Steps in the asylum process in immigration court
If you need to have your case heard in immigration court, you have the option of applying for asylum by filing Form I-589 and going to the appropriate court, where you will need to attend all scheduled hearings. Since important notices from the immigration court will be sent by mail, it is important to update your address when necessary, such as when you change your residence.
In general terms, the following steps in the immigration court process can be outlined:
1) If you have been formally notified to appear in immigration court, you should obtain a Form I-862, Notice to Appear, which will be provided to you by U.S. government officials or mailed to you. It is important to keep this form in a safe place.
2) For information about scheduled hearings, you should regularly check the Immigration Court system for the date and time of the first hearing, known as the "Master Hearing." This hearing is usually brief, but depending on your situation, you may need more than one such hearing, for example, if you need time to find an attorney. The judge may often insist that you find an attorney before rescheduling your first hearing.
3) It is important to show up for all scheduled immigration court hearings, even if they are only listed on your Form I-862 but do not show up in the court system online or through your phone. If you miss a hearing, the immigration judge will likely order your deportation.
4) You should apply for asylum by filing Form I-589 with an immigration court within one year of your arrival in the United States. If your Form I-589 is not ready by the time of the Master Hearing, the judge will not be able to schedule your final hearing and will give you additional time by scheduling a new first hearing. If you fail to submit Form I-589 multiple times at the hearing, the judge may order deportation even if it has not yet been a year since you arrived in the United States.
5) You should then send a copy of the first three pages of your asylum application to USCIS. You will receive a notification that your asylum application has been received.
6) US Citizenship and Immigration Services (USCIS) should send you a notice of a call for biometric fingerprinting within a few months. It is important not to miss this call and show up for the appointment.
7) As you continue the process, apply for work authorization and SSN using Form I-765. Asylum seekers may apply for work authorization 150 days after filing their asylum application. It is important to remember that the 150 day period begins when Form I-589 is accepted by the court, not when you arrive in the United States.
8) After receiving your asylum application and conducting a Master Hearing, the immigration court must schedule a final Individual Hearing. This hearing is a longer and more detailed hearing where you are given the opportunity to present your asylum situation in more detail.
9) Before the Individual Hearing, you should provide additional written evidence to support your asylum case. The immigration judge must give you a deadline for this. The deadline is usually 2-4 weeks before the final hearing.
10) Attend the individual hearing and defend your asylum case.
11) At the end of the individual hearing, the immigration judge will decide whether to grant asylum. The judge may tell you his or her decision directly at the hearing or mail it to you. If the immigration judge grants you asylum, you and any family members listed on your asylum application will be granted asylum status.
12) If the Immigration Judge decides to deny you asylum, you have 30 days to appeal the decision to the Board of Immigration Appeals.
In general terms, the following steps in the immigration court process can be outlined:
1) If you have been formally notified to appear in immigration court, you should obtain a Form I-862, Notice to Appear, which will be provided to you by U.S. government officials or mailed to you. It is important to keep this form in a safe place.
2) For information about scheduled hearings, you should regularly check the Immigration Court system for the date and time of the first hearing, known as the "Master Hearing." This hearing is usually brief, but depending on your situation, you may need more than one such hearing, for example, if you need time to find an attorney. The judge may often insist that you find an attorney before rescheduling your first hearing.
3) It is important to show up for all scheduled immigration court hearings, even if they are only listed on your Form I-862 but do not show up in the court system online or through your phone. If you miss a hearing, the immigration judge will likely order your deportation.
4) You should apply for asylum by filing Form I-589 with an immigration court within one year of your arrival in the United States. If your Form I-589 is not ready by the time of the Master Hearing, the judge will not be able to schedule your final hearing and will give you additional time by scheduling a new first hearing. If you fail to submit Form I-589 multiple times at the hearing, the judge may order deportation even if it has not yet been a year since you arrived in the United States.
5) You should then send a copy of the first three pages of your asylum application to USCIS. You will receive a notification that your asylum application has been received.
6) US Citizenship and Immigration Services (USCIS) should send you a notice of a call for biometric fingerprinting within a few months. It is important not to miss this call and show up for the appointment.
7) As you continue the process, apply for work authorization and SSN using Form I-765. Asylum seekers may apply for work authorization 150 days after filing their asylum application. It is important to remember that the 150 day period begins when Form I-589 is accepted by the court, not when you arrive in the United States.
8) After receiving your asylum application and conducting a Master Hearing, the immigration court must schedule a final Individual Hearing. This hearing is a longer and more detailed hearing where you are given the opportunity to present your asylum situation in more detail.
9) Before the Individual Hearing, you should provide additional written evidence to support your asylum case. The immigration judge must give you a deadline for this. The deadline is usually 2-4 weeks before the final hearing.
10) Attend the individual hearing and defend your asylum case.
11) At the end of the individual hearing, the immigration judge will decide whether to grant asylum. The judge may tell you his or her decision directly at the hearing or mail it to you. If the immigration judge grants you asylum, you and any family members listed on your asylum application will be granted asylum status.
12) If the Immigration Judge decides to deny you asylum, you have 30 days to appeal the decision to the Board of Immigration Appeals.