Asylum Guide
Charles International Law
This information was last updated on January 3, 2025
Welcome to Charles International Law (“CIL”)! This page is a guide to the asylum process in the United States. CIL is providing you with this information so that you know what to expect in the coming months and so you provide what your attorney will need to get the best possible result in your case. Please use this page as a checklist of the documents and other information you need to provide your attorney.
Basic Instructions and Advice for Using this Guide
Please submit all documentation to CIL in an electronic form unless otherwise stated. As stated in the Welcome to New Clients, please upload the documentation directly to your client portal in Clio for Clients, if possible. If not, email, text message, and WhatsApp are also acceptable for submitting your documentation but are less secure.
For purposes of this Guide and the I-589, Application for Asylum and for Withholding of Removal, the terms “You” or “Applicant” (occasionally “Petitioner”) refer to the person who has experienced the persecution. The family members accompanying him or her are “Derivative Beneficiaries” or “Beneficiaries.”
The U.S. Citizenship and Immigration Service requires English translations of all foreign-language documents. Any foreign-language document must be accompanied by a complete English translation and a certification by the translator that (1) they are competent to translate the foreign language into English and (2) the translation is complete and correct. The certification format must include the certifier's name, signature, address, and certification date.
Certification by Translator
I [typed name], certify that I am fluent [or “conversant”] in English and [foreign language]. I also certify that the above [or “attached”] document is an accurate translation of the document attached entitled “[title of document].”
[Signature] [Date]
[Typed Name]
[Address]
Understanding Asylum
What is “Asylum?”
What is a “Refugee?”
To earn asylum in the United States, you must prove that you meet the international definition of a “refugee” rather than a mere “migrant.” Most of the information your attorney will request is geared towards showing USCIS or the Immigration Court that you satisfy that definition.
The History of U.S. and International Asylum Law
U.S. asylum law is primarily based on its obligations as a signatory to the 1951 United Nations Refugee Convention. The Convention itself was a reaction to a variety of humanitarian crises that developed during World War II, including but not limited to the Holocaust, and the failures of many developed nations to acknowledge and effectively address those crises. At the international level, asylum and refugee programs are managed by the United Nations High Commissioner for Refugees (“UNHCR”).
Asylum within the International Framework for Refugees
At the international level, asylum and refugee programs are managed by the United Nations High Commissioner for Refugees (“UNHCR”). All signatories to the 1951 Convention have certain obligations, but, as sovereign nations, they fulfill those obligations through their own legislation and other laws.
The Asylum Process in the United States
Applying for asylum in the United States involves one or more of two processes: (1) affirmative asylum; of (2) defensive asylum. The affirmative asylum process is run by the U.S. Citizenship and Immigration Services. The defensive asylum process is determined by the Immigration Courts, run by the U.S. Justice Department’s Executive Office for Immigration Review, and the Office of the Principal Legal Advisor, an agency within the Department of Homeland Security that acts as a quasi-prosecutor scrutinizing and arguing against a grant of asylum. Your process usually depends on how you get to the United States.
The Legal Standard for Asylum in the United States
The basic standards for asylum in the United States were established by the Refugee Act of 1980, which brought the U.S. standards into line with the international standards in the 1951 U.N. Convention Relating to the Status of Refugees. For a detailed analysis of the legal standards for asylum in the United States, please see the research guide on that topic.
Again, to earn asylum in the United States, you must prove that you are a “refugee.” But what specific premises support that conclusion?
First, you have to be displaced from your country of origin. In the United States, that element is established procedurally because you cannot apply for asylum until you have reached the United States.
For most people, the most important elements are that (1) you have a reasonable fear, (2) of persecution, and (3) because of one of several enumerated factors. Those factors are (a) a political opinion, (b) your race, (c) your religion, (d) your nationality, or (e) your membership in a particular social group (“PSG”).
Race, religion, and nationality are generally easy to establish. In cases involving those factors, the biggest hurdle is usually proving the reasonableness of your fear.
Political opinions and membership in a particular social group are more complex and sometimes cross over with other factors. You should definitely consult an attorney if you plan to apply for asylum based on a political opinion or membership in a PSG because those standards are nuanced and fraught.
The United States has started to recognize LGBTQ+ people from certain countries where they are routinely persecuted as members of a particular social group. If you think you might qualify for asylum based on your sexuality and the attitudes towards your sexuality in your home country, please consult with one of our attorneys.
Withholding of Removal: an Alternative to Asylum
Individuals facing likely persecution in their countries of origin might also qualify for “withholding of removal.” Although technically a separate remedy from asylum, withholding of removal serves a similar purpose. However, withholding of removal has a slightly higher standard of evidence and comes with fewer benefits than asylum. In the vast majority of cases, an individual seeking asylum should also request withholding of removal as a failsafe. For more information, please see the research guide on withholding of removal.
Forms and Questionnaires
Your attorney needs information that is not necessarily contained in the documentation requested in this guide. Some of it goes into the I-589. Other information is necessary for CIL to properly open your file and check for conflicts of interest. Still other information is required to serve as the starting point for investigating the country conditions underlying your reasonable fear of persecution. As soon as practicable, please complete the following forms:
Documentation Checklist
As soon as possible, please submit the following documents to your attorney:
| Document | Description | |
|---|---|---|
| Photographs | Two identical color passport-style photographs of the petitioner and each beneficiary are required. You can obtain these at most drug stores. | |
| Passport | Please provide copies of the petitioner's and each derivative beneficiaries' passports. Provide copies of each page. Neatly scanned copies of each page are preferred, but neat photographs taken with a mobile phone camera are sufficient (CLS can convert the files)If any party does not have a passport, please inform CLS of that fact in writing. | |
| Birth Certificate | This is optional but highly encouraged by USCIS. Please provide a copy if it is available. You may be asked to bring the originals of your and your family's identification documents to your Asylum Interview. | |
| Military Identification Card | This is optional but highly encouraged by USCIS. Please provide a copy if it is available. You may be asked to bring the originals of your and your family's identification documents to your Asylum Interview. | |
| National Identification Card | This is optional but highly encouraged by USCIS. Please provide a copy if it is available. You may be asked to bring the originals of your and your family's identification documents to your Asylum Interview. | |
| Driver's License | This is optional but highly encouraged by USCIS. Please provide a copy if it is available. You may be asked to bring the originals of your and your family's identification documents to your Asylum Interview. | |
| Social Security Card | Please provide a copy of the petitioner's and each derivative beneficiary's Social Security Number card, if the United States has issued any. If any party does not have a social security number, please inform your attorney in writing. | |
| Identity Documents for Non-Beneficiary Family Members | Provide documents that prove the identity of each family member you are not including as a dependent. These should include the following, if available: A copy (every page) of each relatives' passport; Other government-issued travel documents; U.S. immigration documents | |
| Proof of Relationship for Non-Beneficiary Family Members | Provide documents that prove your familial relationship with each immediate family member you are not including as a dependent. These should include the following, if applicable and available: Birth records of your children; Marriage certificate; Proof of termination of a marriage | |
| Alternative Forms of Identity Documents or Proof of Relationship | If you do not have (and cannot get) personal or family identification, you must try to provide other kinds of evidence. USCIS regards this type of evidence as "secondary evidence." These may include, but at not limited to: Medical records; Religious records; School records; Affidavit from at least one person for each event you are trying to prove. Affidavits may be provided by relatives or others. Persons providing affidavits need not be U.S. citizens or lawful permanent residents. | |
| Written Statement | Your written statement should include events, dates, and details of your experiences that relate to your claim for asylum. Please provide a copy of any written or recorded accounts of your experiences leading to your arrival in the United States. If none are available, do not be concerned: CLS will assist you in drafting a proper statement. | |
| Evidence Proving Your Specific Claim of Eligibility | Evidence may include, but is not limited to, the following: Newspaper articles; Affidavits of witnesses or experts; Medical or psychological records; Doctors' statements; Periodicals; Journals; Books; Photographs; Official documents; Recordings of live testimony from witnesses or experts; Affidavit (statement or letter) from at least one person for each event you are trying to prove. Affidavits may be provided by relatives or others. Persons providing affidavits need not be U.S. citizens or lawful permanent residents. | |
| Employment Authorization Cards | Please provide copies of any Employment Authorization cards issued to either the Petitioner or any derivative beneficiary. Make sure the A-number (i.e. "USCIS #") is visible and readable. | |
| Prior Immigration Proceedings of the Beneficiary | If the Beneficiary has been the subject (directly or indirectly) of any prior immigration proceedings, please provide as much documentation on those proceedings as possible. At a minimum, please provide the: Type of proceeding; Location of the proceeding; and Date of the proceeding. | |
| Latest I-94 | Retrieve from CBP webpage |
Other Helpful Resources:
See Also:
CIL Guide to the Circumvention of Lawful Pathways Rule
