Laramie, WY asked in Immigration Law for Wyoming

Q: How to file an asylum we are having C1/D Visa

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1 Lawyer Answer
Carl Shusterman
Carl Shusterman
  • Immigration Law Lawyer
  • Los Angeles, CA

A: If you successfully make it past a border or entry point and into the U.S., you'll have more time to apply for asylum. In fact, you can take up to a year after entering the U.S. to start the process. (If that deadline has passed, talk to an attorney—exceptions are possible, and USCIS may show leniency when it comes to the deadline.)

Your first step in applying for asylum will be to fill out USCIS Form I-589 and mail it to USCIS together with other documents you'll be asked to provide. One of the most important will be a detailed affidavit which needs to contain specific facts that you're prepared to explain orally, as well.

Also consider applying for backup forms of relief, such as Withholding of Removal, or protection under the Convention Against Torture.

It's also wise to include documents that back up your claim. Documents of a personal nature are ideal, such as a newspaper article about your arrest, a group membership card (if affiliation with that group led to your persecution), or medical records showing injuries you suffered from being beaten or tortured. Even if you don't have this kind of documentation, a well-prepared case should show that conditions in the country you fled from match what you've described in your affidavit. For example, if you're claiming that the government regularly threatens dissidents, it would help to have international press articles or reports by human rights organizations confirming this.

You'll be scheduled to attend an interview at a USCIS asylum office—eventually. As of early 2018, the wait for an asylum interview ranged from two to four years, depending on region. USCIS has an online Affirmative Asylum Scheduling Bulletin that you can check to see how long you may have to wait.

An attorney can help you prepare for your interview and even attend along with you. If you don't speak English, you'll also need to bring your own interpreter to the interview.

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