How to Apply for Asylum in the U.S.? A Step-by-Step Comprehensive Guide

By Asim Kilinc, Immigration Attorney at CK Law Firm

In this article, I want to provide a comprehensive guide for those who want to obtain a Green Card in the U.S. through asylum, in other words, to have permanent residency and work permits. This guide is based on the most challenging questions my clients faced and sought answers to during hundreds of asylum applications we handled at CK Law Firm, where I am a co-founder. By reading this article, you can find answers to the following questions:

• Do I need to be in the U.S. to apply for asylum?
• When should I apply for asylum?
• Can I apply for asylum after one year?
• How to apply for asylum in the U.S.?
• How can I track the status of my asylum application?
• What is a biometric appointment, and how is it done?
• What documents should I bring to the biometric appointment?
• What happens at the biometric appointment? What should I do?
• What happens if I miss the biometric appointment?
• When can I apply for a work permit?
• How long does it take to get a work permit?
• How to apply for a work permit?
• When is the work permit approved?
• How long is the work permit valid?
• In what jobs can I work with an asylum-based work permit?
• Can I renew my work permit?
• When is the date set for the asylum interview?
• What is the asylum interview, and how is it conducted?
• How should I prepare for the asylum interview?
• What questions are asked in the asylum interview?
• When will I get the result of the asylum interview?
• What should I do after my asylum is approved?
• How to apply for a Green Card through asylum?

Do I Need to Be in the U.S. to Apply for Asylum?

To apply for asylum in the U.S., you need to be within the borders of the U.S. This is the primary requirement for the application. There is no obstacle to applying for asylum once you have entered the U.S. It does not matter whether you entered the U.S. legally or illegally; you can apply for asylum in both cases. However, the processes vary depending on whether you entered with a visa or illegally.

Those who enter the U.S. legally with a visa should apply for asylum through the Immigration Office. Those who crossed the border illegally should apply through the Immigration Courts.

When Should I Apply for Asylum?

You can apply for asylum as soon as you arrive in the U.S. If you entered with a visa, you can apply immediately upon arrival. If U.S. officials attempt to prevent your entry, you can make an asylum claim directly at the airport. However, if you entered without issues, you do not need to rush your application; you have the right to apply for asylum within one year of entering the U.S. This period gives you time to prepare your application and seek legal support from a good lawyer.

If you entered the U.S. illegally, you should state your asylum claim when you encounter the police. Declaring your asylum claim prevents immediate deportation and initiates the asylum process. It is crucial for those crossing the border to declare their asylum claim during their first encounter with the police or U.S. officials.

Can I Apply for Asylum After One Year?

Generally, you need to apply for asylum within one year of your first entry into the U.S. However, if you have a valid reason, you can still apply after one year. In this case, it is essential to seek legal support from a lawyer. For more information, you can contact us via LinkedIn or the CK Law Firm website.

How to Apply for Asylum in the U.S.?

You can start your asylum application after entering the U.S. Asylum is a fundamental human right. Depending on your legal status, you should apply to either the Immigration Office or the Immigration Court.

To start your asylum application, you need to correctly fill out and submit Form I-589. This form and other relevant documents should be sent to the Immigration Office. Once your application is received, the Immigration Office will send you a receipt notice confirming the processing of your application. This notice serves as proof that your asylum application is being processed in the U.S.

How Can I Track the Status of My Asylum Application?

The receipt notice will include the date your application was received by the Immigration Office. This date marks the exact day your asylum application was received. Additionally, the notice will contain a receipt number assigned to your application. You can use this number in all correspondence with the Immigration Office and check the status of your application with it.

What is a Biometric Appointment, and How is it Done?

After the Immigration Office receives your application, an important next step is to attend a biometric appointment. The Immigration Office will schedule this appointment and notify you by mail. This document will include all necessary information, such as the date, time, and location. You need to bring this document and your passport to the appointment. Firstly, I recommend checking the information in this document to ensure its accuracy. The document will contain the date and time of your biometric appointment, as well as the address you need to go to.

If your family members also applied for asylum, each of you will receive separate biometric appointments. In this case, you need to bring your appointment notices and your family members’ passports with you. Both you and your family members must personally attend the biometric appointment.

What Documents Should I Bring to the Biometric Appointment?

You must attend the biometric appointment. When you go to the appointment, you need to bring the appointment notice sent to you by the Immigration Office and your passport.

What Happens at the Biometric Appointment? What Should I Do?

The biometric appointment is relatively simple. Just bring your appointment notice and passport. During the appointment, officials will take your fingerprints and other biometric information and explain the process to you.

What Happens If I Miss the Biometric Appointment?

Attending your biometric appointment is crucial for the progress of your application. If you cannot attend on the scheduled date, you should contact the Immigration Office to request a new appointment. You must make this request before the scheduled appointment date. If you miss the appointment and do not request a new one, your application may not be processed, and you will need to contact the Immigration Office to arrange a new biometric appointment.

The biometric appointment is a critical step in the application process. It is important to attend on time and with the necessary documents. Failing to provide biometric information may result in the denial of your work permit application.

The document sent for the biometric appointment contains all the necessary information. Firstly, I recommend checking the accuracy of the information in the document. The date and time of your fingerprint appointment, as well as the address you need to go to, are listed in the document. You need to go to the specified address at the specified date and time.

When Can I Apply for a Work Permit?

The period for applying for a work permit begins after you have submitted your asylum application. The 150-day period required for the work permit application starts from the date indicated on the receipt notice you received from the U.S. Citizenship and Immigration Services (USCIS).

How Long Does It Take to Get a Work Permit?

Approval of the work permit application usually takes a few weeks. You will receive a notification of approval, along with documents containing your work card and Social Security Number (SSN). With these documents, you can work in the U.S.

How to Apply for a Work Permit?

To apply for a work permit, you need to wait 150 days from the processing of your asylum application. To apply for a work permit, you need to fill out Form I-765 and send it along with the required documents. You can apply for the work permit online or by mail. However, online applications usually result in faster outcomes.

When is the Work Permit Approved?

The work permit application is usually approved a few weeks after your application. Once approved, you will receive a notification (approval notice) from USCIS. Along with this, you will be given an Employment Authorization Document (EAD) and a Social Security Number (SSN). With these documents, you can work in any job in the U.S.

How Long is the Work Permit Valid?

When the work permit is approved, it is generally valid for 5 years. If your asylum case is still ongoing at the end of this period, you can apply to renew your work permit.

In What Jobs Can I Work with an Asylum-Based Work Permit?

Once you receive your work permit, you can start working in any job you want. You can work in any job you want and even start your own business.

Can I Renew My Work Permit?

The work permit is valid for 5 years. If your asylum application is still unresolved after 5 years, you can apply to renew your work permit.

When is the Date Set for the Asylum Interview?

After you apply for asylum, you need to wait for a date to be set for the asylum interview depending on the workload of USCIS. During this time, since your work permit will be approved, you will not have any issues working while waiting for your interview.

USCIS will set an interview date for you and notify you. Until a date is set, you can continue collecting documents and evidence to strengthen your asylum application. Once an interview date is set, it is important to send all your evidence and documents to USCIS at least one week before the interview.

What is the Asylum Interview, and How is it Conducted?

On the day of the interview, the applicant must go to the USCIS office. The interview is usually conducted by a USCIS officer who will ask questions related to your asylum claim.

There is no fixed duration for the asylum interview; it can last one or two hours or even more than a day. The important thing is to be well-prepared and for your interview to support your asylum claim.

If your English is not sufficient, you will need to bring an interpreter with you.

How Should I Prepare for the Asylum Interview?

Preparing in advance for the asylum interview is beneficial. Specifically, preparing the details of the persecution and harm you experienced in your country and practicing potential questions can help support your asylum claim.

What Questions Are Asked in the Asylum Interview?

During the interview, you will be asked detailed questions about the reasons for your asylum claim, the situation in your country, and your journey to the U.S. The interview is designed to verify your claims and assess the validity of your asylum application.

The purpose of the asylum interview is to determine whether your application meets the asylum criteria. The questions will focus on the reasons for your asylum claim, the difficulties you faced in your country, and the mistreatment or persecution you experienced.

When Will I Get the Result of the Asylum Interview?

Once the interview is completed, the Immigration Office will evaluate your asylum application and make a decision. If the application is approved, the applicant is granted asylum status. If it is denied, the applicant has the right to appeal or explore other legal options.

The result of the asylum interview can take a few weeks or several months. The duration varies depending on factors such as the officer handling your interview and the status of your application.

What Should I Do After My Asylum is Approved?

After your asylum interview, a decision will be made regarding your asylum application. This decision is usually communicated to you within a few months. Approval of your asylum application means that your asylum claim has been officially accepted in the U.S., and you are granted asylum status. Once your asylum application is approved, you can apply for a Green Card to obtain permanent residency.

How to Apply for a Green Card through Asylum?

A person granted asylum status can apply for a Green Card one year after being granted asylum status. To apply for a Green Card, you need to fill out and submit Form I-485 to the Immigration Office. Once your Green Card application is approved, you will obtain permanent residency in the U.S. Five years after your Green Card is approved, you can apply for U.S. citizenship.

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.

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