The right to asylum allows people to seek protection in other countries because they fear persecution. Some people have been harmed or feared to be harmed in their country of origin for their political beliefs, religion, sexual orientation, membership in certain social groups, and others reasons. A person is not eligible for asylum if the persecution they fear is due to a non-political crime or other behavior that does not fall within the scope of international refugee law (the principle of non-refoulement).
People can apply for asylum with either USCIS or with an immigration judge in removal proceedings. Most people file for asylum with a Form I-589, Application for Asylum and for Withholding of Removal. When they file the application, applicants must submit a full personal statement detailing their protected category and describing the past and present persecution they suffered or fear they will suffer in their country of origin. They must also provide background information, details about their family, and any other information relevant to their case.
During an interview, USCIS will consider whether you have a credible fear of persecution and can establish the facts that support your claim. The interview may last several hours and you must bring any documents that support your claims. You can also bring a witness or expert to help you.
The process of applying for asylum is long and complicated. Asylum seekers often have to wait years for their case to be decided. This impedes their ability to work and access services to recover from trauma or mental health conditions. It also makes it difficult to retain pro bono attorneys who can commit to representing them throughout the duration of their case.