them, or if they feel like they need to correct something.

 

Can I request to be interviewed by a female or male asylum officer?

Yes, you can request to be interviewed by a female or male asylum officer. USCIS recognizes that sometimes it is more difficult to talk about your past experiences with somebody of a certain gender. The asylum office will do its best to honor your request. You can submit a written letter to the local asylum office (https://egov.uscis.gov/office-locator/#/asy) asking for a female or male asylum officer.

 

Will the information I share at the interview be kept confidential?

Yes, your information will be kept confidential. This means that your information is secret and private, and will not be shared with others. You do not have to worry about somebody else finding out about your story.

 

What should I do if I missed my asylum interview?

If you missed your interview and want to continue to pursue your asylum case, you should contact the asylum office as soon as possible, within 45 days. You will need to explain why you missed it, and USCIS may agree to reschedule your interview if they believe you had a good reason (also called “good cause”.)

If more than 45 days have passed, you may still be able to reschedule your interview, if you have an “exceptional circumstance.” Examples of exceptional circumstances include domestic violence or serious illness. You can read more about “good cause” and “exceptional circumstances” on this USCIS webpage: https://www.uscis.gov/humanitarian/refugees-and-asylum/asylum/establishing-good-cause-or-exceptional-circumstances 

If you miss your interview and you do not take any action, what happens next depends on your situation:

• If you do not have other immigration status (like Temporary Protected Status or a valid visa), an immigration court case will be started against you.
• If you do have other immigration status, USCIS will dismiss your asylum case.

You can check the status of your application with USCIS by using this USCIS case status tool: https://egov.uscis.gov/casestatus/landing.do. You may wish to find legal assistance to understand your options.

 

How long do I have to wait for a decision after my asylum interview?

The waiting time for a decision can vary. The length of the waiting time does not necessarily indicate whether your case is going to be approved or denied.

Some applicants receive their decisions two weeks after their interview, and will be asked to go back to the asylum office where they had the interview to receive the decision.

If the decision takes longer than two weeks, the decision will normally be mailed to you. If you move, make sure to change your address.

This resource was created by the Asylum Seeker Advocacy Project (ASAP) and edited by Immigrant Advocates Response Collaborative (I-ARC). You can view the original resource and any updates on ASAP’s website here: https://help.asylumadvocacy.org/faqs-uscis/