News & Insights

1. Filing Within the One-Year Deadline

Under U.S. immigration law, asylum applicants must generally file Form I-589 within one year of their last arrival in the United States, as per Section 208(a)(2)(B) of the Immigration and Nationality Act (INA). Missing this deadline without a qualifying exception can result in your application being denied.

To comply with this strict timeline, you should prioritize submitting your Form I-589 even if all your supporting documents, such as certified translations of birth records, are not yet ready. USCIS and the Immigration Court understand that certain documents may take time to obtain and allow for supplemental filings.

2. Submitting Additional Evidence Later

After filing your asylum application, you can submit additional evidence, including birth records and their certified translations, at a later stage. Here’s how:

• USCIS Asylum Office Cases: If your case is handled by USCIS, you may bring additional documents, including birth records, to your asylum interview. Ensure that all translations meet the certification requirements outlined in 8 CFR § 103.2(b)(3).
• Immigration Court Cases: If your case is referred to the Immigration Court, you can submit supplemental evidence to the court before your individual hearing. Always follow the court’s filing deadlines and instructions for submitting documents.

3. Certification Requirements for Translations

U.S. regulations require that all foreign-language documents submitted as part of an asylum application must be accompanied by a complete and accurate certified translation. The translator must certify that they are competent to translate the document and that the translation is accurate. This requirement ensures that immigration officials can properly review your evidence.

4. Practical Tips for Asylum Seekers

• File on Time: Do not delay filing Form I-589 because you are waiting for translations or other documents. Missing the one-year deadline can jeopardize your case.
• Keep Records: Retain proof of submission for all documents filed later, such as receipts from the Asylum Office or Immigration Court.
• Notify USCIS or the Court: Inform the appropriate authority of your intent to supplement your application with additional evidence.
• Seek Legal Guidance: Consult an experienced immigration attorney or accredited representative to ensure compliance with procedural requirements and to maximize the strength of your case.