News & Insights

1. Understanding the Asylum Process and Deadlines

Asylum applications in the U.S. are governed by the Immigration and Nationality Act (INA) and associated regulations (8 C.F.R. §208). Once an asylum application (Form I-589) is filed, the applicant enters a process overseen by U.S. Citizenship and Immigration Services (USCIS) or an immigration court if referred.

Key Points:

• The One-Year Filing Deadline: You must generally file for asylum within one year of entering the U.S., unless you qualify for exceptions due to changed or extraordinary circumstances (INA §208(a)(2)(D)).
• 150-Day Employment Authorization Clock: The 150-day waiting period starts from the date your application is filed and acknowledged by USCIS or the court.

2. Determining the Status of Your Original Application

Before considering a new application, check the status of your current asylum case. Use the USCIS Case Status Online tool or contact the USCIS Contact Center for assistance.

If your case is with the Executive Office for Immigration Review (EOIR), use their Automated Case Information system to check its status.

3. Can You Reapply for Asylum?

According to asylum regulations, individuals cannot file a second asylum application while a previous one is pending (8 C.F.R. §208.4(a)). Instead, you can amend or supplement your existing application if necessary. Refiling is only possible if your original application was withdrawn, denied, or dismissed and you qualify to reapply under the law.

4. Filing or Managing Your Case Online

Steps to File or Update Your Application:

• Create a USCIS Online Account: This account allows you to file and manage applications electronically. Visit my.uscis.gov to get started.
• Prepare Form I-589: Download and complete Form I-589 from the USCIS website. Follow the instructions carefully to ensure accuracy.
• Submit Online or via Mail: Submit your application and supporting documents online through your USCIS account or mail them to the appropriate USCIS Lockbox, as specified in the form’s instructions.

5. Seek Legal Assistance

Navigating the asylum process alone can be challenging. Consider consulting a qualified immigration attorney or nonprofit legal service provider for assistance. Free or low-cost resources are available through organizations such as:

• American Immigration Lawyers Association (AILA)
• Catholic Legal Immigration Network, Inc. (CLINIC)

6. Important Notes

• If you lost your application receipt, you can request a copy of your records through a Freedom of Information Act (FOIA) request.
• Filing a second application without resolving the first may lead to complications or delays in your case.