Asylum Application Guide

Asylum Application Guide

If you fear persecution in your home country due to your race, religion, nationality, political opinion, or membership in a particular social group, the U.S. offers asylum as a legal means of protection. Applying for asylum involves multiple steps and requires careful preparation of documents. This guide walks you through the process, making it easier for you, your spouse, and your children to apply for asylum in the U.S.

Who Can Apply for Asylum?

To qualify for asylum, you must demonstrate that you have suffered persecution or have a well-founded fear of persecution in your home country. This persecution must be based on one of five grounds:

1. Race

2. Religion

3. Nationality

4. Political Opinion

5. Membership in a Particular Social Group

Applicants must generally apply for asylum within one year of arriving in the U.S., although exceptions are made in certain cases, such as changed circumstances or extraordinary circumstances.

When to Apply for Asylum?

The best time to apply for asylum after arriving in the USA is typically within one year of your arrival. This timeframe is crucial as it allows applicants to present their case while adhering to U.S. immigration laws. However, there are exceptions to this rule. For instance, if an applicant has experienced a change in their circumstances that affects their fear of persecution or has encountered extraordinary circumstances that prevented them from applying within the one-year period, they may still be eligible to file for asylum. It is essential for individuals to understand these nuances and seek legal advice to navigate the complexities of the asylum process effectively. Proper preparation and timely action can significantly impact the outcome of an asylum application, making it imperative to act promptly upon arrival.

Chronological Order for Arranging Asylum Documents

When applying for asylum, it’s important to organize your documents properly. Below is the recommended order in which to arrange your application and supporting materials.

1. Cover Letter (Optional)

Including a cover letter is optional, but it can help organize your package. Briefly describe the contents of your asylum application package and list the documents you are including.

2. Form I-589: Application for Asylum and Withholding of Removal

This form is the cornerstone of your asylum application. It should be the first document in your package. Make sure it is completed accurately and signed.

3. Supporting Identity and Travel Documents

These documents are critical in verifying your identity and your family relationships:

• Passports: Include copies of the biographical page and any U.S. visas or entry stamps for you, your spouse, and your child.

• I-94 Arrival/Departure Record: If you entered the U.S. legally, include a copy of this document.

• Birth Certificates: Copies of birth certificates for yourself, your spouse, and your child, proving your relationships.

• Marriage Certificate: A copy of your marriage certificate to verify your relationship with your spouse.

• Photographs: Include passport-sized photos of yourself, your spouse, and your child (USCIS will provide guidelines on photo requirements).

4. Affidavit or Personal Declaration

Your personal affidavit or declaration is the core of your asylum claim. This document is a detailed account of the persecution you have suffered or the persecution you fear if you return to your home country. It should include specific details about who persecuted you, why you were persecuted, and how these events unfolded.

Make sure your affidavit:

• Is clear and detailed.

• Chronologically explains events.

• Addresses any fear of future persecution based on race, religion, nationality, political opinion, or social group membership.

5. Supporting Evidence of Persecution

To strengthen your asylum claim, you should provide as much supporting documentation as possible. These documents may include:

• Medical Reports: If you or a family member has been injured or harmed, medical documentation can support your claim.

• Police or Court Reports: If there were any legal actions taken due to persecution, include any relevant police reports or court documents.

• Photographs: Include any photographs of injuries, incidents, or proof of persecution.

6. Country Condition Reports

Country condition reports provide context to your asylum claim by showing the dangerous situation in your country of origin. These reports are generally produced by human rights organizations or the U.S. government, and they detail the state of political persecution, human rights violations, and social unrest in different countries.

• NGO Reports: Include reports from non-governmental organizations like Human Rights Watch, Amnesty International, or Refugees International.

• News Articles: Include relevant news articles that corroborate your claims of danger in your country.

7. Additional Supporting Letters

In addition to your personal affidavit, you may include letters from family members, friends, or organizations that can vouch for your claims. These letters should be detailed and specific, describing the persecution you have faced.

8. Passport-Sized Photographs

Make sure to include passport-sized photos of yourself, your spouse, and your child as per USCIS guidelines. Place these in a clear plastic bag and label them with the names of each applicant.

9. Index of Documents (Optional)

To help the USCIS officer navigate your application more easily, it can be useful to include an index or table of contents. This document should clearly outline the order and type of documents you are submitting.

Step-by-Step Process for Filing Your Asylum Application

1. Complete and Submit Form I-589

Submit the completed Form I-589 along with your supporting documents to the appropriate USCIS office. If you are already in removal proceedings, you will submit this form to the immigration court.

2. Biometrics Appointment

After submitting your asylum application, USCIS will schedule a biometrics appointment for you and your family members. This involves fingerprinting and background checks to ensure you are not a security threat.

3. Asylum Interview

Once your application is processed, you will be called for an interview with an asylum officer. During this interview, you will present your case in person, providing details about your persecution and fear of returning to your home country.

4. Decision or Referral

After the interview, the asylum officer will either approve your application or refer your case to an immigration judge. If referred, you will present your case again in court.

5. Work Authorization

You may apply for a work permit after 150 days if your asylum application is still pending and you have not yet received a decision.

Why You Should Consider Legal Assistance

While it is possible to apply for asylum on your own, the process is complex, and any mistake could delay or harm your chances of approval. It is highly recommended to seek legal counsel from an immigration attorney or a non-profit organization specializing in asylum cases, such as:

• International Refugee Assistance Project (IRAP)

• Catholic Charities

• American Immigration Lawyers Association (AILA)

Final Tips for a Strong Asylum Application

• Document everything: Include as much evidence as possible to support your claim.

• Be truthful: USCIS takes the accuracy of asylum claims very seriously.

• Stay organized: Submit your documents in a clear, organized manner for ease of processing.

If you fear returning to your home country, asylum offers a path to protection in the U.S. By carefully following these steps and gathering the necessary documentation, you can increase your chances of a successful asylum application.

Sample Cover Letter for Asylum Application

Writing a cover letter for an asylum application is a crucial step in presenting your case effectively. Start by addressing the letter to the appropriate authority, clearly stating your intention to seek asylum. In the introduction, briefly explain your background and the reasons that compel you to seek protection. Highlight any specific incidents of persecution or threats you have faced in your home country. It is essential to convey your fears of returning, providing personal anecdotes that illustrate your situation. Be honest and concise, ensuring that the tone remains formal and respectful. Additionally, express your gratitude for the opportunity to present your case and your hope for a positive outcome. Finally, include your contact information and a polite closing statement. A well-crafted cover letter can significantly enhance your application by humanizing your story and reinforcing the urgency of your request for asylum.

[Your Name]
[Your Address]
[City, State, ZIP Code]
[Phone Number]
[Email Address]

[Date]

U.S. Citizenship and Immigration Services
[USCIS Service Center Address]
Attn: Asylum Officer

Subject: Asylum Application – Form I-589
Applicant: [Your Full Name]
A# (if applicable): [Your Alien Number]

Dear Asylum Officer,

I am submitting my application for asylum, Form I-589, on behalf of myself, my wife, [Wife’s Full Name], and my 11-year-old daughter, [Daughter’s Full Name]. Due to the persecution we have faced in [Home Country], based on [Race/Religion/Political Opinion/Social Group], we are applying for protection under U.S. asylum laws.

Included in this application package are the following documents:

1. Form I-589: Application for Asylum and Withholding of Removal

2. Identification Documents:

   • Passports of myself, my wife, and my daughter

   • Birth certificates of all family members

   • Marriage certificate

   • I-94 Arrival/Departure Record

3. Affidavit/Personal Declaration: A detailed written account of the persecution we have faced and our fear of returning to [Home Country].

4. Supporting Evidence:

   • Medical reports documenting injuries sustained during persecution

   • Police reports related to incidents of persecution

   • News articles and country condition reports corroborating the dangers in [Home Country]

   • Letters from family and friends confirming our claims of persecution

5. Photographs: Passport-sized photos of myself, my wife, and my daughter

We appreciate your time in reviewing our case and the evidence provided. We fear for our lives and safety should we be forced to return to [Home Country] and are grateful for the opportunity to apply for asylum in the United States.

Sincerely,
[Your Name]

Sample Asylum Declaration Letter

Writing a declaration letter for asylum involves clearly stating your reasons for seeking asylum and providing personal details that support your case. Begin by addressing the relevant authorities and clearly stating your intention to apply for asylum. Outline the specific threats or persecution you face in your home country, including any relevant dates, locations, and events that illustrate your situation. It’s important to include personal anecdotes that highlight the severity of your circumstances, demonstrating why you cannot return home. Be sure to explain how these threats impact your life and well-being. Additionally, include any supporting documents or evidence that reinforce your claims. Finally, close the letter with a respectful statement, expressing your hope for a positive response and your willingness to provide further information if needed. Keep the tone formal and respectful throughout, as this will help convey the seriousness of your request.

DECLARATION OF [Your Full Name]
Application for Asylum – [Date]
[USCIS Case Number or A# (if applicable)]

I, [Your Full Name], a citizen of [Home Country], hereby submit this declaration in support of my application for asylum in the United States. I am applying for asylum on behalf of myself, my wife, [Wife’s Name], and our daughter, [Daughter’s Name], who is 11 years old. The following is a truthful account of the persecution we have suffered in [Home Country] due to [Race/Religion/Political Opinion/Social Group].

Background

I was born on [Your Birth Date] in [City, Country]. I married my wife, [Wife’s Name], on [Marriage Date], and we have one daughter, [Daughter’s Name], born on [Daughter’s Birth Date]. In our home country, we belonged to the [Your Religious/Political Group, Social Group], which faces ongoing persecution by [Persecutors: government/armed group/police].

Persecution in [Home Country]

Since [Year], my family and I have been targeted by [Persecutors] because of our [religion/political beliefs/membership in a social group]. The following incidents highlight the persecution we have endured:

1. First Incident:
   On [Date], I was [arrested/harassed/attacked] by [government officials/police/other persecutors] while [attending a political rally/practicing my religion]. They accused me of being [involved in opposition activities/part of a religious minority], even though I have never engaged in any criminal activities. They detained me for [X days], during which I was beaten and interrogated. I was only released after [a bribe was paid/a relative intervened].

2. Second Incident:
   On [Date], my family was targeted. [Describe an incident involving your wife or child]. [Your Wife] was harassed by the authorities at [location], who threatened her with violence unless we stopped attending [religious services/political gatherings]. My daughter, [Daughter’s Name], was also affected when [explain any threats or harm that impacted her].

3. Ongoing Threats:
   Since these events, we have received numerous threats. On [Date], [Perpetrators] came to our home and threatened to [kill/attack] us unless we left the area. Fearing for our safety, we were forced to move multiple times, but the threats continued. Our lives are in constant danger in [Home Country].

Fear of Returning to [Home Country]

Given the ongoing persecution and threats we face in [Home Country], I am terrified of returning. The government does not protect people like us, and instead, they encourage the attacks against individuals of our background. My wife and daughter are especially vulnerable, and I fear they will be harmed or even killed if we are forced to return.

Conclusion

I respectfully request that the United States government grant me and my family asylum so that we may live without fear of persecution. I have included evidence supporting my claims, including medical reports, police records, and country condition reports that demonstrate the dangers we face in [Home Country].

I declare, under penalty of perjury under the laws of the United States, that the foregoing is true and correct.

Signed:
[Your Full Name]
[Date]

Final Notes:

• Tailor the personal declaration to your unique circumstances by adding more details about your specific experiences.

• Be as detailed as possible in describing each incident of persecution and provide dates and locations whenever possible.

• It is also important to express your fear of future persecution and why you cannot return safely to your home country.

If you need further assistance or specific details related to your case, feel free to reach out!