General Information of Filing an Asylum
Basic Facts of Eligibility of Asylum
The INA states that any noncitizen in the United States may apply for asylum. Specifically, the asylum applicant may claim based on their true scenarios of:
Past Persecution or
a Well-founded fear of future persecution or both
According to INA §101(a)(42)(A); title 8 C.F.R. § 1208.13(b), the applicant must prove the four elements of:
(1) harm constituting persecution, (2) protected ground, (3) nexus, and (4) state action.
Not Entitling an Asylum Interview at USCIS
USCIS clearly states that the following categories of individuals are not entitled to an asylum interview at a USCIS asylum office such as:
Certain alien crewmembers
Certain stowaways
Visa Waiver Program applicants for admission
Visa Waiver Program overstays and status violator
Certain aliens ordered removed under section 235(c) of the INA on security-related grounds; and
Aliens granted “S” nonimmigrant status under section 101(a)(15)(S) of the INA (such as witnesses and informants)
What will happen if applying for Asylum based on the above categories?
If the applicant (from one of the above categories) filed with USCIS directly, the asylum office will forward their asylum application to the appropriate Immigration Court for jurisdiction change. If the applicant is an alien crewmember in custody, and he/she have been given the Form I-589 for the consequences of knowingly filing a frivolous asylum application, the applicants have 10 days to submit their completed Form I-589 to the U.S. Immigration and Customs Enforcement (ICE) Field Office Director having jurisdiction over the Port of Entry at which your vessel arrived. Once they file the application, the Field Office Director will forward their application (I-589) to the appropriate Immigration Court.
Status While Asylum Application is Pending
While their case is pending, the applicants are expected to remain in the United States. After asylum interview, if they have not been granted asylum and appear to be removable under section INA 237, 8 U.S.C. 1227, or inadmissible under section 212 of the INA, 8 U.S.C. 1182, their case will be referred to the appropriate Immigration Court for adjudication in removal proceedings.
