Know Your Rights
How to apply for asylum
Generally, asylum applications must be submitted within one year of your arrival to the United States. The filing process is free.
Asylum application:
Form I-589, Application for Asylum and for Withholding of Removal
Instructions:
Documents needed for submission:
Birth certificate with certified English translation
Form I-94
Copy of your passport
Two passport style photographs
After submitting the form and supporting documents, you will be notified to submit your biometrics or fingerprints. You must attend this appointment and be fingerprinted in order to be considered for asylum. If you cannot attend the biometrics appointment, follow the instructions on the notice to reschedule.
Next, you will receive an interview notice. During this interview, an Asylum Officer will listen to your story and review your supporting evidence to make a determination about whether they believe you are eligible for asylum.
Prior to the interview, it is a good idea to submit additional supporting evidence of your asylum claim. If you have an attorney, they can help you with this. If you do not have an attorney, examples of additional evidence include but are not limited to:
sworn personal statements,
sworn witness statements,
reputable country conditions from Human Rights Watch, Human Rights Commission, RefugeeOne, etc.,
death certificates,
threats,
photographs of injuries,
news articles.
You must show that it is more likely than not that you will be persecuted (harmed) if you are forced to return to your home country.
After the interview, you will receive a decision from the asylum officer stating either
your asylum application has been granted, or
your asylum application has been referred to immigration court for an immigration judge to take a second look.
If your case is referred to immigration court it is highly recommended that you find an attorney that can represent you.
Work Authorization
After submitting your asylum application, you will be able to apply for work authorization in the United States while your case is pending.
After your asylum application has been pending 150 days, you may apply for work authorization using form I-765, but if you are eligible to apply for ASAP/CASA membership, you may be able to apply for work authorization sooner.
Advice for Parents
Make sure to have documents that prove parentage. This is especially important for biological fathers.
Make sure to have your child’s vaccination records.
Any child, regardless of status, can enroll in a public school in the United States. They can enroll as soon as they arrive. In order for a child to enroll, they will need to provide proof of residence and their vaccination records.
If your children have citizenship status, then they are eligible for food stamps and other public benefits. A parent, regardless of status, can request these on behalf of the child.
Remember that it is illegal to remove a child from a country without the consent of both parents. You must go through court even if you do not have status in the United States.
Encountering Law Enforcement
Do not carry documents that show which country you are from, such as passports or cards from your country of origin.
If you are in Chicago, apply for a CityKey ID instead. For more information about CityKey, visit this link.
Other ID options include a temporary driver’s license. Remember, do not drive if you do not have a driver’s license. Driving without a valid license can result in serious consequences.
If you do not have immigrant status, it is important to prepare and protect yourself and your family:
Gather all of your important documents in a safe place. Tell someone you trust where these documents are. If you have children, talk to a trusted family member or friend about temporary guardianship (temporary guardian should be Lawful Permanent Resident [green card holder] or a U.S. Citizen). These documents include birth certificates, vaccination records and hospital records, marriage certificates, emergency contacts, names of your children’s doctors, and temporary guardianship documents.
If you want more information about preparing yourself and your family in case of an emergency or detention, please click here.
Issues due to language barriers can arise. That is why it is important to be prepared. If you encounter law enforcement, be prepared to provide proof of residence, proof of family members who are citizens or long-term residents, and authorization to work if you have it.