Asylum in the United States

ASYLUM AND WITHHOLDING OF REMOVAL

Why should an individual apply for asylum and withholding of removal?
An individual must file an application for asylum and withholding of removal to prevent INS from removing him or her to his home country. Specifically, this application must be filed with INS, or with the immigration court if the person is in removal proceedings, if the individual fears to return to his home country because of past "persecution" or a "well-founded fear of persecution" on account of race, religion, nationality, membership in a particular social group, or political opinion.

What is the application that must be filed to request asylum and withholding of removal?
The applicant must file form I-589 (in triplicate (original and two copies)) with the INS Service Center with jurisdiction over the applicant's residence in the U.S.

Where is this application submitted?
Form I-589 must be filed with the INS Service Center with jurisdiction over the applicant's residence in the U.S.

What are the filing fees for this application?
There are no filing fees for this application.

What are the requirements to apply for asylum?
The applicant must prove that he or she has suffered past persecution or has a well-founder fear of future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

What is Persecution?
The term persecution is not easy to define. It must be determined based on the facts of each case. Persecution includes the infliction of harm or suffering by a government, or persons a government is unwilling or unable to control, to overcome a characteristic of the victim.

Serious violations of human rights will always be considered as persecution. For example, detention, torture, imprisonment, severe economic deprivation, or rape are actions that could qualify as persecution.

Is there a deadline to submit an application for asylum with INS?
Yes. An individual interested in filing an application for asylum must file his or her application within one year of arrival in the U.S. There are two exceptions to this requirement.

Can the individual obtain permanent residence once an asylum application has been approved?
Yes. An individual can submit his application for adjustment of status (Form I-485) after a year and one day from the date that his application for asylum has been approved by INS or the immigration court.

Can I still qualify for asylum even though I have never experienced past persecution?
Yes. An individual can still qualify for asylum based on a fear of future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.

Disclaimer:
The information contained herein is intended for general informational purposes only. It is not intended as legal advice. You must consult with an attorney to obtain specific, comprehensive legal advice. Also note that the INS fees are subject to change without notice. For current INS fee information contact the U.S. Immigration and Naturalization Service directly