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How to File for Asylum in the US – A Life-Saving Legal Guide

Filing for Asylum in the United States

Filing for asylum in the United States is a complex legal journey that can offer life-changing protection to individuals fleeing persecution. Whether you’re afraid to return to your home country because of your race, religion, political opinion, nationality, or membership in a particular social group, the process begins with filing Form I-589 and can continue through multiple stages—up to and including appeals. At Shepelsky Law Group, we understand how high the stakes are. Thåat’s why we’ve broken down every key step in the asylum process to help you understand what to expect and how to prepare.

Prepare Form I-589 (Application for Asylum and for Withholding of Removal)

  • Include detailed personal statement (declaration)
  • Attach identity documents (passport, ID, birth cert., etc.)
  • Provide evidence of persecution (photos, news articles, medical/police reports, etc.)
  • Include documents proving entry date (I-94, visa, travel history)

File Form I-589 with USCIS or Immigration Court

  • File within 1 year of last entry unless an exception applies
  • Keep a stamped copy as proof of timely filing
  • Serve a copy on DHS Office of Chief Counsel (if in court)

Receive Receipt Notice (Form I-589) and Acknowledgment

  • Confirm correct mailing address
  • Follow up if not received within 30 days

Receive Biometrics Appointment Notice

Wait for Work Authorization Eligibility (Optional Step)

  • After 150 days from I-589 receipt date, file Form I-765 for EAD
  • USCIS can approve EAD after 180 days (asylum clock must be running)

Receive Notice to Appear (NTA) if USCIS Denies Asylum

Attend Master Calendar Hearings (MCH)

  • First appearance in immigration court
  • Plead to charges, confirm asylum as relief, submit updated I-589 if needed
  • Submit additional evidence, set deadlines
  • Multiple MCHs may be scheduled
  • Submit evidence before court deadline (often 15–30 days before Individual Hearing)
  • Include expert affidavits, country condition reports, psychological evaluations, etc.
  • May submit a legal memorandum or pre-hearing brief

Attend Individual Hearing (Merits Hearing)

  • Full trial-like hearing before immigration judge
  • Asylum seeker testifies and is cross-examined
  • Expert witnesses and supporting witnesses may testify
  • DHS may challenge credibility or eligibility

Judge Issues Decision

  • Oral or written decision granted same day or later
  • If granted: receive asylum approval and eventually can apply for green card after 1 year
  • If denied: judge may order removal

File Appeal with Board of Immigration Appeals (BIA)

  • Must file Notice of Appeal (Form EOIR-26) within 30 days of decision
  • Include brief explaining why the judge’s decision was incorrect (if requested)
  • BIA reviews for legal or factual errors

Await BIA Decision

  • BIA can dismiss appeal (denial stands), remand (send back to judge), or grant relief
  • If dismissed, next step is appeal to federal court (Circuit Court of Appeals)

File Petition for Review in Federal Court (Optional)

  • Must be filed within 30 days of BIA decision
  • Legal arguments only—no new evidence accepted
  • If denied, removal becomes final unless a “stay” is granted

Final Thoughts on Filing for Asylum in the US

Seeking asylum is never just paperwork—it’s your life, your safety, and your future. The process can be overwhelming, but you don’t have to face it alone. Our experienced attorneys at Shepelsky Law Group have helped thousands of immigrants fight for protection, freedom, and a second chance in the U.S.

Call SHEPELSKY LAW GROUP today to schedule a consultation and let’s create a personalized strategy to give your asylum case the strongest chance of success. Your story matters—and we’re here to help you tell it.