Many people have questions about claiming asylum in the United States. You may have read information that is not entirely accurate.
Most people must file within one year of their last U.S. arrival, though limited exceptions exist for changed or extraordinary circumstances. Knowing the facts about asylum can help you act correctly while you prepare your case.
Misconception 1: You must be outside the US to apply
Some people think you can only ask for asylum if you are outside the United States. This is not accurate. You can apply while in the U.S. or even if your visa has expired.
If you are not in removal proceedings, you file for affirmative asylum with the United States Citizenship and Immigration Services (USCIS). If you are in removal proceedings, a judge with the Executive Office for Immigration Review (EOIR) decides your defensive case. Knowing where to file helps you follow the correct steps.
Misconception 2: Asylum guarantees permanent residency
You might believe that asylum gives you a green card automatically. Approval grants asylee status and may allow you to petition certain family members. However, you must meet federal requirements and USCIS discretion applies when adjusting to permanent residency.
Asylum protects you from removal based on the persecution you feared. After one year, you can apply for permanent residency. Understanding each step reduces mistakes and delays.
Misconception 3: You cannot apply if you overstayed a visa
Many people worry that overstaying a visa prevents asylum. However, overstays do not automatically disqualify you. Some other bars may apply, such as certain criminal convictions or prior asylum denials.
To help your case, focus on evidence and preparation. You may want to:
- Show that you face persecution or a well-founded fear of persecution in your home country and that the government is involved or unable to protect you
- Provide proof of country conditions affecting your safety
- Submit your application as soon as possible, keeping in mind that the process differs if you are in removal proceedings
These strategies may strengthen your case even if you overstayed.
Protecting your future with accurate information
Knowing the facts about asylum is the first step to protecting yourself. Legal guidance may then help you work with federal rules. With this accurate information, you and your family can feel confident as you navigate the process of pursuing asylum in the United States.
