Department of Homeland Security, Asylum

Affirmative Process

Applicants fill out a USCIS application form, attach relevant supporting material/documents, and send it to the USCIS Service Center that has jurisdiction over their place of residence. Asylum applicants may also include applications for their spouse and/or children in their applications. Once the Service Center has received the forms, it will send the applicant a notice acknowledging receipt of the application. Applicants then go through a security check. After the applicant passes the background check, interviews are scheduled with an asylum officer. If an applicant is applying for others as well (e.g., his or her spouse and/or children), then the others must also attend the interview. In this interview, the applicant must prove that he or she meets the definition of refugee. To do so the applicant must prove that he or she was persecuted on account of race, religion, nationality, political opinion, or membership in a particular social group. After the asylum officer has a chance to review and discuss the interview with supervisory officers, the applicant returns to the asylum office to receive a decision. If asylum is approved, the applicant receives a final approval letter. If asylum is denied, the applicant will either be referred to an immigration court for removal or receive a notice of intent to deny asylum. The decision on whether to send an applicant to immigration court depends on what his or her immigration status is at the time asylum is denied.

Defensive Process

Immigration judges hear asylum applications in the context of “defensive” asylum proceedings where applicants request asylum as a defense against removal from the United States. Immigration judges hear such cases in courtroom-like proceedings. The immigration judge hears both the applicant's side and the government's side of the case, and then makes a determination of eligibility for asylum. If the applicant is not found eligible for asylum, the immigration judge determines whether the applicant is eligible for any other forms of relief from removal. If the immigration judge determines that there is no other relief available, the individual is ordered removed from the United States.

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