Asylum is meant for those who are already within the U.S. or arriving at a port of entry. The key difference between asylum and refugee status is geography. If you’re asking for protection within U.S. borders, you need to apply for asylum rather than refugee status. 

Eligibility requirements for asylum include:

• Having a credible fear of persecution in your home country based on one of the five protected categories listed above (race, religion, nationality, social group, political opinion).

• Filing for asylum within one year of your arrival in the U.S. Exceptions to this rule are limited and include extraordinary circumstances, such as severe illness, or changes in your country of origin’s conditions.

Example of Asylum Eligibility: If you entered the U.S. fleeing civil unrest in your home country and believe returning would endanger your life, you could apply for asylum. 

While both claims require demonstrating fear of persecution, they function under separate procedures. Understanding these differences is vital when deciding which route aligns with your situation.

The Application Process for Asylum & Refugee Status Seekers 

While the goal for both asylum and refugee applicants is the same — protection in the U.S. — the steps to achieve this vary depending on your location and circumstances. Preparing to file takes time, patience, and detailed knowledge of U.S. immigration laws. Here’s an expanded explanation of the processes for each. 

What Is the Asylum Application Process in the U.S.? 

1. Submit Form I-589: Begin your asylum application by submitting Form I-589 to USCIS. This form requires you to detail the grounds of your claim, including evidence that supports your fear of persecution. 

2. Fingerprinting and Biometrics Appointment: Following submission, you’ll be scheduled to provide biometrics such as fingerprints. This helps U.S. authorities verify your identity and conduct security checks. 

3. Build Your Case While You Await the Interview: Collect evidence, gather eyewitness testimonies, and consult legal professionals to present a thorough, credible case. 

4. Attend an Asylum Interview: This is a critical part of the process where you will be asked about your application and personal experiences. Being prepared with legal representation during this stage boosts clarity and confidence. 

5. Receive a Decision: Decisions typically take several months, but applicants could face longer waits depending on the backlog. If your application is not approved, your case will be referred to Immigration Court for removal proceedings, where an immigration judge will review your application and evidence and decide on your eligibility for asylum.

What Is the Refugee Application Process in the U.S.? 

1. Partner with UNHCR or Relevant Entities: Refugees usually begin the process with the United Nations High Commissioner for Refugees (UNHCR), or a U.S. embassy. You’ll undergo preliminary interviews to verify eligibility. 

2. Undergo Background Checks and Vetting: Refugees are screened extensively through medical evaluations, fingerprinting, and interviews. This ensures that each applicant meets the government’s requirements for refugee status. 

3. U.S. Resettlement Process: After being approved, refugees are referred to the U.S. Refugee Admissions Program (USRAP), which coordinates travel and resettlement services upon arrival. 

4. Adjustment of Status: Refugees enter under temporary status but may apply for permanent residency within a year of their arrival in the U.S. 

Understanding what documents, evidence, and interviews to prepare for is critical in both processes. Our attorneys can guide you through these complex steps and help you prepare and stay confident every step of the way.

Common Setbacks Faced by Refugees & Asylum Seekers in the U.S. 

While the number of individuals seeking asylum and refugee status in the U.S. are increasing, so too are the challenges faced along the way. Complex laws, under-resourced systems, and shifting political climates often create additional hurdles for those already vulnerable. Below are common barriers faced by refugees and asylum status seekers. 

1. Missed Deadlines and Incorrect Paperwork 

One of the most frequent issues applicants face is missing important deadlines — such as the one-year filing rule for asylum applicants — or submitting incomplete forms. These errors can derail a strong case and may even lead to a denial.

2. Policy Restrictions 

Immigration laws and programs constantly evolve. Legal support is crucial in adapting to these changes and ensuring that asylum seekers can continue their pursuit of safety and stability in the United States.

3. Gathering Evidence 

Proving persecution often requires extensive documentation or personal testimony. Many asylum seekers lack access to clear evidence (e.g., medical reports, arrest warrants, written threats) because fleeing usually requires leaving belongings behind. Our immigration attorneys help with strategies for presenting credible testimony and securing evidence. 

4. Language Barriers 

The U.S. immigration system is complex, with interviews, forms, and proceedings conducted in English. Misunderstandings can result in misfiled cases or missteps during critical parts of the process. Having legal representation that is fluent in both English and Spanish ensures no part of your case gets lost in translation. 

5. Lack of Legal Representation 

Most asylum and refugee applicants who go through their cases without legal representation face higher rejection rates. Only 1 in 10 successfully apply for asylum on their own, while your chances of winning your case can increase by three times with legal representation. Facing these obstacles is stressful, but with the right preparation and support, they can often be overcome.