Introduction
Misinformation about the asylum process can be very distressing. It is estimated that millions of people are trying to find safe haven in the United States alone. Knowing the 4 basic steps to start your journey, with the right support along the way, to go through the process of your asylum application and gain necessary protection to start building a new life here safely, is empowering to asylum seekers.
Understand Asylum: Definition and Importance
Right now, there are millions of people worldwide who are trying to find a safe haven to call home and are attempting to seek asylum in the U.S. If you are trying to seek safe haven through asylum in the U.S., knowing your rights to seek asylum can be an important step to begin your journey to safety.
Asylum is not only a safe haven for people who are trying to escape persecution in their home countries, but it can also be a means to rebuild and start anew in a safe country. The process of seeking safe haven through seeking asylum can be a very long and difficult process that can take years to reach a safe conclusion.
A single error of a missed deadline or not having sufficient evidence to establish an asylum application can be particularly tough on someone who is hoping to find safe haven. Having an experienced asylum lawyer by your side can make all the difference and can mean the difference between having a future and not having a future.
Initiate the Asylum Process: Arrival and Interviews
There are many individuals that arrive to the United States looking for refuge from persecution in their country of origin. If you are entering the United States seeking protection then you must first establish physical presence in the U.S. at a port of entry or within the U.S. borders. It is very important to inform any immigration official that you encounter that you are an asylum seeker looking for protection from persecution.
Often this initial notification can be verbal during an initial interview with an Immigration Officer who will conduct a credible fear interview to determine whether you have a credible fear of persecution that would protect you if you were to be returned to your home country. It is very important to explain as much detail as possible, along with any supporting documentation that you have regarding your fear of persecution.
If you are found to have a credible fear of persecution then you will be referred to an Immigration Court where you will proceed with the asylum application in the refugee process by completing and filing the asylum application, Form I-589.
William Vasquez, founder of Vasquez Law Firm states, “When it comes to filing an asylum application it is very important to file on time, ideally within one year from date of entry, and that you have experienced asylum attorneys represent you throughout the process as it could increase your chances of being granted asylum.”
Our Atlanta Immigration and Asylum Law Firm provides 100% free initial consultations 24/7 and are able to assist with all of your immigration emergencies whether it be explaining your right to remain silent and right to an attorney during an Immigration encounter such as an ICE enforcement action or deportation proceedings.
In addition to processing asylum applications there is an annual filing fee of $102 to file the asylum application (Form I-589) and recently the USCIS Atlanta Asylum Office opened on July 8, 2026.
File Your Asylum Application: Affirmative and Defensive Processes
Many Asylum seekers start their Asylum seeking process by filing out a protection application with U.S. Citizenship and Immigration Services (USCIS) on Form I-589. If the individual is NOT in removal proceedings then they can file their Asylum application AFFIRMATIVELY with USCIS. However, if the individual is in removal proceedings THEN they will file their Asylum application DEFENSIVELY with the immigration judge hearing their removal proceedings. It is critical that the Asylum seeker prepare and submit the complete Asylum application and supporting documentation i.e. personal statement and documentation of persecution in their home country WITHIN ONE YEAR of entry into the United States.
However, merely filing a positive claim for refuge in the U.S. is not enough. Asylum applying individuals and refugees alike must wait for a long time for a decision on their protection application. Over 400,000 positive claims for asylum were filed every year for the past three fiscal years, but the amount of time that asylum applying individuals have to wait for a decision on their protection application has increased to nearly two years. Currently there are over 1.5 million refugee cases pending, and the average processing time for an affirmative refugee petition for fiscal year 2024 is 22.8 months. Completing the asylum application in a timely and complete manner can help ensure that the case is processed in a timely manner and that there are not any problems with pending applications that have been left to sit idle for long periods of time.
New Fees on Refugees: For Fiscal Year 2016 refugee applicants whose affirmative petitions are processed by USCIS in more than 1 year from the date of filing will be required to pay a yearly fee of $102 until their cases are denied or approved. Reforms to the Refugee Admissions Program are also proposed to transfer all aspects of alien refugee admissibility determination from the immigration court system to USCIS where the processing times and case file backlogs can more likely be controlled.
Completing out Form I-589 is a critical step to seeking asylum and Refugee Status and Assistance at Immigration Services’ website. Learn more about completing both affirmative and defensive requests for protection as an asylum seeker.
Navigate Post-Application Scenarios: Outcomes and Next Steps
As an individual navigating through the asylum seeking process, you are not alone. While there are numerous steps in the asylum seeking process after filing for protection, there are a few items that applicants can anticipate in the immediate days after filing their affirmative refuge applications.
Within days of filing the affirmative refuge applications last year, applicants received their receipt notices with confirmation numbers and the date and time for their respective biometrics appointments. The biometrics appointments consist of taking applicants’ fingerprints and background information.
Statistics released from last year reported that the affirmative refuge applications processed had an approval rate of more than 80%. As with any part of the asylum process, just because an individual’s asylum application is denied, does not necessarily mean the end of the road. Denials are appealable to the immigration court where other aspects of an individual’s immigration status can be explored and argued.
Keeping track of an individual’s case as well as promptly responding to correspondence from USCIS as well as the immigration court are critical. The amount of time that it takes to complete processing for the steps in the asylum process can vary significantly from a few months to several years or more.
In North Carolina, all asylum cases are heard at the Charlotte Immigration Court. Subpoenas as well as other aspects of potential immigration enforcement actions can affect asylum applicants and their rights. Knowing an individual’s rights is imperative in such situations.
An individual seeking assistance for other immigration concerns as well as those who have received a subpoena; for example, a subpoena; who are facing deportation; or who have been charged with a crime, should seek the assistance of an immigration attorney 24/7.
Here at Vasquez Law Firm, we are available 24 hours a day to address your immigration concerns and we offer free consultations. Call us today.
Conclusion
So many of our clients come to our office not knowing where to start in the asylum process. But you don’t have to go through the asylum process alone. Below, Vasquez Law Firm has outlined the asylum process step by step to inform you of what to do when you arrive at a particular step. As you read through these steps, you will notice that the key things that one must know about filing an asylum application are:
- How to timely file
- The difference between an affirmative asylum application and a defensive asylum application
- How to present sufficient evidence to support your claim
As you can tell, the asylum process is very complex and knowing experienced asylum representation is key. For example, at Vasquez Law Firm, we receive an over 80% approval rate for affirmative asylum applications. We at Vasquez Law Firm are committed to timely and adequate preparation for the submission of the application in order to reach the best possible result in such complex proceedings.
It can be difficult for individuals traveling to a country hoping for asylum. They must navigate a very complex and often uncertain process. However, with the proper guidance from very knowledgeable immigration lawyers, individuals traveling to this country can receive the assistance they need with their asylum applications. Vasquez Law Firm is here to help asylum seekers. We can provide you with free assistance to determine whether you may be eligible for asylum. If so, we can assist you with the filing of your asylum application. Our experienced immigration attorneys are available 24 hours a day and 7 days a week to assist with any urgent matters and to provide assistance with the very first steps to seeking the hope of safety for you and your loved ones through asylum here in the United States.
Frequently Asked Questions
What is asylum?
Asylum is a form of protection granted to individuals who are fleeing persecution in their home countries, allowing them to seek safety and rebuild their lives in another country, such as the U.S.
Why is seeking asylum important?
Seeking asylum is crucial for individuals escaping persecution, as it provides them with a safe haven and the opportunity to start anew in a secure environment.
What challenges do individuals face when seeking asylum?
The asylum process can be lengthy and complex, often taking years to resolve. Mistakes such as missed deadlines or insufficient evidence can significantly hinder an application.
How can an asylum lawyer assist in the process?
An experienced asylum lawyer can provide essential guidance throughout the asylum process, helping to navigate legal complexities and improve the chances of a successful application.
List of Sources
- Understand Asylum: Definition and Importance
- Refugee Statistics | USA for UNHCR (https://unrefugees.org/refugee-facts/statistics)
- How US Asylum Law Works: Key Facts for 2026 | Vasquez Law Firm (https://vasquezlawnc.com/blog/us-asylum-law)
- DHS Proposes Rule to Prioritize Americans' Safety by Strengthening Screening of Asylum Seekers | USCIS (https://uscis.gov/newsroom/news-releases/dhs-proposes-rule-to-prioritize-americans-safety-by-strengthening-screening-of-asylum-seekers)
- In Blow to Asylum Rights, Supreme Court Allows Trump Administration to Block Asylum Seekers at Border - American Immigration Council (https://americanimmigrationcouncil.org/press-release/supreme-court-allows-trump-to-block-asylum-seekers)
- Initiate the Asylum Process: Arrival and Interviews
- How US Asylum Policy Works and What It Means in 2026 | Vasquez Law Firm (https://vasquezlawnc.com/blog/us-asylum-policy)
- What an Asylum Decision Means for You in 2026 | Vasquez Law Firm (https://vasquezlawnc.com/blog/asylum-decision)
- US Court Upholds Right to Seek Asylum (https://hrw.org/news/2026/04/29/us-court-upholds-right-to-seek-asylum)
- How are laws changing for asylum seekers? (https://asaptogether.org/en/law-changes-jan-2025)
- How to Apply for Asylum in North Carolina 2026 | Vasquez Law Firm (https://vasquezlawnc.com/blog/apply-asylum-north-carolina-2026)
- File Your Asylum Application: Affirmative and Defensive Processes
- How are laws changing for asylum seekers? (https://asaptogether.org/en/law-changes-jan-2025)
- New Proposed DHS Rule Effectively Ends Work Authorization for Asylum Applicants (https://tracreports.org/reports/772)
- Policy Brief: Modernizing America’s Asylum System (https://aila.org/library/policy-brief-modernizing-americas-asylum-system)
- Navigate Post-Application Scenarios: Outcomes and Next Steps
- How New Asylum Approval Rules Affect You in 2026 | Vasquez Law Firm (https://vasquezlawnc.com/blog/asylum-approvals-new-rules)
- How are laws changing for asylum seekers? (https://asaptogether.org/en/law-changes-jan-2025)
- New Proposed DHS Rule Effectively Ends Work Authorization for Asylum Applicants (https://tracreports.org/reports/772)
- Understanding the USCIS Pause on Asylum and Certain Immigration Applications (https://asianlawcaucus.org/news-resources/guides-reports/travel-ban-asylum-immigration-benefits)
- Welcome.US (https://welcome.us/policy-updates/recent-policy-news)
