All Your Questions Answered About the Asylum Process for Those Entering the U.S. from the Border

By Asim Kilinc, Immigration Attorney at CK Law Firm

There are multiple ways to enter, live, work, or settle in the United States today. In this article, I will address one of the most frequently asked topics by my clients: asylum applications for those entering the U.S. from the border. Drawing from the questions posed by hundreds of clients whose cases I have handled, this article aims to answer many questions about the asylum process for those crossing the border without a visa or passport. By reading this article, you can find answers to the following questions:

• Can those crossing from the Mexican border apply for asylum?
• How is the state where the asylum court will be held determined?
• Can I change my court location if I move to an address different from my sponsor’s address?
• How can I check if I need to notify ICE (Immigration and Customs Enforcement)?
• Can I check if my asylum court has been scheduled and its date?
• I checked my court status with my A-number, but my court date is not listed. Can I still apply for asylum?
• Can I start my asylum application without clarifying my reason for asylum?
• How long does the asylum court process take?
• What types of hearings are there in the asylum court process? What are Master Hearings and Individual Hearings?
• Can I attend my hearings online during my asylum court process?
• Can I expedite the date of my asylum hearing?
• I crossed the border with my family, but we have different court dates. Can these be combined?
• Do I need to bring an interpreter to my asylum court?
• Can I change my lawyer during my asylum court process?
• Can I apply for a work permit before starting my asylum process?
• Is there a fee for applying for a work permit?
• How long is the work permit valid?
• Do I need to apply separately for a Social Security Number (SSN) card?
• How long after applying for a work permit can I receive my card?
• How can I check if my work permit process has started?

If you have any additional questions about this topic, please do not hesitate to contact me via the comments section below this article, by sending me a message directly on LinkedIn, or through the CK Law Firm Immigration Attorney Firm’s website.

Can those crossing from the Mexican border apply for asylum?

Yes, they can apply. The asylum process for those entering the country without a visa is handled differently from those entering with a visa. These cases are heard in asylum courts and decided by immigration judges. After entry, border patrol officers (ICE) conduct certain registration processes. Following these processes, individuals may be held in camps for some time at the discretion of the border patrol and then released. The border patrol assigns an A-number to these individuals and officially registers them in the system.

All asylum procedures and court processes are followed using this A-number, which remains your identification number until you become a U.S. citizen.

How is the state where the asylum court will be held determined?

After entering the U.S., the border patrol will ask for a sponsor address, which indicates where you will stay in the U.S. The sponsor address provided to the border patrol determines the location of your court, and your case is opened in that state.

Can I change my court location if I move to an address different from my sponsor’s address?

You can move to a different address. However, you need to inform the immigration court where your case was opened and ICE about your new address through your lawyer. Failure to notify can result in missing an appointment and an arrest warrant being issued by the border patrol. Therefore, it is crucial to keep your file active with all updates regarding your sponsor’s address.

How can I check if I need to notify ICE?

While processing your case, the border patrol may schedule an appointment in the state where your sponsor address is located. If there is such a requirement, your lawyer will inform you by reviewing the documents provided to you. Missing this appointment may result in an arrest warrant issued by ICE. Therefore, it is important to keep your documents and have a copy on your phone.

Can I check if my asylum court has been scheduled and its date?

The U.S. Department of Justice has an online system where you can check your case status. By clicking here and entering your nine-digit A-number found in your documents, you can check if your asylum court has been scheduled. If scheduled, you can learn the details of your court and judge.

I checked my court status with my A-number, but my court date is not listed. Can I still apply for asylum?

If your court date is not listed in the system, it does not mean that a date has not been set. Your court date is specified in the documents provided by the border patrol. Due to heavy workloads, correspondence between DHS and immigration courts can take time.

Can I start my asylum application without clarifying my reason for asylum?

Even if the details of your asylum reason are not clear, your application can be processed once a general reason is determined. Detailed explanations and supporting information can be added to your case file before the main court hearing. Guidance from your asylum lawyer is crucial in this process.

How long does the asylum court process take?

The asylum court process can take 2 to 5 years depending on the workload and location of the immigration court. During this period, you may need to attend 2 or 3 separate hearings. Participation in these hearings and being represented by a lawyer is very important. Missing any of these hearings without a valid excuse may result in a deportation order by the immigration judge.

What types of hearings are there in the asylum court process? What are Master Hearings and Individual Hearings?

In your asylum process at the immigration court; the first hearing, known as the Master Hearing, is to verify your identity, handle some administrative tasks, and schedule future hearings. The immigration judge may schedule another Master Hearing if necessary. The Master Hearing is not a trial and does not evaluate the merits of your asylum case. Additionally, your lawyer can request a separate Master Hearing to consider additional requests.

After the Master Hearing, the immigration judge will set a date for the Individual Hearing, where the merits of your asylum application will be evaluated. During this hearing, you will need to respond to cross-examinations by your lawyer and the prosecutor regarding your asylum application. After this process, the immigration judge will make a decision on your asylum application. If the decision is favorable, you can start the Green Card application process. If the decision is unfavorable, you can appeal the decision to the Board of Immigration Appeals.

Can I attend my hearings online during my asylum court process?

You can generally attend Master Hearings remotely at your lawyer’s request to the immigration court, but this is at the judge’s discretion. However, the judge will mostly require you to attend the Individual Hearing in person. Whether you attend hearings online or in person does not affect the judge’s view of your case.

Can I expedite the date of my asylum hearing?

Your lawyer can request the immigration court to expedite the date of your hearing. However, the judge’s decision will be determinative in this regard. If the judge’s schedule allows, your hearing may be rescheduled to an earlier date.

I crossed the border with my family, but we have different court dates. Can these be combined?

Your lawyer can request to combine court dates for close family members. Similarly, it is also possible to request separate courts for family members. For example, couples who entered the U.S. together from the Mexican border but later divorced can request separate court processes through their lawyer.

Do I need to bring an interpreter to my asylum court?

The immigration court will provide an interpreter so that you can participate in the hearing in your native language.

Can I change my lawyer during my asylum court process?

You are free to terminate your attorney-client relationship. You can change your lawyer during your asylum court process. Your new lawyer can notify the court that they now represent you.

Can I apply for a work permit before starting my asylum process?

You cannot apply for a work permit before starting your asylum process. The work permit process begins after your asylum application is submitted to the court. There is a 150-day waiting period after submitting your asylum application to the court. Once this period is over, you can apply for a work permit.

Is there a fee for applying for a work permit?

There is no fee for the initial work permit application after your asylum application. The first application is free.

How long is the work permit valid?

According to the latest changes on September 27, 2023, the work permit is valid for 5 years.

Do I need to apply separately for a Social Security Number (SSN) card?

You can request your SSN card along with your work permit application. Once your work permit is approved, your SSN card will be sent to you.

How long after applying for a work permit can I receive my card?

You will receive your work permit card 2-4 weeks after applying. You can track the status of your work permit card using the tracking number provided by the immigration office by clicking here.

How can I check if my work permit process has started?

The timeline for the work permit starts from the date your asylum application is submitted to the court. You can check how many days have passed since your application by calling 800-898-7180.

The initiation of your asylum process, obtaining your work permit, tracking your court processes, and interviews are complex and labor-intensive processes. However, obtaining a Green Card through asylum gives you the opportunity to settle, work, and live in the U.S. With this visa, you and your family can even become American citizens in the future. Please remember that if you have questions not answered in this article, you can contact me through the comments section below this article or at cklawfirm.org.

Who is Attorney Asım Kılınç?

Attorney Asım Kılınç is the co-founder of CK Law Firm and is known for his expertise in immigration law and U.S. asylum applications. He completed his Master’s degree at Southern Methodist University Dedman School of Law and is registered with the Missouri Bar Association, focusing specifically on U.S. immigration law. With his deep knowledge and experience in immigration law, Attorney Kılınç has played an active role in the preparation processes of over 1000 cases, proving his expertise in this field. He provides comprehensive and professional legal support to his clients, helping them adapt to their new lives in the U.S. Attorney Kılınç has extensive knowledge of U.S. asylum applications, guiding his clients meticulously throughout the process and ensuring they receive the best legal advisory services. He offers the highest quality service in citizenship, Green Card, work permits, and other immigration processes, supporting his clients from the beginning to U.S. citizenship. Reinforcing CK Law Firm’s leadership in immigration law and U.S. asylum applications, Attorney Asım Kılınç offers reliable and effective legal advisory services, standing by his clients on their journey to establishing a new life in the U.S.