Affirmative Asylum Roadmap
What to do: Submit Form I‑589 to USCIS within one year of your last arrival in the U.S., unless eligible for an exception. Include a detailed affidavit and supporting documentation — consistent with the standards outlined in Matter of Mogharrabi — such as identity documents, country reports, affidavits, articles, or medical records.
What might happen: USCIS will issue a receipt. Online filing is preferred. Incomplete or unsigned applications may be rejected. Proper filing initiates the asylum process.
What might happen: USCIS will issue a receipt. Online filing is preferred. Incomplete or unsigned applications may be rejected. Proper filing initiates the asylum process.
What to do: Attend your USCIS biometrics appointment as scheduled. Bring your appointment notice and valid photo ID.
What might happen: USCIS collects your fingerprints and photograph, which are checked by DHS and FBI. Missing the appointment can delay or hurt your case.
What might happen: USCIS collects your fingerprints and photograph, which are checked by DHS and FBI. Missing the appointment can delay or hurt your case.
What to do: Attend your interview with a USCIS asylum officer (not a judge). Be ready to explain how your fear of return is based on one or more protected grounds:
What might happen: The officer will assess your eligibility under INA §208. Interviews last 1–4 hours. You may be asked for additional evidence before a decision is made.
- Race
- Religion
- Nationality
- Membership in a particular social group (PSG)
- Political opinion
What might happen: The officer will assess your eligibility under INA §208. Interviews last 1–4 hours. You may be asked for additional evidence before a decision is made.
What to do: Wait for your decision by mail or in person. If you receive a Request for Evidence (RFE), respond promptly.
What might happen: USCIS may:
What might happen: USCIS may:
- Grant: You receive asylum status and can apply for benefits.
- Refer: If not in status, your case is sent to court.
- Deny: If you're in status, USCIS may deny without referral.
What to do: Begin preparing for immigration court hearings. You’ll receive a Notice to Appear (NTA). Secure legal help and organize evidence for your defense.
What might happen: The case enters formal removal proceedings under INA §240. A judge now decides the outcome of your asylum case.
What might happen: The case enters formal removal proceedings under INA §240. A judge now decides the outcome of your asylum case.
What to do: Attend all hearings. Present your case with updated documents, live testimony, and legal arguments. You may bring witnesses and a lawyer.
What might happen: The judge may:
What might happen: The judge may:
- Grant asylum: You gain full protection and a path to residency.
- Deny: You may be ordered removed. You have 30 days to appeal to the BIA.
What to do: If the judge denies your claim, file Form EOIR‑26 within 30 days. Provide legal briefing and any available supporting evidence.
What might happen: The BIA may:
What might happen: The BIA may:
- Dismiss: Judge’s decision stands.
- Remand: Case goes back for further review or correction.
- Reverse: The BIA grants your case outright.
Need a Free Attorney? (Pro Bono Help)
You have the right to seek free or low-cost legal help. Here are verified options:- EOIR's Pro Bono Provider List
- Immigration Legal Services Directory (ZIP search below)
- HIAS Pro Bono Program
- USA.gov: Find Free Legal Help
Defensive Asylum Roadmap
What to do: You receive an NTA (Notice to Appear), placing you in removal proceedings before the Immigration Court (EOIR).
What might happen: This starts your case. Do not miss your hearings — absence can result in a removal order.
What might happen: This starts your case. Do not miss your hearings — absence can result in a removal order.
What to do: Attend your first hearing. Ask for more time if needed to find an attorney. Confirm your address.
What might happen: The judge will schedule deadlines and explain your rights. The asylum “clock” may be started or stopped.
What might happen: The judge will schedule deadlines and explain your rights. The asylum “clock” may be started or stopped.
What to do: File Form I‑589 (Asylum) with the court and DHS. This must usually be filed within one year of arriving in the U.S.
What might happen: The asylum clock resumes. If accepted, you may apply for a work permit after 150 days.
What might happen: The asylum clock resumes. If accepted, you may apply for a work permit after 150 days.
What to do: Attend your final hearing. Bring evidence, witnesses, and legal arguments. A lawyer is highly recommended.
What might happen: The judge may grant or deny your asylum or another form of relief. You will get a decision.
What might happen: The judge may grant or deny your asylum or another form of relief. You will get a decision.
What to do: File EOIR-26 within 30 days if you want to appeal a denial to the Board of Immigration Appeals (BIA).
What might happen: The BIA may dismiss, remand, or reverse the decision. A further appeal to federal court is possible.
What might happen: The BIA may dismiss, remand, or reverse the decision. A further appeal to federal court is possible.
What to do: If you fear torture in your home country, request CAT protection. Submit evidence showing it is more likely than not that you’ll be tortured by, or with consent of, officials.
What might happen: If granted:
What might happen: If granted:
- Withholding of removal under CAT: You remain in the U.S. and cannot be removed to that country.
- Deferral of removal: Temporary protection for individuals barred from other forms of relief (e.g. criminal convictions).
What to do: If all appeals are denied, a final removal order may be issued. Speak to a lawyer immediately. Never ignore removal orders — especially if you missed court.
What might happen: You may:
What might happen: You may:
- Be deported by ICE
- Request a stay of removal or file a motion to reopen
- Qualify for voluntary departure (avoids a formal deportation)
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