Asylee Visa: Protection for Persecuted Individuals Seeking Safety in the U.S.
Seeking Refuge in the United States? Apply for Asylum
The Asylee Visa (Asylum Status) is designed for individuals who have suffered persecution or have a well-founded fear of persecution in their home country due to:
- Race
- Religion
- Nationality
- Political Opinion
- Membership in a Particular Social Group
If granted asylum, the individual can stay in the U.S. indefinitely, work legally, and apply for a Green Card after one year.
Why Apply for Asylum in the U.S.?
- Protection from Persecution: Safe refuge from violence, oppression, and threats.
- Work Authorization: Employment eligibility after filing for asylum (Form I-765).
- Path to Permanent Residency: Apply for a Green Card (Form I-485) after one year.
- Family Sponsorship: Bring spouse and children under 21 through Derivative Asylum (Form I-730).
What is an Asylee Visa?
The Asylee Visa (Asylum Status) is granted to individuals who have fled their home country due to persecution or threats of harm. Unlike Refugee Status, which requires applicants to apply from outside the U.S., asylum seekers must be physically present in the U.S. when applying.
If granted asylum, an individual can:
- Live and work in the U.S. indefinitely
- Apply for a Green Card after one year
- Sponsor family members to join them in the U.S.
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How to Apply for Asylum in the U.S.
Apply for Asylum (Form I-589)
- File Form I-589 (Application for Asylum and for Withholding of Removal) within one year of arrival in the U.S.
- No application fee is required.
Attend Biometrics Appointment
USCIS schedules a biometrics (fingerprinting) appointment.
Interview with USCIS Asylum Officer
- The applicant attends an asylum interview at a USCIS asylum office.
- If denied asylum, applicants may be referred to an immigration judge for a court hearing.
Receive Asylum Decision
If granted asylum, the applicant receives protection in the U.S. and can apply for benefits.
Apply for a Green Card (Form I-485)
After one year of being an asylee, applicants can file Form I-485 for a Green Card.
Eligibility Requirements for Asylum
To qualify for asylum in the U.S., an applicant must:
- Be physically present in the U.S.
- Demonstrate a well-founded fear of persecution in their home country.
- Prove persecution is based on race, religion, nationality, political opinion, or social group membership.
- Apply within one year of arriving in the U.S. (unless eligible for an exception).
Required Documents for Asylum Application
- Form I-589 (Application for Asylum and for Withholding of Removal)
- Proof of identity (passport, birth certificate, national ID)
- Evidence of persecution (witness statements, news articles, police reports, medical records)
- Affidavit explaining the applicant’s fear of returning home
- Supporting documents proving country conditions
Processing Time for Asylum Cases
- Biometrics Appointment: 2–4 weeks after filing.
- Asylum Interview: Typically 6 months to 2 years after application.
- Decision: May take several months to years, depending on the case.
- Green Card Eligibility: After 1 year of approved asylum status.