asylum application cover letter sample

Written Samples

15 sample cover letters for asylum application.

Fleeing persecution, war, or violence in one’s home country is a harrowing experience that no one should have to endure.

For those seeking asylum in a foreign land, the application process can be a lifeline to safety and a brighter future.

A well-crafted cover letter is a crucial component of any asylum application, as it provides an opportunity to tell your story and make a compelling case for why you deserve protection.

Sample Cover Letters for Asylum Application

In this article, we will explore fifteen sample cover letters that showcase the diverse experiences and circumstances of asylum seekers from around the world.

These examples will serve as a valuable resource for those embarking on their own asylum journey, offering guidance and inspiration as they navigate this challenging process.

Cover Letter One

Subject: Asylum Application – Political Persecution in Venezuela

Dear Asylum Officer,

I am writing to formally request asylum in the United States due to the political persecution I have faced in my home country of Venezuela. As a vocal critic of the current government and an active participant in peaceful protests, I have been targeted by the authorities and subjected to threats, intimidation, and physical violence.

In the past year, I have been arrested and detained on multiple occasions for exercising my right to free speech and assembly. During these detentions, I have been interrogated, beaten, and denied access to legal representation. The government has also launched a smear campaign against me, labeling me a traitor and a threat to national security.

Fearing for my life and the safety of my family, I made the difficult decision to flee Venezuela and seek protection in the United States. I believe that if I were to return, I would face further persecution, imprisonment, and possibly even death at the hands of the government.

I implore you to grant me asylum and the opportunity to rebuild my life in a country where my fundamental rights will be respected and protected. Thank you for your consideration of my application.

[Your Name]

Cover Letter Two

Subject: Asylum Application – Religious Persecution in Pakistan

I am a Christian woman from Pakistan, and I am seeking asylum in the United States due to the severe religious persecution I have experienced in my home country. As a member of a minority faith, I have faced discrimination, harassment, and violence at the hands of both state and non-state actors.

In recent years, the persecution against Christians in Pakistan has escalated, with an increase in forced conversions, blasphemy accusations, and targeted attacks on churches and individuals. I have personally been threatened with death by local extremist groups for refusing to convert to Islam and have been forced to flee my home and go into hiding.

Despite the grave risks I face, the Pakistani government has failed to protect me and other members of my faith. In fact, the authorities have often been complicit in the persecution, turning a blind eye to the abuses and even participating in them.

I am seeking asylum in the United States because I know that here, I will be able to practice my religion freely and without fear. I hope that you will grant me the protection I so desperately need and allow me to start a new life in a country where I can live in peace and dignity.

Cover Letter Three

Subject: Asylum Application – Gender-Based Violence in El Salvador

I am a survivor of gender-based violence from El Salvador, and I am writing to request asylum in the United States. For years, I have been subjected to severe physical, sexual, and emotional abuse at the hands of my partner, who is a member of a powerful gang in my country.

Despite my repeated attempts to seek help from the authorities, I have been met with indifference and even victim-blaming. The police have refused to investigate my case or provide me with any protection, telling me that domestic violence is a private matter and that I should try to work things out with my abuser.

Fearing for my life and the lives of my children, I made the difficult decision to escape El Salvador and seek safety in the United States. I know that if I were to return, my abuser would find me and likely kill me for having the audacity to leave him.

I am asking for your compassion and understanding in granting me asylum. I want nothing more than to live a life free from violence and abuse, and I believe that the United States is the only place where I can find the protection and support I need to heal and rebuild my life.

Cover Letter Four

Subject: Asylum Application – Political Persecution in Eritrea

I am an Eritrean journalist seeking asylum in the United States due to the political persecution I have faced in my home country. As a reporter for an independent news outlet, I have been targeted by the government for my critical coverage of human rights abuses and political repression in Eritrea.

In the past year, I have been arrested and detained multiple times for my work, subjected to brutal interrogations and torture by the authorities. The government has also shut down my news outlet and banned me from practicing journalism, effectively stripping me of my livelihood.

Eritrea is one of the most repressive countries in the world, with no freedom of the press, no political opposition, and no independent civil society. Journalists like myself who dare to speak out against the government face severe consequences, including indefinite detention, forced labor, and even extrajudicial killings.

I am seeking asylum in the United States because I know that here, I will be able to continue my work as a journalist without fear of persecution. I hope that you will grant me the protection I need to carry on my mission of exposing the truth and holding those in power accountable.

Cover Letter Five

Subject: Asylum Application – Sexual Orientation Persecution in Uganda

I am a gay man from Uganda, and I am writing to request asylum in the United States due to the persecution I have faced on the basis of my sexual orientation. In my country, homosexuality is criminalized, and LGBTQ+ individuals face severe discrimination, violence, and even the threat of imprisonment or death.

I have personally experienced this persecution firsthand. When my family discovered my sexual orientation, they disowned me and forced me out of our home. I have been subjected to physical attacks and death threats from members of my community, and I have been unable to find employment or housing due to discrimination.

The Ugandan government not only fails to protect LGBTQ+ individuals but actively participates in their persecution. Politicians and religious leaders regularly incite violence against our community, and the police often arrest and detain individuals suspected of being gay.

I am seeking asylum in the United States because I know that here, I will be able to live openly and authentically without fear of persecution or violence. I hope that you will grant me the protection I need to build a life free from discrimination and abuse.

Cover Letter Six

Subject: Asylum Application – Political Persecution in China

I am a political activist from China, and I am writing to request asylum in the United States due to the persecution I have faced for my pro-democracy activism. As a vocal critic of the Chinese Communist Party and an organizer of peaceful protests, I have been targeted by the authorities and subjected to surveillance, harassment, and arbitrary detention.

In the past year, I have been arrested multiple times for my political activities and held in secret detention facilities, where I have been interrogated, beaten, and deprived of sleep and food. The government has also pressured my employer to fire me and has threatened my family with retaliation if I do not cease my activism.

China is a one-party state with no tolerance for political dissent. Activists like myself who advocate for democracy, human rights, and the rule of law face severe consequences, including long prison sentences, torture, and even forced disappearance.

I am seeking asylum in the United States because I know that here, I will be able to continue my fight for freedom and justice without fear of persecution. I hope that you will grant me the protection I need to carry on my mission of building a more democratic and equitable China.

Cover Letter Seven

Subject: Asylum Application – Religious Persecution in Iran

I am a member of the Baha’i faith from Iran, and I am writing to request asylum in the United States due to the severe religious persecution I have faced in my home country. As a minority religion, the Baha’i community in Iran has long been subjected to discrimination, harassment, and violence at the hands of the government and society at large.

I have personally experienced this persecution in the form of being denied access to higher education, being fired from my job, and being subjected to arbitrary arrest and detention. The government has also confiscated my family’s property and has threatened us with further retaliation if we do not renounce our faith.

The persecution of the Baha’i community in Iran is systematic and state-sponsored. The government regards the Baha’i faith as a heretical sect and has taken steps to eradicate it, including banning Baha’i organizations, destroying Baha’i holy sites, and imprisoning Baha’i leaders.

I am seeking asylum in the United States because I know that here, I will be able to practice my faith freely and without fear of persecution. I hope that you will grant me the protection I need to live a life of dignity and peace.

Cover Letter Eight

Subject: Asylum Application – Gang Violence in Honduras

I am a young woman from Honduras, and I am writing to request asylum in the United States due to the severe gang violence I have faced in my home country. As a resident of a neighborhood controlled by a powerful gang, I have been subjected to extortion, threats, and physical violence for refusing to comply with their demands.

The gang has repeatedly threatened to kill me and my family if we do not pay them “protection” money, and they have made good on these threats by attacking my brother and burning down my family’s business. The police are either unwilling or unable to protect us, and in some cases, they are even complicit in the gang’s activities.

Honduras has one of the highest rates of gang violence in the world, with gangs controlling entire neighborhoods and even infiltrating the government. For people like me who live in gang-controlled areas, there is no escape from the constant threat of violence and extortion.

I am seeking asylum in the United States because I know that here, I will be able to live free from the constant fear of gang violence. I hope that you will grant me the protection I need to build a safe and stable life for myself and my family.

Cover Letter Nine

Subject: Asylum Application – Political Persecution in Russia

I am a Russian opposition activist, and I am writing to request asylum in the United States due to the political persecution I have faced for my criticism of the Putin regime. As a vocal advocate for democracy and human rights, I have been targeted by the authorities and subjected to surveillance, harassment, and arbitrary detention.

In the past year, I have been arrested multiple times for participating in peaceful protests and have been subjected to brutal beatings and torture while in police custody. The government has also launched a smear campaign against me, labeling me a foreign agent and a traitor to Russia.

Under Vladimir Putin’s authoritarian rule, political opposition and dissent are not tolerated. Critics of the regime face severe consequences, including long prison sentences, forced psychiatric treatment, and even assassination.

I am seeking asylum in the United States because I know that here, I will be able to continue my fight for a free and democratic Russia without fear of persecution. I hope that you will grant me the protection I need to carry on my mission of exposing the abuses of the Putin regime and advocating for the rights of the Russian people.

Cover Letter Ten

Subject: Asylum Application – Ethnic Persecution in Myanmar

I am a member of the Rohingya ethnic minority from Myanmar, and I am writing to request asylum in the United States due to the severe persecution and violence I have faced in my home country. As a Rohingya, I have been subjected to discrimination, segregation, and even genocide at the hands of the Myanmar military and government.

In August 2017, the Myanmar military launched a brutal crackdown on the Rohingya community, killing thousands and forcing more than 700,000 to flee to neighboring Bangladesh. During this campaign of violence, my village was attacked, and many of my friends and family members were killed or disappeared.

I was able to escape to Bangladesh, but the conditions in the refugee camps are dire, with limited access to food, water, and medical care. The Myanmar government has also made it clear that Rohingya refugees are not welcome to return, and those who have attempted to do so have faced further violence and persecution.

I am seeking asylum in the United States because I know that here, I will be able to live free from the threat of genocide and ethnic cleansing. I hope that you will grant me the protection I need to rebuild my life and advocate for justice for my community.

Cover Letter Eleven

Subject: Asylum Application – Domestic Violence in Guatemala

I am a survivor of severe domestic violence from Guatemala, and I am writing to request asylum in the United States. For years, I suffered physical, sexual, and emotional abuse at the hands of my husband, who is a prominent member of our community with close ties to the police and local government officials.

Despite my repeated attempts to seek help from the authorities, I was met with indifference and even victim-blaming. The police refused to investigate my case, telling me that domestic violence is a private matter and that I should try to reconcile with my abuser.

When I finally found the courage to leave my husband, he and his family members began stalking and threatening me, vowing to kill me for bringing shame upon their family. I know that if I were to return to Guatemala, my life would be in grave danger.

I am seeking asylum in the United States because I know that here, I will be able to live free from the constant threat of violence and abuse. I hope that you will grant me the protection I need to heal from my trauma and build a new life for myself and my children.

Cover Letter Twelve

Subject: Asylum Application – LGBTQ+ Persecution in Egypt

I am a transgender woman from Egypt, and I am writing to request asylum in the United States due to the severe persecution and violence I have faced on the basis of my gender identity. In my country, LGBTQ+ individuals face widespread discrimination, harassment, and even the threat of imprisonment under laws that criminalize homosexuality and “debauchery.”

As a transgender woman, I have been subjected to brutal physical attacks, sexual violence, and death threats from both strangers and family members who view my identity as a disgrace to our culture and religion. I have also been denied access to education, employment, and healthcare due to discrimination.

The Egyptian government not only fails to protect LGBTQ+ individuals but actively participates in their persecution, with police often arresting and torturing those suspected of being gay or transgender. I know that if I were to return to Egypt, I would face severe violence and the risk of imprisonment or even death.

I am seeking asylum in the United States because I know that here, I will be able to live openly and authentically as my true self without fear of persecution. I hope that you will grant me the protection I need to build a life free from violence and discrimination.

Cover Letter Thirteen

Subject: Asylum Application – Political Persecution in Nicaragua

I am a student activist from Nicaragua, and I am writing to request asylum in the United States due to the political persecution I have faced for my opposition to the Ortega regime. As a leader of the student movement that began in April 2018, I have been targeted by the authorities and subjected to surveillance, threats, and even torture.

During the government’s brutal crackdown on protesters, I was arrested and detained for several weeks, during which time I was subjected to beatings, waterboarding, and other forms of torture. The government has also expelled me from my university and has threatened to arrest me again if I continue my activism.

Under the authoritarian rule of President Daniel Ortega, political dissent is not tolerated in Nicaragua. Opposition activists, journalists, and human rights defenders face severe consequences for speaking out against the regime, including arbitrary detention, torture, and even extrajudicial killings.

I am seeking asylum in the United States because I know that here, I will be able to continue my fight for democracy and human rights in Nicaragua without fear of persecution. I hope that you will grant me the protection I need to carry on my mission of building a more just and equitable future for my country.

Cover Letter Fourteen

Subject: Asylum Application – Female Genital Mutilation in Somalia

I am a young woman from Somalia, and I am writing to request asylum in the United States due to the threat of female genital mutilation (FGM) that I face in my home country. In Somalia, FGM is a widely practiced cultural tradition, with an estimated 98% of women and girls having undergone the procedure.

As a young girl, I narrowly escaped being subjected to FGM when my family fled Somalia due to the ongoing civil war. However, now that I am of marriageable age, my father is pressuring me to return to Somalia and undergo the procedure as a prerequisite for marriage.

I cannot in good conscience submit to this practice, which I know to be a grave violation of my bodily autonomy and human rights. FGM can lead to severe health complications, including chronic pain, infections, and even death, and it is a form of gender-based violence that seeks to control and suppress women’s sexuality.

The Somali government has failed to take adequate steps to protect girls and women from FGM, with the practice remaining widely accepted and even encouraged by religious and cultural leaders. I know that if I were to return to Somalia, I would be at high risk of being forced to undergo FGM against my will.

I am seeking asylum in the United States because I know that here, I will be able to live free from the threat of FGM and other forms of gender-based violence. I hope that you will grant me the protection I need to build a life where my body and my choices are respected and valued.

Cover Letter Fifteen

Subject: Asylum Application – Environmental Activism in Brazil

I am an environmental activist from Brazil, and I am writing to request asylum in the United States due to the threats and violence I have faced for my work defending the Amazon rainforest and the rights of indigenous communities. As a vocal critic of the Brazilian government’s policies of deforestation and land grabbing, I have been targeted by powerful business interests and corrupt politicians who seek to silence me.

In the past year, I have received numerous death threats, and my home has been vandalized and broken into multiple times. I have also been physically assaulted by armed men who warned me to stop my activism or face the consequences.

Under the administration of President Jair Bolsonaro, environmental activists and indigenous leaders in Brazil face severe risks for their work, with many being killed, disappeared, or forced to flee their homes. The government has actively rolled back protections for the Amazon and has encouraged the expansion of mining, logging, and agribusiness in the region, often at the expense of indigenous rights and environmental sustainability.

I am seeking asylum in the United States because I know that here, I will be able to continue my fight for the Amazon and for the rights of indigenous peoples without fear of violence or retaliation. I hope that you will grant me the protection I need to carry on my mission of building a more just and sustainable future for Brazil and the world.

These fifteen sample cover letters for asylum applications demonstrate the wide range of circumstances and experiences that can lead individuals to seek protection in the United States.

From political persecution and ethnic violence to gender-based discrimination and environmental activism, these stories highlight the urgent need for a fair and humane asylum system that provides safety and refuge to those fleeing harm in their home countries.

While each asylum seeker’s story is unique, they all share a common thread of courage, resilience, and hope in the face of unimaginable adversity.

By granting asylum to those who need it most, the United States can live up to its highest ideals as a beacon of freedom and a champion of human rights around the world.

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Asylum (Affirmative) Cover Letter for Filing I-589 with USCIS

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How To Write a USCIS Cover Letter

Preparing an immigration application for U.S. Citizenship and Immigration Services (USCIS) requires filling out complex paperwork and gathering supporting documents. Using a cover letter is a great way to keep your application materials organized and make sure you don’t miss any required documents. It’s also a good opportunity to highlight anything you want USCIS to know about your application. This article explains what a cover letter is and the elements it should include. It also includes a template you can use to write your own.

Written by Jonathan Petts .  Updated May 4, 2023

What Is a USCIS Cover Letter?

A cover letter is a document that helps USCIS officers navigate your application materials. You can place a cover letter at the top of your citizenship , permanent resident , DACA , or visa application package. By outlining your reasons for applying and the contents of your application in a cover letter, you give your USCIS officer a useful overview of your case. You can also use your cover letter as a personal checklist to make sure you’ve included all necessary documents in your package.

You may also use a cover letter to explain any special circumstances you want the USCIS officer to be aware of before they start reviewing your application. If you have a unique or complicated background, it is especially helpful to supplement your application with a cover letter. It will ensure that USCIS becomes aware of any special circumstances and can consider your application with this in mind.

Is a Cover Letter Required for My USCIS Application?

USCIS does not require you to submit a cover letter for any immigration benefit or visa application. Many immigration attorneys include cover letters for their clients to prevent any misunderstandings or missing paperwork. Immigration officers read through a lot of paperwork, so any guidance or organization you can offer them will be helpful. 

Cover letters may be especially helpful when you are in a unique situation. Suppose you are applying for a marriage green card with Form I-130 : Petition for Alien Relative, and you and your spouse have lived apart for some time. You and your U.S. citizen or green card holder spouse can use a cover letter to explain this or any other unusual circumstances behind your marriage. 

USCIS will want to know the reasons behind an unusual living or marriage situation when evaluating your adjustment of status application. A cover letter can help you address any major concerns at the beginning of the process.

What Should My USCIS Cover Letter Include?

When submitting a cover letter with your application, be sure to include the following:

The USCIS filing location or lockbox address to which you’re sending your application

The date of filing

An appropriate subject (re:) line

A short introductory paragraph to describe the contents of your letter and package

If applying for a marriage-related benefit, information about the marriage date and location for yourself (the beneficiary) and your spouse (the petitioner)

An ordered list of the content in your application package, including all supporting documents and filing or biometrics fees included

A closing paragraph including your contact information

Your signature and full printed name

Your supporting documents for an application will depend on which forms you’re filing. You can determine which documents are necessary by reviewing USCIS’ webpage for your specific form. For example, USCIS lists the required supporting evidence on its webpage for Form N-400 applicants.

You’ll also need to identify the right mailing address for your application. To do so, you should consult the USCIS website. For example, naturalization applicants can review USCIS’s webpage for Form N-400 direct filing addresses .

Your filing fees will depend on your specific application type. You can use the USCIS Fee Calculator to determine your costs. For example, suppose you are filing for naturalization with Form N-400. You should select Form N-400 on the Fee Calculator and enter your age. USCIS may ask for additional information, such as your specific application category.

USCIS Cover Letter Template

You may use the sample cover letter below as guidance when writing your cover letter. This specific cover letter sample is for a naturalization application, intended for submission alongside Form N-400. Be sure to personalize this template to reflect your application type and circumstances. If you’d like to use the following template, you may also make a copy of this document to start writing.

[Petitioner’s Street Address]

[Petitioner’s City, State  ZIP code]

[Relevant USCIS mailing address]

RE: [Naturalization Application]

Beneficiary: [Immigrant’s Full Legal Name]

To Whom It May Concern:

Enclosed, please find the Naturalization Application for [Immigrant’s Full Legal Name].

The following documents accompany and support this application:

Filing Fee Payments

[Check or Money Order] in the amount of [Current Fee Amount] for Form N-400

Form G-1450 authorizing payment of the filing fee for Form N-400 (credit card charge authorization if you completed one)

[Form G-1145 (e-notice authorization if you requested them in our system)]

[OPTIONAL Beneficiary’s Form I-912 Fee Waiver Application]

[List of supporting documents]

Beneficiary’s Form N-400 Application for Naturalization

If you have any questions or concerns, please call me at [Phone Number]. Thank you very much for your prompt consideration of my Naturalization Application.

[Immigrant’s Full Name]

[Immigrant’s Signature]

[Signature Date]

Tips for Writing Your USCIS Cover Letter

When writing a USCIS cover letter, be sure to type your letter in English on a computer. Keep your letter concise and only include necessary information. A long cover letter will not be as helpful to a USCIS officer as a brief letter. If possible, keep your letter to one page. Be sure to proofread your letter before submitting your application package.

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How to Write an Asylum Declaration to Go With Your I-589 Application

A step-by-step overview of writing an asylum declaration, or a written statement explaining why you are applying for asylum and meet the eligibility requirements..

When you apply for asylum in the United States, you must also submit not only an application form ( I-589 ), but an asylum declaration (also sometimes referred to as a "statement"). The reason is to explain why you fear persecution if you are returned to your country of citizenship. The idea is to give the U.S. asylum officer or immigration judge who reviews your case a clear picture of your story and why you should be granted this form of humanitarian protection. It is one of the most important pieces of evidence in an asylum case.

Let's look at some of the basic information your asylum declaration should include and the questions it should answer for the person reading it.

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Because every asylum case is unique, every asylum declaration is going to be different. The last thing you should do is to take a declaration written by someone else and simply insert your name plus a few personal facts. When writing your declaration, remember that the reader does not know anything about you or your past. You want it to be as detailed and specific as possible, with names, dates, and locations, not to mention true. Any suspicion that you made up information will lead not only to your case being denied, but to a bar on you being granted any U.S. immigration benefit.

Your asylum declaration must be written in English. If you are more comfortable writing in another language, you can write the declaration in your preferred language then have it translated into English. This will ensure that your statement is written clearly and completely.

When submitting your Form I-589, you should also submit the English version of your declaration, the version written in your preferred language, and a signed statement from the translator that they translated the document fully and is competent in both languages.

While there is no required format for an asylum declaration, it is best to type yours, provide headings for different sections, and write about events in the order that they happened. Typing the declaration makes it easier to read, while headings provide a "map" to help the reader understand your story. Common headings include:

• Past Persecution
• Well-Founded Fear of Future Persecution
• Lack of Government Protection
• Conclusion.

Depending on your situation, you might need to include additional sections, such as sections explaining changed or extraordinary circumstances for missing the one-year asylum filing deadline or any criminal history. Let's go over what each of the sections listed above might include.

Writing About Your Background

Each asylum declaration should start with the applicant's basic information, including name, date of birth, and country of origin.

You'll also need to explain the "ground" on which your asylum application is based. The "grounds" are your race, religion, nationality, political opinion, and membership in a particular social group. Unless you can show that the persecution was because you match one of these grounds , you won't be granted asylum.

If you are applying based on your race or nationality (including ethnic group ), write what your race or nationality is.

If you are applying based on your religion, write about what your religion is, how long you have been practicing it, and any religious rituals or traditions you take part in.

If you are applying based on your political opinion, explain what that political opinion is , how long you have held it, and what sort of political activities you are involved in. Even an opinion that others believe you held, called " imputed political opinion ," can count for this purpose.

If you are applying based on your membership in a particular social group, explain what the group is , why you are a part of it, and how society in your country of origin views that group.

Writing About Past Persecution

If you suffered persecution in your home country in the past, you should write about each incident. These might include, for example, threats, beatings, unlawful arrests, kidnappings, or property damage. You might also want to include incidents that happened to your family, colleagues, or other people like you. Even if an incident does not necessarily rise to the level of persecution, it is important to discuss that incident if it is related to your case and helps fill in a picture of what happened and explain why you were fearful enough to flee.

Again, try to write about events in the order they occurred. If you can remember the date, provide it. If you cannot, try to provide a time frame, such as "in the spring of 2020" or "in approximately June of 2022." Try to answer the following questions:

• When did the incident happen?
• Where did the incident happen?
• What events led up to the incident?
• Was anyone else present? If so, what is there name and relation to you?
• Who persecuted you?
• Did you report the incident to government authorities? If yes, how did they respond? If no, why didn't you report it?
• Why do you think this happened to you?
• Why didn't the government protect you?

Writing About Your Well-Founded Fear of Future Persecution

Whether you have suffered past persecution or your application is based solely on a well-founded fear of future persecution , you should discuss why you fear persecution in the future. This could include writing about other people like you who have been persecuted or ongoing threats being made against you or people like you in your country of origin.

Writing About the Risks of Relocating Within Your Country

This section should explain why you are not able to safely move to another part of your country of origin. This might include explaining that your persecutor has connections throughout the country and would be able to locate you wherever you go.

Writing About Lack of Government Protection

Explain in this section why you believe the government of your country cannot or will not protect you from persecution. This might include discussing the government failure to respond to incidents of persecution in the past (even if such incidents came from non-government actors, such as civil patrol or vigilante groups), the government's own persecution of people like you, or corruption within the government or law enforcement authorities.

Writing a Conclusion to Your Asylum Declaration

The end of your declaration should summarize why you should be granted asylum. Think about the following questions, and try to answer them in one or two sentences:

• Why do you fear persecution (your race, religion, nationality, political opinion, or membership in a particular social group)?
• Who do you fear will persecute you?
• What will happen to you if you are returned to your country of origin?
• Why is there nowhere in your country of origin that is safe for you to live in?
• Why won't the government of your country protect you?

After you have written your asylum declaration, read through it again to make sure it is complete and clear. If you are comfortable having another person read it, ask that person whether it makes sense and doesn't leave any unanswered issues or cause confusion.

Once you have completed the declaration, sign it in the presence of a notary public.

If you are unsure about what to write in your asylum declaration, or about other issues like your basic eligibility for asylum, an experienced immigration attorney can help you. Also see How to Get a Lawyer to Represent You Pro Bono (Free) in Immigration Court Removal Proceedings .

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Schedule a consultation, sample letter seeking asylum in the u.s.a..

By Brian in Asylum | on 2023-10-15 21:42:47

Your letter seeking asylum that you submit to immigration officials is a critical document. You should always seek assistance from an immigration attorney when drafting this letter. Below is an example of what a letter might look like regarding specific circumstances. 

U.S. Department of Homeland Security Citizenship and Immigration Services [LOCATION] Asylum Office [ADDRESS LINE 1]x [ADDRESS LINE 2]x

Re: Joao Doe (DOB XX/XX/XXXX)

A-Number XXX-XXX-XXX

Dear Sirs/Madams:

My name is [FULL NAME]. I was born in [COUNTRY] on [DATE]. I submit this letter in support of my application for asylum based on credible fear of persecution.

I fled my country because dangerous drug traffickers threatened to kill me because I witnessed a murder and reported it to the police. These threats continued even after I fled the country. These are not just empty threats because these same drug traffickers routinely kill witnesses or anyone who tries to collaborate with the government prosecution in any criminal cases involving one of them.

I was born and raised in a small town called [TOWN] in [COUNTRY]. I am one of two children born to my parents [NAMES). My father left us when we were both very young, so our mother raised us. My brother still lives with my mother in our small town, and both have been threatened and continue to be threatened by the same drug traffickers because of what I did. 

The events leading to my fleeing my country started when I was working at a bar. During one of my routine work nights, there was an argument between a group of men and one of them shot and killed one of the men fighting. I witnessed the shooting and clearly saw who had the gun and pulled the trigger.

Everyone in town knew these men who were fighting were drug traffickers. These drug traffickers move in groups and drive expensive cars with clearly visible weapons. They move around freely because they are not afraid of being arrested because the police are in their pockets. 

After witnessing the murder, I took off and went home because I did not want to be there when the police came. That night, I told my mother and brother what happened, and we all agreed that I should not tell the police anything.

The police in our small town and everywhere in the country are corrupt and paid off by these very gang members and drug traffickers the police are supposed to arrest and have prosecuted. As the attached report shows, the government of [COUNTRY] is completely incapable of dealing with these drug traffickers and murderous gang members who commit crimes with impunity. 

The day after the murder took place at the bar where I worked, I received a visit from a police detective who started asking me questions about the night of the murder. Although I initially did not want to tell the police what I saw, I couldn’t help but tell the detective the whole truth, including telling him the name of the person who I saw pulling a gun and shooting the victim.

It was a nightmare after that because I started receiving death threats from the drug traffickers who told me they knew what I told the police. Fearing for my life, my mother and I came up with a plan to flee to the U.S. with the help of my uncle who migrated to the U.S. before I was born and is now a U.S. citizen.

I am afraid if I am forced to return to my country, this man [MAN’S NAME], who I identified as the murderer and his fellow drug traffickers will easily find me and kill me just as they have killed other potential witnesses in the past. 

Seek Help from Austin Immigration Attorneys

This is, of course, only an example of a letter someone might write. You want the guidance of an experienced immigration lawyer when submitting your letter seeking asylum. Never hesitate to contact J. Sparks Law, PLLC , for help.

Julie Sparks

Julie Sparks is Board Certified by the Texas Board of Legal Specialization in Immigration and Nationality Law, one of a few such attorneys in Texas. After 15 years of practice in this field, she has represented immigrants from more than 70 different countries.

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Sample I-589 Asylum Application

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A sample completed I-589 (for a fictional client) with detailed annotations that guide you through best practices in filling out the form.

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I-589, Application for Asylum and for Withholding of Removal

ALERT : Applying for Asylum with USCIS for Ms. L. Settlement Class Members

On Dec. 11, 2023, the U.S. District Court for the Southern District of California approved a class action settlement agreement in Ms. L. v. ICE , 18-cv-00428 (S.D. Cal.) (“Settlement Agreement”). This lawsuit relates to families who were apprehended together by the U.S. government at the U.S.-Mexico border between Jan. 20, 2017 and Jan. 20, 2021, but were then separated and kept apart. The Settlement Agreement provides benefits for Ms. L.  Settlement Class members applying for asylum. For more information, please visit our   Applying for Asylum with USCIS for Ms. L. Settlement Class Members page.

ALERT:  Important Information About Where to File Form I-589

Effective May 9, 2024, we will reject affirmative asylum applications improperly filed at service centers instead of at the lockbox with jurisdiction over your place of residence. We  announced this change in filing location on May 31, 2023, and finalized the associated Form I-589 revision in the Federal Register, 88 FR 60703 (Sept. 5, 2023).  We expect this change to help streamline asylum processing and improve adjudication efficiency by digitizing paper filings.

Certain categories of affirmative asylum applicants must continue to mail their applications directly to the Asylum Vetting Center. Unaccompanied children (UCs) in immigration court proceedings must mail their applications to the lockbox. Online filing is also available to affirmative asylum applicants who are not in immigration court proceedings and who do not have to submit their application to the Asylum Vetting Center. See the “Where to File” and “Special instructions” sections below for more information and to learn where to file your application. You can also use our  Filing Instructions Tool  to determine where to file your Form I-589.

ALERT: Filing Tips for Affirmative Asylum Applications

USCIS is seeing an increase in the submission of paper-filed affirmative asylum applications that we must reject because they are incomplete or improperly filed. To avoid rejections and processing delays when filing Form I-589 with USCIS, it is important to properly submit a complete and signed application to the correct location.

• Carefully review the Form I-589 Instructions and ‘Form Filing Tips’ section below to ensure your asylum application is complete and on the correct 03/01/2023 edition of the form.
• File your Form I-589 in the correct location. See the ‘Where to File’ section below for more information. You can also use our Filing Instructions Tool to determine where to file your Form I-589.

ALERT:  Expeditious Asylum Adjudication for Certain Afghans

On Sept. 30, 2021, the president signed the  Extending Government Funding and Delivering Emergency Assistance Act . At the direction of Congress, citizens and nationals of Afghanistan or persons with no nationality who last habitually resided in Afghanistan, and who meet eligibility criteria, are entitled to certain benefits, including rapid adjudication of asylum applications.

Please follow the specific instructions on our Information for Afghans page.

Use this form to apply for asylum in the United States and for withholding of removal (formerly called “withholding of deportation”). You may file for asylum if you are physically present in the United States and you are not a U.S. citizen.

Obtain asylum in the United States by:

• Filing for affirmative asylum if you are not in proceedings before the Executive Office for Immigration Review (EOIR); or
• Filing for asylum defensively if you are in proceedings in front of an immigration judge or the Board of Immigration Appeals (BIA) at EOIR. See “Where to File” section below for information about how to determine if you are in proceedings before EOIR.

If you fail to file Form I-589 within 1 year of your arrival in the United States, you may not be eligible to apply for asylum under section 208(a)(2)(B) of the Immigration and Nationality Act (INA).

May I file my Form I-589 with USCIS?

Filing Instructions Tool

The Filing Instructions Tool provides information about where to file Form I-589 based on the information that you provide. The tool does not determine whether you are eligible for asylum.

For more information on whether you may file Form I-589 with USCIS, review the “Where to File” section below.

If you are eligible to file Form I-589 with USCIS, review the “Where to File” and “Special Instructions” sections below to learn whether you may file your Form I-589 online, or if you must file by mail.

Form Details

Form I-589 (PDF, 391.82 KB)

Instructions for Form I-589 (PDF, 143.49 KB)

03/01/23 . You can find the edition date at the bottom of the page on the form and instructions.

Dates are listed in mm/dd/yy format.

If you complete and print this form to mail it, make sure that the form edition date and page numbers are visible at the bottom of all pages and that all pages are from the same form edition. If any of the form’s pages are missing or are from a different form edition, we may reject your form.

If you need help downloading and printing forms, read our instructions . 

Who May File with USCIS

You may file your affirmative Form I-589 with USCIS if you are not a U.S. citizen, are physically present in the United States, and:

• You have never been issued an A-Number; or
• You have been issued an A-Number, but you are not currently in Executive Office for Immigration Review (EOIR) proceedings (see below for more information about how to check whether you are in EOIR proceedings); or
• You are in removal proceedings and are currently, or were previously determined to be, an "unaccompanied alien child" (UAC).

You may not file your Form I-589 with USCIS if you are currently in proceedings with EOIR, unless you are currently, or were previously determined to be, a UAC as defined in 6 U.S.C. § 279(g)(2). You must file your Form I-589 with EOIR if you are in proceedings before an immigration judge or before the Board of Immigration Appeals and you are not and were never determined to be a UAC.

These steps will help you determine whether you are in EOIR proceedings:

• Have you been issued an "Alien Number" (A-Number)? The A-Number begins with the letter “A” and is followed by 8 or 9 digits (for example, A123456789). This number is printed on Department of Homeland Security (DHS) and EOIR correspondence and documents, including USCIS, U.S. Customs and Border Protection (CBP), and U.S. Immigration and Customs Enforcement (ICE) documents.
• Calling the EOIR Automated Case Information Hotline toll-free in the United States at 800-898-7180 (TDD 800-828-1120) or 304-625-2050 (local toll call); or
• Checking the  EOIR Automated Case Information  online system.
• Use the EOIR hotline or online system to locate an address for the immigration court where you must file your Form I-589; or
• Find immigration court information on the  Department of Justice’s  website.
• If you are currently in EOIR proceedings and you were asked to provide your biometric and biographical information to USCIS for your Form I-589 filed with EOIR, please refer to the  Instructions for Submitting Certain Applications in Immigration Court and for Providing Biometric and Biographic Information to U. S. Citizenship and Immigration Services (PDF, 279.49 KB)  and the  Instructions for Form I-589 (PDF, 143.49 KB)  at Part 1, Section XII. Where to File, about how to submit this information.

Important:  If you file your Form I-589 anywhere other than the immigration court identified by the EOIR hotline or online system, EOIR will reject your Form I-589 and send you a notice that specifies the address where you should file your Form I-589. If you do not follow these instructions and any additional instructions from DHS or EOIR, your Form I-589 may be rejected or closed or it may take longer to process your Form I-589.

For more information about applying for asylum while in EOIR proceedings, see the section on Defensive Asylum Processing with EOIR on the  Obtaining Asylum in the United States  webpage.

Filing with USCIS

If you are eligible to apply for asylum with USCIS as outlined in the section above, you may file your Form I-589 with USCIS online or by mail depending on your situation. The mailing address to file your paper Form I-589 will depend on where you live and whether you are subject to the Special Instructions (see section below).

To determine whether you may file your Form I-589 with USCIS online or by mail, use our  Filing Instructions Tool .

Note:  You cannot file online and must file your Form I-589 by mail if:

• You are currently, or were previously determined to be, an unaccompanied alien child (UAC) as defined in 6 U.S.C. § 279(g)(2). UACs must file by mail to the address listed in the “Where to File with USCIS by Mail” chart below to ensure we identify their Form I-589 appropriately.
• You were previously in removal proceedings, but your removal proceedings were dismissed or terminated. Individual whose removal proceedings were dismissed or terminated and who seek to file a Form I-589 with USCIS must file by mail to the address listed in the “Where to File with USCIS by Mail” chart below to ensure their application is not rejected and the appropriate filing date is applied to the application. See the “Special Filing Instructions if EOIR Dismissed or Terminated Your Removal Proceedings, and You Want to Apply for Asylum with USCIS” section for additional information regarding the filing of Form I-589 for those applicants whose removal proceedings were dismissed or terminated by EOIR, including for applicants who previously filed a Form I-589 with EOIR before the dismissal or termination of their removal proceedings.
• DHS previously issued you a Form I-862, Notice to Appear (NTA), but the NTA was not filed with EOIR and you have never been in EOIR proceedings. You may file your Form I-589 with USCIS by mail using the address listed in the chart below. For more information about how we will process your Form I-589, see our  What Happens After You File Form I-589 With USCIS  page.
• Loss of Derivative Status After Asylum Approval but Before Adjustment of Status (Nunc Pro Tunc)
• Loss of Derivative Status After Initial Filing but Before Final Decision
• Simultaneous Filing as a Principal Applicant and a Derivative Applicant
• Previously Issued a Final Action by USCIS on a Form I-589

Note:  See the “Special Instructions” section below for additional information about specific filings as well as more information about when Form I-589 must be filed at the Asylum Vetting Center and the mailing instructions. If you must submit Form I-589 to the Asylum Vetting Center, you cannot submit it online or by mail to the locations listed in the chart below.

Where to File with USCIS by Mail

If you are not required to file your Form I-589 with the Asylum Vetting Center as indicated in the Special Instructions section of this page, then use this chart to determine where to mail your Form I-589.

You can find the filing fee for Form I-589 by visiting our Fee Schedule page.  

See our Filing Instructions Tool to determine whether to file your Form I-589 with USCIS online or by mail.

General Filing Tips for filing Form I-589 by mail:

• Review the instructions for eligibility requirements for yourself, spouse, and children.
• Use the 03/01/23 edition of the form. You can find the edition date at the bottom of the page on the form and instructions.
• Complete the form in English. This includes explanation fields on the form.
• Do not  submit passport-style photos, multiple copies of the form, or multiple copies of supporting documentation.
• If you already have a Form I-589 pending with USCIS, do not submit another Form I-589. Submitting another Form I-589 will not result in faster processing of your case and may cause additional delays.
• Once we have accepted your Form I-589 for processing, do not submit additional correspondence or evidence to the Lockbox or the Atlanta Vetting Center. You must submit these items to the local asylum office where we are processing your case.

Required Form Fields : We may reject your Form I-589 if the following form fields are blank:

• Complete Last Name (Question 4.)
• Residence in the U.S. (where you physically reside) (Question 8.). A complete address includes Street Number and Street Name, City, State, and Zip Code.  Applicants must reside in the United States.
• Date of Birth (Question 12.)
• Country of Birth (Question 13.)
• If you have more than 4 children, you must supply information about each additional child on Form I-589, Supplement A. Use additional copies of the Form I-589 Supplement A as needed to list all of your children.
• Questions 1. – 1.B.
• Questions 2. – 3.A.
• Question 4.
• Question 1.
• Questions 2.A. and 2.B., or
• The Explanation Box under Question 2.B.
• Questions 3. – 6.
• Signature of the Applicant (The person in Part A.1.)

Filing Tips:  Review our  Tips for Filing Forms by Mail  page for information on how to ensure we will accept your form.

We will reject any Form I-589 that is missing the explanation of why you are applying for asylum or that is missing any addendums that you reference in your Form I-589.

Do not forget to sign your Form I-589.  We will reject any unsigned form.

Applications that Must be Filed with the Asylum Vetting Center

Below are instructions for filing Form I-589 if you cannot file at the locations listed in the “Where to File” section above because your Form I-589 requires special handling.

When you file your Form I-589, you must include a letter explaining why you are filing with the Asylum Vetting Center and identifying which category below applies to your Form I-589. If your Form I-589 does not match any of the categories listed below, we will reject it, with instructions to file with the appropriate lockbox.

The following Forms I-589 must be filed with the Asylum Vetting Center:

• Loss of Derivative Status After Asylum Approval but Before Adjustment of Status (Nunc Pro Tunc):  If you are currently a derivative asylee, but you are unable to adjust status to lawful permanent resident due to a loss of derivative relationship, then you may submit a new Form I-589 and request a grant of asylum nunc pro tunc. In your letter, please provide information about your previous Form I-589 and explain that you are now filing independently as a principal applicant.
• Loss of Derivative Status After Initial Filing but Before Final Decision:  If you withdrew from a principal’s Form I-589 as a dependent, or if you lost derivative status by marriage, divorce, or death of the principal applicant, then you may submit Form I-589 as a principal applicant. In your letter, please provide information about your previous Form I-589 and explain that you are now filing independently as a principal applicant.
• Simultaneous Filing as a Principal Applicant and a Derivative Applicant:  If you are already listed as a derivative applicant on another pending Form I-589, you may file Form I-589 as a principal applicant. Also, you and your spouse may file separate Forms I-589 at the same time as principal applicants and list each other as derivative applicants. In your letter, please provide information about any previous Form I-589 and explain that you are now filing independently as a principal applicant.
• Previously Issued a Final Action by USCIS on a Form I-589:  If you previously filed Form I-589 with USCIS, you may be eligible to file a new Form I-589 with USCIS if you have not been placed into immigration court proceedings after USCIS denied or dismissed your Form I-589, including if we dismissed it after you withdrew your Form I-589.

If your Form I-589 matches a category listed above, you must mail your Form I-589 to USCIS at the address below:

Mailing by U.S. Postal Service (USPS):

USCIS Asylum Vetting Center P.O. Box 57100 Atlanta, GA 30308-0506

Mailing by FedEx, UPS or DHL:

DHS-USCIS Asylum Vetting Center 401 W. Peachtree St. NW, Suite 2500 Atlanta, GA 30308

Special Filing Instructions if EOIR Dismissed or Terminated Your Removal Proceedings, and You Want to Apply for Asylum with USCIS

If EOIR dismissed or terminated your removal proceedings, you may apply for asylum with USCIS by mail using the location listed in the “Where to File with USCIS by Mail” chart above in the “Where to File” section. You may not file online. Please see the How USCIS Processes a Form I-589 Filed After Removal Proceedings are Dismissed or Terminated  webpage for additional information on the handling of a Form I-589 filed with USCIS after your removal proceedings were dismissed or terminated:

For information about employment authorization based on a pending Form I-589 after dismissal or termination of your removal proceedings, see the “Special Instructions” section of the Form I-765 page.

• Affirmative Asylum Frequently Asked Questions
• The Affirmative Asylum Process
• Types of Affirmative Asylum Decisions
• Obtaining Asylum in the United States
• What Happens After You File Form I-589 with USCIS
• Revised Guidance on Informal (“Camp”) Marriages (PDF, 997.34 KB)
• Asylum Merits Interview with USCIS: Processing After a Positive Credible Fear Determination

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A Beautiful Application Is a Successful Application

A poet once said, “It’s not how you feel; it’s how you look. And you look mah-velous!”

What does this gentle wisdom have to do with asylum cases? Simply this: Whether you have a strong case or a weak case, if you present your case in an organized and neat fashion (i.e., if you make it look marvelous), you are more likely to be granted relief.

How do I know this is true? I really don’t. I just made it up. But it seems true. Plus, I have talked to Asylum Officers and Immigration Judges, and I know they sometimes become frustrated with disorganized applications. Also, it makes sense–if you make the decider’s job easier, you are more apt to get a good decision. So how should an asylum application look?

The first thing to know is that there are different rules for the Asylum Office and the Immigration Court. The Asylum Office rules are more lenient. When we prepare evidence for the Asylum Office, we basically follow the Immigration Court rules. In this way, we are prepared in the event that the case goes to Court. Also, the Court rules provide good guidance for how to organize a packet of documents.

First, let’s talk about Asylum Office cases. For such cases, we include a cover letter. This letter is short, and simply explains what type of application we are filing. If there are any issues of particular note, we might mention those in the cover letter–for example a one year bar issue, a criminal conviction or a prior asylum application.

Next, we include the packet of documents. We do not send any original documents; we submit copies (we have the client bring any originals to the interview). We also keep a copy of the entire packet for ourselves. Per Asylum Office rules, we submit two copies of the entire packet of documents. Each page of the packet is numbered. I put the numbers in the bottom center of each piece of paper. Also, each individual exhibit is labeled with a letter (Exhibit A, Exhibit B, etc.). In front of each exhibit is a separate page with a tab (A, B, C, etc.). If the packet of exhibits is tabbed and paginated, it is easy for the officer to find what she needs.

On top of the packet of exhibits, we include an index. The index lists each exhibit by letter and page number. I also include a brief description of each exhibit, so that the officer can read my summary, rather than a (sometimes) lengthy document. An abridged example of how we do the index is here:  Example Index

The exhibits we typically submit, aside from the original I-589 form, include copies of: All passports, the applicant’s affidavit , birth certificate, marriage certificate(s), divorce documents, national ID cards, identity documents for spouse and children (passports, birth certificates, national ID cards), education documents (diplomas, transcripts, awards), employment documents, any criminal or arrest documents (from the U.S. or overseas), police reports, medical reports (including forensics reports about scars or psychological trauma), membership documents for political, religious or other organizations, letters from witnesses , threat letters or evidence of threats, relevant photos (of political activities, injuries, etc.), relevant news articles, and country and human rights reports. Any documents not in English need to be translated with a certificate of translation . Of course, the documents we submit vary, depending on the case and what we need to prove . But the format is always the same.

Also, it is a good idea to submit the exhibits on time. These days, under LIFO , we usually complete the entire case and submit everything together with the I-589 application (since we often-times receive a quick interview date). However, if you are submitting documents after the case has already been filed, make sure your Alien number is on the cover page and the index, and make sure everything is submitted on time. Some asylum offices want your exhibits at least one week prior to the interview. You can contact the local asylum office  to ask about the filing rules.

If you have a case in Immigration Court, the rules are more strict. First of all, you need to submit one copy of everything to the Court and one copy to the DHS Office of the Chief Counsel (the prosecutor). Second, you need to follow the rules related format, which you can find in the Immigration Court Practice Manual (follow the link called “OCIJ Practice Manuel;” chapter 3 and appendices F and G are particularly useful for format). Also, you need to submit a witness list (check chapter 3 of the Practice Manuel, page 57-58). The list of exhibits will look similar to what I described above for the Asylum Office index. For non-lawyers, this is all a bit much, and for this reason, if you have a case before the Immigration Court, you would do well to find an attorney to assist you (if you cannot afford a lawyer, you might be able to find one for free ).

One last tip: If possible, submit all documents by hand (and bring your copy of the exhibits so the Asylum Office or Court can stamp it with a proof of service) or by certified mail. It is common for evidence to get lost, and so it is a good idea to have proof that you submitted the evidence.

Whether your case is before the Asylum Office or the Immigration Court, it will benefit you to submit a neat, well-organized packet of evidence. And by the way, darling, you look mah-velous!

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Guatemala massacre survivors reunited after 30 years, i was interviewed for asylum, but i never received a decision, the end of asylum as we know it, the asylum backlog, revisited (ugh), 114 comments.

Dear Jason, can you tell me what the process is if I go to the court married with whom the asylum is granted, is my asylum process going to accelerate?

Plaes your opinion: whether I go like married or not married to a court, is there some relief in that case? Thanks a lot,

Sorry, I do not understand the question. If a person is married or single, it does not normally affect the time frame for a case. Take care, Jason

I had applied to asylum on January 2017. Today I was called to the interview. But although I had sent my documents to Chicago Asylum Office, my interview location is a courthouse in Cleveland. I didn`t understand this situation. Is there anything to worry about?

Hi Jason, I have two questions.

I granted asylum status on August 2017, But we filled i485 on August 2018 based on derivative on my wife i485 based on NIW Perm i140 approved. Then after less than 2 months I changed my mind and sent i485 amendment and asked USCIS to switch me from derivative of NIW to Asylum granted eligibility. My question is do you know which location of asylum based i485 are they gonna send me to process? I filled to Dulles TX for I485 NIW Got letter from Saint Louis, MO Sent amendment to Saint Louis, MO I live in NY state. My wife lives in Virginia state. So as my understanding there are just two locations which processing i485 based on asylum granted. Texas service center and Nebraska service center or they can process in MO where is my current document?. Since processing time is varies for these two service center and MO too, I want to know what processing timeline I should follow? Please help me out what is your guess about my processing location? and correct me if there are more than two locations to process my case like Saint Louis, MO which I amended there?

Second Question? Do I need to do interview again for i485? while I have interviewed in local asylum office for granting status on August 2017.

I really have no idea, and I do not know whether USCIS will allow you to switch from one category of I-485 to another. Even if they do, it would possible affect the time frame for processing the case, and so I doubt the listed processing times will do you much good. Your best bet might be to call USCIS (the number can be found at http://www.uscis.gov ) to see if they can update you about the status. If that does not work, you can inquire with the USCIS Ombudsman – a link is at right. Take care, Jason

Thank you Jason, Just would you please tell me if they are doing an interview for i485 of asylum granted the main applicant or not? I mean in general, not about my case. Because in USCIS I found they only suppose to interview with derivatives of asylum granted, so I want to make sure that should I wait for an interview or not?

https://www.uscis.gov/policymanual/HTML/PolicyManual-Volume7-PartA-Chapter5.html

Here says Asylees dont need to do an interview for i485. I just want to see if it is correct or not thx

I think in general, they are not interviewing principals and they are interviewing dependents. However, that is only in general. For example, we just had a married couple who got asylum and got their GCs last week. Neither the principal nor the derivative were interviewed. Take care, Jason

Thank you Jason, I really appreciate your time and knowledge.

[email protected] Quick Question…I applied my asylum case in Feb 2015 in Arlington Va office….I live in SC…How long do you think it can take ? and which office my interview will be Atlanta or Arlington ?

My understanding is that SC cases are interviewed in Atlanta. As for the time frame, no one knows. Once in a while, they are pulling old cases, and if so, you should be near the “front” of the line. Otherwise, you can always try to expedite if you have a reason – I wrote about that on March 30, 2017. Take care, Jason

I – 485 received 4/4/2018 Texas based on granted asylum 5/15/2018 Finger Print Reviewed 10/11/2018 My attorney request for update 10/20/2018 My online status changed to ” Addition Evidence Request ” Waiting for the letter to Arrive

I am just wondering what kind of evidence they need, I sent my medical April/2018 I didn’t sent my birth certificated because I thought they can still use what I gave them during asylum application ! Do they request for Birth Certificate ? Thank you !

It is very possible that they want a birth certificate, which can be a problem for some people (I wrote about that in a posting last week). In any event, you need to wait to get the letter, and then you will know what they want. Take care, Jason

I saw your wrote that they need a birth certificate from hospital ! I wonder what will happen if an applicant does not have the one at hapistal because I can’t find bc at hospital but I have one got from district office !

Thank you Jason !

There are alternatives to a birth certificate, but it is very annoying – Affidavits from people who knew you when you were born, early school records, baptism or other document from early childhood, etc. Take care, Jason

Hello Jason, I really appreciate all your effort. I have a pending Asylum case since 2015 and I later got married, filed or the adjustment of status and the case is going well. what if they call me for the Asylum interview now? i don’t want to stop the asylum case until my adjustment of status is approved. Also is there a way to pause the Asylum case ? Kindly advise me my options.

When we have had this situation, the asylum office did not allow us to pause the case. However, given that you filed in 2015, it is unlikely you will have an interview any time soon, and so you should be fine. If you do have an interview, just do your best (or if you prefer, withdraw the asylum case at the interview, but you will lose any work permit you have based on asylum pending). Even if you have the interview and go to court, that does not stop the marriage-based case. Take care, Jason

hello Jason how are you and kudos to you. please do you know how long it is to receive new EAD (c8) I filed after 150 days beginning of this month. I was informed that new EAD take at least 60 days if not more. thank you

It is not so predictable. I tell people 1 to 4 months for the first EAD, but it has been more like 1 or 2 months for most people for the first EAD (renewals are often slower). Take care, Jason

Hello Jason! It’s been long since I last wrote. I have been trying to reach SF Asylum office since months. I called DSHS to inquire about my pending asylum case as I am still waiting for interview(I filed in LA in June 2016) moved my case to SF in Dec 2017. I was able to talk to a gentleman in month of April 2018 and he confirmed that my case is moved to SF Asylum office and I should be able to get the interview sometime in September 2018. I somehow lost the number I called at. Now every time I call DSHS they provide me a number 415 575 1300, when I call that number I hear that this number can not take call or messages the mailbox is full and I should try a different number. I am thinking to expedite my case as my family fears persecution and harm in my home country and my mom is seriously ill. Is there any number to call SF Asylum office to check if I will be interviewed soon OR I will go ahead and do the paperwork to expedite the application. Thank you Jason!

No ones knows when a 2016 case will be interviewed, not even the asylum office, so there is no benefit in calling. Under LIFO, they are interviewing new cases first, and will not be interviewing older cases (though each office is different, and maybe SF is interviewing some old cases, I am not completely sure). Most likely, the only way to get an interview is to try to expedite. I wrote about that on March 30, 2017. Take care, Jason

Dear Jason:

Please help me with this, I am really in a problem.

I will move to a different address on 24th of Oct, and I wanna change my address.

I have friends in this property, where I live now. I wanna put my friends address for my mails, in case if I recieve important mails; they will let me now.

When I move to the new address on 24th of Oct, then I will rechange it back to that address because we are still waiting for lease contract, background and credit run of the new address. To recap, I just don’t wanna miss my mail if I receive from USCÌS.

For now, I don’t know how to change my address, can you please help me with it, since it is a new thing to me. I don’t know about it at all how to change it but yeah, it is not in a different Asylum office, I live in Alexandria, VA, and will move to another address in same area. Let me know, if my friend address works. And I just got that I should change my address within 10 days.

Additionally, won’t be this a problem if I put my friend address now, and after moving to the new address, I rechange it back ?

I wrote something about this on June 24, 2015. That might help. As for changing the address, use form AR-11, available at http://www.uscis.gov . Take care, Jason

Hi Jason. I also have another question I would like you to help me with. Why us it that whenever I enter my receipt number in the USCIS website to check for my case status it’s says error? My receipt number starts with ZAR. Thanks

You cannot check asylum case receipts numbers on-line. If there is something you need to check, you have to contact the asylum office directly. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Take care, Jason

Hi Jason Please I need your advice. I applied for asylum and according to my receipt my application was received on 20th August 2018. I was called for biometrics which I attended on 12th September 2018in Baltimore MD. If all asylum offices are using LIFO why is it that I haven’t been called for interview? Arlington Asylum office in Virginia is the one handling my case. It’s now a full month since I did biometrics, with the new LIFO system it doesn’t feel right. Please advise me accordingly. Thanks

Only about half of all cases are actually being interviewed under LIFO. This is because the asylum offices are receiving more cases than they can interview. You may still get an interview notice, but if you do not have it in a few weeks, that means your case is in the backlog, and it is unknown how long you will wait for an interview. Take care, Jason

Extremely Important Daily Tips ( I485 form ) No. 65

If for any reason, you are not sure in how to answer a question in I-485 or any other form, you should not guess it and you should always ask for help. You don’t have to ask a lawyer even if it is recommended, but you can also any close person who has gone through this process before.

If you are an asylee applying for Green card on your own without help of a lawyer, then do not risk making mistakes that might negatively impact your case and may result in a denial.

For example: Look carefully at this question

65. Have you EVER lied about, concealed, or misrepresented any information on an application or petition to obtain a visa, other documentation required for entry into the United States, admission to the United States, or any other kind of immigration benefit?

This question if answered in a wrong may cause problem to your case and USCIS may accuse you of Lying to immigration officers without any valid reason and deny your case.

Most of Asylee applied for a visa before coming to US, and if you are someone who applied for visa and lied to the embassy officer about your intentions for going to US which is to apply for Asylum in US and whether you have or have not admitted that on your Asylum interview then you must answer yes to question 65 in I-485.

Attach a statement that explains why you really lied. For example “because I wanted to apply for Asylum and If I have told the embassy officer about my intentions to apply for Asylum, he wouldn’t give me the visa and I wouldn’t be able to seek protection.” DON’T FORGET TO SIGN AND DATE THE STATEMENT.

2- While in the airport, have you told the officer that you want to seek Asylum when he asked about the purpose of the visit if not then you lied and you must answer yes to question 65 in I-485

Attach a statement that explains why you really lied. For example, “I honestly didn’t know about Asylum laws so I lied about it so I can get in and find a lawyer to prepare my case.” DON’T FORGET TO SIGN AND DATE THE STATEMENT.

If you answered no to this question, they may send you a letter to tell you that there are inconsistencies on your case that need to be fixed and will cause long delays and sometimes denial so if you received such a letter, just head to immigration attorney because response to this kind of question is extremely important

Thank you very much everyone

If any has questions, please ask.

I applied for asylum with help of paralegal, today I was cheking my i-589 form and I noticed that on 2b “Have you, your spouse, your child(ren), or other family members, such as your parents or siblings, ever applied for or received any lawful status in any country other than the one from which you are now claiming asylum” it says -No. But when I was little my parents and I lived in another country for a 9 years, (my parents didn’t apply, it was USSR times and countries didn’t have all that refulations). I don’t know why paralegal checked no, unfortunately we sent it already. What should I do? I can explain it at the interview, but will it negatively effect my case? Thank you

It does not sound like a major problem. You might submit written information about that prior to the interview (such as an affidavit). The asylum office may also want evidence that you do not have legal status today to live in that country. Take care, Jason

Do you know when USCIS will/should publish Asylum Quarterly Statistics mainly for July, August and September. Last time they published it in early August, so I was waiting for the beginning of October. Thank you

I think it usually takes a couple months, but I really do not know. Take care, Jason

Hello Mr Jason, thank so much for your support and great job. Could you recommend me a good attorney in New York. Many thanks in advance

Sorry, I cannot recommend lawyers on this website. I did a post on September 22, 2016 about how to find a free lawyer. The article includes a list of non-profits. If you contact some non-profits in NY, they may have a referral list, and this is often more reliable than other sources for finding lawyers. Take care, Jason

Hey Jason, I got my EAd, but I have a pending court date for next year, my family lives in New Jersey and the address I have on file it’s my family house, but I’m traveling to Colorado for work, but I don’t want to change my address since my family lives there and I don’t want my case to be prolong if I change my address to another state. I will be back before my court date, but I just want to know if I can travel with flight and I won’t be detained at the airport? Can I use my EAD card as an ID? Also if I go for my first hearing are there chances of being detained?

You should be able to travel domestically with the EAD and your passport or driver’s license. If you keep your NJ address, you should be able to avoid changing the address of your case. If you are worried about that, talk to a lawyer, as you do not want to be accused of lying about your address. The first court is a Master Calendar Hearing. It would be very unusual, if not impossible, for an asylum seeker to be ordered deported at such a hearing. The Individual Hearing, which is usually the second time in court, is where you present your case and the Judge makes a decision. Take care, Jason

Dear Jason I am going to renew my EAD. I have a question, do we pay for biometric 85$ with our renewal application, or it’s just 410$ for the Asylee? What should I write on my cheque or money order.

No you don’t, just the $410

If it is based on asylum pending, you normally only pay $410. Checks are to “Department of Homeland Security”. Take care, Jason

Hello Jason! Hope you’re doing great! I have a pending asylum application since 2015. Now I was been assaulted (no deadly weapon involved) last week. I didn’t had big injuries but just a black eye. I’ve seen a doctor and a psychiatrist for my physical and mental harm caused by the assault. I’m been helping the local police to investigate the case . Do you think I can qualify for a U visa?

You might, and it is probably worth looking into soon, while you are still involved with the police. Sometimes, non-profit lawyers do such cases – I did a post with links to non-profits on September 22, 2016. Take care, Jason

Hello, My question is that what policy does the San Fransico Asylum Office follow? Does it follow the LIFO or what? and is there any link to see the different asylum offices interview polices?

As far as I know, all offices are now following LIFO. Take care, Jason

I have a general question. Do you think this LIFO policy could be cancelled and changed back to FILO? It’s clear that LIFO isn’t working, asylum offices interview only new applicants, number of which gets more and more every day, it’s really unfair for people who have been waiting for years. As far as I know, a couple years ago was also LIFO policy, what happened then? How did they go back to FILO policy? Thank you

It was LIFO prior to 2015. It really didn’t work then, and it is not really working now either. That said, I doubt they will go beck to FIFO, as that didn’t work too well either. My guess is that they are hoping to reduce the number of applicants and get a handle on the cases. So far, nothing seems to be working, and what they will do in the future is anyone’s guess. Take care, Jason

Hello Jason, We always appreciate your great efforts and your replies which taught us alot about asylum, May god bless you and your family. We had received EAD cards on 9/14/18 on C8 category while pending asylum, then we got granted asylum on 9/21/18 mentioning we will receive new EAD cards on A5 category, but till now we received nothing, I had contacted the asylum office, they referred me to the service center, I had called them, they said you should return back to your asylum office, I don’t know what should I do? Thanks for your quick respond as usual.

I would wait a few months. We have been seeing delays for EADs for people granted asylum, but it seems to resolve itself in 3 to 5 months. Meanwhile, you have an EAD, and you are also eligible to work based on the asylum approval. Take care, Jason

Dear Jason,

Pls would you be kind enough to help understand this,

What should asylum seeker who you to be a B2 status enter in the current status box on the form I765?

How do you advise I package a family (of 4) EAD application while sending it to USCIS office?

You obviously need to get help from an attorney..

Please there is an error in the spelling of on my ead have tried called Uscis several times no one will pick. Please what the I do my current one expires soon.

If you review the instructions for the I-765 (available at http://www.uscis.gov ), it should explain what to do when there is an error. You may have to return the incorrect card and apply for a new one, which unfortunately creates a gap in ability to work (for people with pending asylum cases, at least; if you have asylum already, you can work even without the EAD). You might also try making an Info Pass appointment and going in person to ask about the problem, but I am not sure they can help. If you want to try, there is a link to Info Pass at right. Take care, Jason

I cannot advise people about specific answers on forms. For our clients that have applied for asylum, we often write “asylum pending”. Sometimes we might write “B-2 expired” if that seems more appropriate, but it may depend on your case. For multiple applications, you can send them together, but each application should be complete, as the cases will likely be separated by USCIS, and if each case does not have all required documents, it can be denied. Take care, Jason

Thank you so much Jason.

Itnis perfectly understandable why you can’t answer specific question, you’re doing more than enough.

I will gowith B2 expired. Though I’ve been interviewed already, just don’t have the approval letter yet.

I doubt it will make any difference, as long as you answer truthfully. Take care, Jason

MENTOR October 16, 2018 Thank you so much Jason.

It is perfectly understandable why you may not answer specific question, you’re doing more than enough already and it’s much appreciated.

I will go with B2 expired. Though I’ve been interviewed already, just don’t have the approval letter yet.

Hello Jason,

My brother & my mother answer this question NO ((65. Have you EVER lied about, concealed, or misrepresented any information on an application or petition to obtain a visa, other documentation required for entry into the United States, admission to the United States, or any other kind of immigration benefit?)) on I-485 form, but they receive a letter of deficiency on it. They say they have what it proof they provided a sort of application before that shows this not the right answer. Bringing on mind that the only two things we provided before are applying to Medicaid and it got rejected & when they applied to Asylum, it was before the Visa expiration, Actually it was after 2 months from their arrival to the USA & they were allowed to stay for 6 months. We could not conjecture with any explanation! Can you explain this question to me at least? and if you met any case before about this question. I will be so appreciatable.

It could also be something from the visa interview. I do not know what it is, of course, but a common problem people have on that question is that they list on the I-589 arrests (including political arrests) or organizations that they are members of, but they do not list those arrests or memberships on the I-485. Thus, they “lied” (in the mind of USCIS) on the I-485. In this situation, I think you need to talk to a lawyer about the specifics of the case in order to understand what is going on, and to respond appropriately. Take care, Jason

Thank you very much

Kindly help look into this. I’m currently filling out my first EAD application for my family and I’m stuck with ‘Applicant’s Statement’ (part 3: 1a-2 & 7a), wondering if I should signs for my child age 4?. Not sure what the practice is.

Since the child cannot possibly fill a form like this, can I also put my name as interpreter and preparer?

For children, we have the parent write the child’s name and then put the parent’s initials next to the name. I do not know of an official policy about this, but we have not had a problem with it before. You could include a cover letter indicating that you filled the child’s form; maybe that would help, but we have not encountered issues with parents signing for children, so hopefully, it will be fine. Take care, Jason

Thank you so much.

I will do as advised.

Jason , Please tell me if my case file in Miami and later I move to sfo at the same time if I need to file for ead renewal which address I need to send for renewal ? There would be any problem if I do both in few month gap ? As people say if take 6 month to move case . I m confused about renewal address

If you plan to renew your EAD, you do not have to wait for the case to be transferred to the new office. Just file the I-765 to renew based on your current address. As for the mailing location, you have to check the I-765 instructions, available at http://www.uscis.gov . Take care, Jason

I got it that I can apply for ead but my qus is if I transferred my case to sfo as it take few month to move file which address do I need to send ead Miami or some sfo address

You send the EAD to the address in the instructions for the I-765 – you do not send it to the asylum office. Take care, Jason

In case, I-730 rejected by USCIS, can the person independently apply for asylum? What about 1 year bar?

The person could apply for asylum. The fact that a prior application (such as the I-730) is pending may be an excuse for the one-year bar, but I am not sure. Maybe talk to a lawyer to determine whether the I-730 is likely to be approved. If not, then it might be best to file for asylum now. Take care, Jason

Can you file I-730 while the derivate (spouse) is in country after asylum is approved? Does this make the process faster? I saw that several people quoted 6+ months waits to be reconciled with spouse and/or children.

Thanks as always.

If you have a spouse at the time asylum is approved, you can file for that person whether they are in the US or some other country. The processing time is not so predictable. Maybe most cases are resolved in under a year, though. Take care, Jason

I gave my interview 3 weeks ago still no reply. I applied in February 2015. The wait has been really long and this anxiety takes away more than half of my energy. I am going to school for undergrad and work full time and trying to focus on school as much as I can. Thank you for this website as I cant talk about this to anyone except writing here.

My EAD expires in May 2019. Last time it was lost in the mail And I had a very difficult and frustrating moment. When do you think Would be appropriate to apply for my EAD?

Many thanks and god bless you always

Hopefully, you will get a response soon. But if not, you can apply for the new EAD up to 180 days before the old card expires. I think you should inquire with the asylum office if there is no decision in a month or two. But if there is no news, it may be worthwhile to renew the EAD, just to be on the safe side. Take care, Jason

can you please share some information with us? did you expedite or short list your case? and which asylum office did you apply? thanks

Hi – I shorlisted my case and got a phone call for the interview. Boston asylum office.

Can you please tell which asylum office did you apply? Dis you expedite your case?

Hi applied asylum since Oct 2015 still no interview my question is that normale?

It is normal. Cases from 2015 are not currently being interviewed under the LIFO system. You can request that your case be expedited – I wrote about that on March 30, 2017. Take care, Jason

Hi Jason, Do you have any idea what year and month cases are being interviewed at the Arlington office? I applied in August 2015 and there is nothing yet.

They are following LIFO, and they seemingly do not have the capacity to interview additional case. However, we just received an interview notice for a case from October or November 2014. The client attempted to expedite the case (without telling me), and so that may the reason for the interview, but we really do not know. In any event, they are not likely to interview an August 2015 case any time soon unless you can expedite – I wrote about that on March 30, 2017. Take care, Jason

Thank you for your reply. I really appreciate that.

Can a derivative in an asylum application apply for asylum on her own if the application of the principal applicant is still pending? Does the one-year filing rule apply to the derivatives? Thanks.

The person can apply on her own, but the filing procedure is different. Basically, the case has to be filed at the local office with an explanation. You can check the I-589 instructions, which cover this point. The one-year deadline does apply, but the fact that the person was a derivative in an asylum case can be used as an exception to the one-year rule. Take care, Jason

Hi Jason. I got Asylum status from immigration court in june 2018. I applied i730 for my family in my Home Country in July 2018. My Questions are: 1. How much time take for Approval in uscis? 2. Can i Apply i730 for my Father?

1 – It is a two step process. You can check the processing time for step one at http://www.uscis.gov (processing times). The second step, at the embassy, varies by country and case, but it might be 3 to 5 months on average. 2 – You cannot file for a parent; only a spouse or child who was unmarried and under 21 at the time your asylum case was filed. Take care, Jason

Hi there. Congrats on your status. You wrote that you have gotten your approval from immigration court that means that asylum officer referred your case to the court and you won it there? Can you share please your reason for denial of asylum after the interview? And how did the court hearing go?

Jason, The congressman has returned to me with an answer that the asylum office needs to schedule a third interview and that should happen within the next 60 days. For some reason, I think this is a bad sign. I have not heard of anybody who was able to survive three interviews. All three-interview asylum seekers I know have been denied and referred to the court. Please advise, do you know anybody who was approved after three interviews?

I don’t remember – we have only had a few people with three interviews. One was denied. I think at least one was granted, if I remember correctly. We have had many people with two interviews who were granted. If they had made a negative (or positive) decision already, they would not need another interview, so I think you still have a change. Make sure to review your case as if this is a first interview, and try to recall anything unusual that happened at the prior interviews. Take care, Jason

Hello Jason, I really wish I had known you before I applied for asylum. All I read in this post makes me feel like my application was incomplete or just a kind of mess. This inspirational blog is a kind of great school as we learn from you on a daily basis. However, I feel worried because for almost a month now, nobody has posted that they won asylum lately. This is worrisome as we guys have been waiting for a decision for about two years now. Again, thank Jason for your eye-opening post

People post in different places, and we have had seen some people who won asylum in the last couple days. Also, we have won some cases in our office recently, and so have other lawyers I know, so it is still possible to win. As for your application, you can always organize everything nicely and resubmit it before the interview (according to your asylum office rules) and explain that you are just trying to make a more organized application, but the documents are the same. Take care, Jason

Thank you for the update. I was already interviewed almost two years but my application is still pending final decision. This is very frustrating

Dear Dear Respected Sir.

Is there any fee for EAD for asylum seekers? Because for some categories, there is a fee of almost 500.

If you are filing based on a pending asylum case, there is no fee for the first EAD. You have to pay for renewals or apply for a fee waiver using form I-912, available at http://www.uscis.gov . Take care, Jason

Your blog is so helpful and I have several questions: 1. Is it better to fill in Green Card application myself or with lawyer with whom I work since interview (I have to tell you that I prepared everything myself, my lawyer is just a figure 🙂 2. If I apply to Green card on December 1st, what is the estimated time that I will receive it? (I was granted in interview stage)

1 – You can do it yourself if you are careful and make sure not to be inconsistent with any prior applications. These days, cases can be denied for small mistakes, so it might be advantageous to use a lawyer (probably a different lawyer than you used before), but GC applications are much less complicated than asylum cases, so you can probably do it on your own. 2 – Probably in the neighborhood of one year, but it could be longer (or maybe shorter). You can check the processing times on http://www.uscis.gov . Take care, Jason

Hello Jason, I have several questions that need your advise on. I’m engaged to someone in NY and planning in getting married soon. We both are asylum seekers (I’m located in FL). His individual hearing is in 2021 and I was just referred to court in FL and did my master, my individial will be in 2019. 1) If we got married before my court date, AND I got granted, will he automatically be granted ? (and then he could withdraw his case from NY). Or there is a lengthy process to grant him asylum as well? 2) If I got denied, and he kept his case in NY, will he be affected by the decision (since we’d be married)? 3) If I got denied, can I move my case to NY under/ attached to his case? 4) I googled my judge and he has a high denial’s rate, is there statistics that show denial rate based on nationalities? AKA, Florida has higher denial for Central American which could be why rates are high. Not sure though. Very confused on what to do!

Thanking you in advance!

1 – Unless you combine the court cases, he will not be granted at the time you are granted. You would need to file an I-730 petition for him. But that should work out fine, even if he is in court. 2 – It would not effect him unless maybe your cases are related. Of course, it doesn’t look great if you are an asylum seeker and your spouse’s asylum case was denied. 3 – You may be able to move to NY, but you could not attach to his case at that point. The time to join the cases – if you want to – is before the final hearing. 4 – There used to be such data available (I think from TRAC Immigration), but I have not seen it for a while. The denial rates are not all that reliable. If you have a decent case, even if you are from a country that frequently gets denied, you should have a chance to win. Take care, Jason

Does anyone have an update on their case in NYC? Any LIFO cases?

Are those with long term visas like H1B and F1 being processed on LIFO?

LIFO is only for asylum cases. Take care, Jason

To clarify: if you have one of those visas and are applying for US asylum, will the application be processed on LIFO or added to backlog due to length of visa?

Also, thanks for your incredible articles and guidance. God bless you immensely.

I think that all cases are processed under LIFO, but since they cannot interview everyone (there are too many new cases), some cases are sent to the backlog. But as far as I know, this is random, and does not depend on your type of visa or anything else. Take care, Jason

Looking great young Jason 🙂

Hello Jason! My name is Luis, and I am a US citizen. Thank you for everything you do. I hope you can give me some advice.

I got married this year with my boyfriend, now husband, and we are beyond happy. He did not came in a legal way to the US, but he asked for an asylum at the border. Unfortunately, his case was denied, and now is on the Ninth Circuit. Is there a way he could get a green card with our marriage? Is there any law that forbids him from receiving any green card?

Thank you so much in advance.

It may be possible, but at this point, I suspect it will be very difficult. Probably, the path would be for you to file an I-130 petition for him (form I-130 can be found at http://www.uscis.gov ). At the same time, check to see whether there is any way he can get Voluntary Departure. If so, he might try to reopen the case at the BIA (the appeals court before he went to the 9th Circuit) and ask for Voluntary Departure, which would allow him to leave without a deportation order. This will make it less difficult to return here based on the marriage. One issue: Most likely, he is not eligible for Voluntary Departure, but it is worth checking into. If he cannot get that, he would be deported and if he left, he could try to return based on the approved I-130. He likely will be barred from returning here for 5 or 10 years (or more, depending on the facts of the case). There are most likely waivers available to help him return before then. Obviously, all this is tricky and involves him leaving the US, and so you should talk to a lawyer and ask the lawyer to map out exactly what needs to be done to see whether it is possible. Good luck, Jason

Hi Jason, is Luis again, thank you for your prompt answer.

Let me give you a few more pointers because I don’t think I was clear or specific enough before. I live with my husband in New York, and we have been living together for over a year. I have already filled the I-130 application from my end, which we did on Oct 1st. Also, we submitted all applications regarding his lawful permanent residency (LPR), but we received a last minute update saying that one of the laws was changed around the beggining of October. Now his case is on standby and I would like to know what to do next, or if you know of any institution that can help with our case. Do you know anything about this new change in law? I’ll really appreciate it. Thank you once again.

I do not know of a change in the law that would affect an I-130. It seems to me that you need to talk to a lawyer to go over the specifics of the case. If you cannot afford a lawyer, I did a post about finding a free lawyer on September 22, 2016. Take care, Jason

Dear Mr. Jason:

Thanks for everything your doing for us. It worths a lot to us.

Dear Sir, I applied for asylum in 10, Aug, 2018, and recieved the blue reciept on 14, Aug, 2018. Also, I completed my biometric on 05,sep,2018. Since that time, I haven’t heard anything back in regards to interview as per new LIFO system, I saw some people got thier interviews after 3 to 4 months, but some recieved within two months. Can you please give me a clue on my situation, I would be really appreciated.

I think, If I don’t receive it within 6 months, it will be definitely on backlog. Please let me have your feedback.

I think if you have not received an interview notice within 2 months, you are probably in the backlog, but maybe a notice could arrive 3 or 4 months after filing. From the latest data we have, the asylum offices (nationwide) interviewed about 51% of applicants within 43 days of filing. I think this means that 49% of all cases went into the backlog. Take care, Jason

wow.. someone is excited today.. lol. maybe is it because you enhanced the “Hyperlink” feature in the blog ?

now seriously, thank you for this blog.. your post was.. MAH-VELOUS..!!

Sharing my yesterday’s experience:

Calling the congressman office:

**STORY BEGINS** John: Hello this is John the case manager Ertugrul: Hello John, wondering if you have received an answer from the asylum office regarding the (help with a federal agency) form I submitted 8 weeks ago John: The log says that the asylum office will schedule an interview. They are limited with resources (officers) which have caused the unfortunate delay for six years!!! Ertugrul: John, I have already informed your office that I have completed 2 interviews during the last 6 years. Do you mean the asylum office requires a third one? John: Oh, it might be a mistaken answer from the asylum office then. Let me e-mail them again to confirm. Ertugrul: Ok, can you e-mail me the current answer you received from the asylum office stating that they need to schedule me for an interview. I need to keep it in my record please. John: I need to check that as the asylum office asks us sometimes to not share specific type of information with the applicant. **STORY ENDS**

My comment: Even the congressman/ombudsman cannot let you know if your case has sensitive information. AMBIGUOUS, AMBIGUOUS, & AMBIGUOUS are the rules for asylum cases..

I don’t think the Congressional inquiries are very useful. You might inquire yourself and see what they say. Sometimes, it is better to go in person during their walk-in hours. You can find their contact info if you follow the link at right called Asylum Office Locator (under Asylum Seeker Resources). Also, given the length of time, you might consider a mandamus lawsuit. The article last week on this blog discusses that option. Take care, Jason

Thank you for this Jason. On our application we didn’t keep copies of evidence which was mostly newspaper articles related to our case and pictures of my husband’s injuries. We only kept the completed form. Will we be expected to have these when we go to an interview?.

You do not need them for the interview, but it is a good idea to have copies of everything you submitted, so you are fully aware of your case. If you want, you can get a copy from the government using form G-639, available at http://www.uscis.gov . This takes maybe 5 or 6 months, but it is free. Take care, Jason

Jason this write up is totally amazing thank you. Please can you enlighten me. I was refered to a judge so i am still pending. My daughter is a us citizen . I am due for my ead and social security in a month. However i would like to get my daughter to a daycare so i can job hunt. Would it be okay to apply for a daycare voucher for her? Would that be considered as a public charge i mean benefit. I know you have said asylum applicants have been excluded from that memo but anything can change. Just wanted your opinion please

I do not think it will change. The statue indicates that asylees are exempt from the public charge requirement, and unless Congress changes the law on this (and there is no movement in that direction), you should be fine. Take care, Jason

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Sample Documents

Scroll down this page to see examples of immigration documents that you may receive from the government. Click on them to learn what they are.

Not every asylum seeker receives the same documents, so you may not have all or any of these. It is important to keep your immigration documents in a safe place. You can also take photos or make copies of them. And you can use Google translate to translate text or websites.

Notice to Appear

Notice to Report

Parole Document 1: Card I-94

Parole Document 2: Paper I-94

Parole Document 3: Online I-94

Parole Document 4: Interim Notice Authorizing Parole

Form I-220A Order of Release on Recognizance

Credible Fear Interview Worksheet

ICE Check-In Log

Hearing Notice

USCIS Asylum Application Receipt Notice

USCIS Defensive Asylum Application Receipt Notice

USCIS Online Account Access Notice

Biometrics Appointment Notice

Asylum Interview Notice

Work Permit Receipt Notice (By Mail)

Work Permit Receipt Notice (Online)

Request for Evidence

Work Permit Approval Notice

BIA Receipt Notice

BIA Briefing Schedule

• Table of Contents
• Preface & Acknowledgements
• Acronyms & Abbreviations
• 1. A Brief History
• 2. Sources of Law
• 3. Elements of Asylum Law
• 4. Precedential LGBTQ/H Asylum Cases
• 5. The One-Year Filing Deadline
• 6. Withholding of Removal
• 7. Relief Under CAT
• 8. Voluntary Departure
• 9. Real ID Act
• 10. Safe Third Country
• 11. Challenging Asylum Cases
• 12. Working with Asylum Seekers
• 13. Working with LGBTQ/H Asylum Seekers
• 14. Elements of an Application
• 15. Preparing the I-589
• 16. Sample I-589
• 17. Preparing the Asylum Declaration
• 18. Declaration Dos and Don’ts
• 19. Annotated Sample Declaration
• 20. Corroborating Client-Specific Documents
• 21. Corroborating Country Conditions
• 22. Indexed Country Conditions Sample
• 23. Sample Cover Letter

24. Assembling Everything

• 25. Affirmative Application Process
• 26. Immigration Court Proceedings
• 27. Board of Immigration Appeals
• 28. Federal Court Review
• 29. Detained Asylum Seekers
• 30. Obtaining an Employment Authorization Document
• 31. Asylee Status
• 32. Withholding Status
• 33. CAT Status
• Important Resources

The information contained herein is for reference only and may not be up to date. It does not constitute legal advice. You should always consult an attorney regarding your matter.

Once you’ve prepared all the required documents for whatever stage of the asylum application you’re working on, all that remains is to assemble it all.

Immigration files (both at the Asylum Office and in Immigration Court) are held together by two-hole punched paper fasteners at the top of the page, so this is the best way to keep your documents together. Do not print double-sided, as every other page will appear upside-down in light of the top-side binding! Also, do not coil-bind your submissions or otherwise make them difficult to disassemble, because the adjudicator will need to drop your submissions into their own file.

Submissions should be tabbed, either with commercial exhibit tabs, or by creating tabs on your computer that say “Exhibit 1,” etc, in large print on the bottom of the page. Tabs for affirmative filings go on the bottom of the page, and those for defensive filings go on the right side of the page.

Your goal in assembling your asylum packet is to make it as easy as possible for an adjudicator to find the important documents in the packet. It is therefore often a good idea to index the documents specific to your client (medical records, arrest records, letters, etc.) with Exhibit letters (i.e. “Exhibit A,”) and index the country conditions documents with Exhibit numbers (i.e. “Exhibit 1”.) Include brightly colored paper in between new sections of the documentation, for example, before the client’s declaration, before the index, and before the country conditions documents.

If your country conditions documentation is very large, it’s okay to submit it as a separate packet.

You should keep one copy of all submissions for yourself.

Never submit originals of identity documents (passports, drivers’ licenses, government identification cards, birth certificates, etc.) unless ordered to do so by an immigration official. You should send in photocopies and have your client bring the originals to the interview. You should send the asylum application and any subsequent submission via overnight courier service or some other reliable delivery service where, if necessary, you can prove the date of receipt by Citizenship and Immigration Services or the immigration court.

This Manual is intended to provide information to attorneys and accredited representatives. It is not intended as legal advice. Asylum seekers should speak with qualified attorneys before applying.

This handbook is intended for use by pro bono attorneys and immigration attorneys working on LGBTQ/HIV asylum cases.

Self-help asylum guides for LGBTQ and HIV-positive people without attorneys.

Detention Hotline

If you are in detention, call:

Calls from people outside of detention will not be accepted.

For general inquiries, call:

Hours: M-F 9:30am - 5:30pm ET