See Questions & Answers: Credible Fear Screenings for more information on the credible fear process. Customs and Border Protection (CBP) trying to enter the United States without proper documentation, were placed in the expedited removal process, and were found to have a credible fear of persecution or torture by an asylum officer. port of entry without proper legal documents or in violation of their immigration status or Were apprehended in the United States or at a U.S.They are placed in removal proceedings because they:.They are referred to an immigration judge by USCIS after they have been determined to be ineligible for asylum at the end of the affirmative asylum process, or.Individuals are generally placed into defensive asylum processing in one of two ways: For asylum processing to be defensive, you must be in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR). Defensive Asylum Processing with EOIRДЄ defensive application for asylum occurs when you request asylum as a defense against removal from the United States. Please see the Affirmative Asylum Process for step-by-step information on applying for asylum through the affirmative asylum process. Immigration and Customs Enforcement (ICE). Affirmative asylum applicants are rarely detained by U.S. For more information, please see Permission to Work in the United States. Asylum applicants are not authorized to work unless you meet certain requirements. If you are found ineligible, you can remain in the United States while your Form I-589 is pending with the immigration judge. You may live in the United States while your Form I-589 is pending before USCIS. For more information, please see What Happens After You File Your Form I-589 With USCIS.

To determine where to file your Form I-589, follow the instructions under the вЂњWhere to FileвЂќ section on our Form I-589 page. If you were previously issued an NTA that was not filed and docketed with the EOIR immigration court, or your previously issued NTA was filed and docketed with EOIR either shortly before (within 21 days) or after you filed your Form I-589 with USCIS, USCIS will refile your NTA (if necessary) and send your Form I-589 to the immigration court for adjudication. See the section вЂњDefensive Asylum Processing With EOIRвЂќ below if this situation applies to you. In certain circumstances, if USCIS does not have jurisdiction over your case, the asylum office will issue a Form I-863, Notice of Referral to Immigration Judge, for an asylum-only hearing. This means that the judge conducts a new hearing and issues a decision that is independent of the decision made by USCIS. The immigration judge conducts a вЂњde novoвЂќ hearing of the case. If your case is not approved and you do not have a legal immigration status, we will issue a Form I-862, Notice to Appear (NTA), and refer your case to an immigration judge at the Executive Office for Immigration Review (EOIR). You may apply for affirmative asylum by submitting Form I-589, Application for Asylum and for Withholding of Removal, to USCIS.

You filed within a reasonable amount of time given those circumstances.

Changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances relating to the delay in filing and.

You must apply for asylum within one year of the date of your last arrival in the United States, unless you can show: You may apply for asylum regardless of how you arrived in the United States or your current immigration status.

To obtain asylum through the affirmative asylum process you must be physically present in the United States.

How to get to the asylum in destiny