What are the steps of the asylum process in immigration court?
If you have a case in immigration court, you can apply for asylum by submitting an asylum application (Form I-589) to the immigration court and attending all your court hearings. The immigration court sends important information by mail, so it is important to update your address if you move!
Here are the general steps of the immigration court process:
U.S. government officials should give you a Notice to Appear (“NTA”). It is a good idea to check that your information on your NTA is correct. Keep it in a safe place.
Check the immigration court system every week to learn when you have your first court hearing scheduled. The first hearing is called a “master calendar hearing” and is usually very short. You may have more than one master calendar hearing depending on your situation (for example, if you ask for more time to find an attorney).
Attend all your immigration court hearings. If you miss a hearing, the immigration judge will most likely order your deportation.
Submit your asylum application (Form I-589) to the immigration court, within one year of the date you arrived in the United States. You can ask the immigration court to give you a stamped copy of the first page to save for your records, although this is not required.
Submit a copy of the first three pages of your asylum application to a different immigration agency called, the United States Citizenship and Immigration Services (USCIS). USCIS should mail you a receipt notice for your asylum application.
USCIS should then mail you a notice for a biometrics appointment to collect your fingerprints. Take your notice to your biometrics appointment.
Apply for a work permit. Asylum seekers can apply for a work permit 150 days after they submit their asylum applications.
After receiving your asylum application, the immigration court should schedule an “individual hearing.” This is a longer hearing to explain more about your asylum case.
Submit evidence in writing to support your asylum case before your individual hearing. The immigration judge should tell you a deadline for doing this.
Go to your individual hearing and present your asylum case.
After the individual hearing, the immigration judge will decide whether or not to grant asylum. The judge may tell you their decision during the hearing, or you might receive the decision in the mail. If the immigration judge grants you asylum, you and family members that you included in your asylum application will receive asylum. If an immigration judge decides not to grant you asylum, you can fight the judge’s decision by starting an appeal to the Board of Immigration Appeals within 30 days.