Asylum

Asylum Process within Department

Step 1: Initial Interview and Case Assessment

Objective : Understand the child’s background, reasons for fleeing their home country, and eligibility for asylum. Conduct a thorough and trauma-informed interview to gather detailed information about the child’s experiences, including any persecution or fear of harm based on race, religion, nationality, political opinion, or membership in a particular social group.

Assess whether the child may qualify for other forms of relief (e.g., Special Immigrant Juvenile Status (SIJS), U visa, T visa) if they do not meet asylum criteria.

Explain the asylum process clearly to the child and their guardian (if applicable), emphasizing confidentiality and trust.

Document all relevant facts and evidence that support the asylum claim, such as personal statements, witness accounts, or country condition reports.

Step 2: Completing Form I-589, Application for Asylum

Objective : Prepare and file the asylum application accurately and within deadlines.

Assist the child in completing Form I-589 , the official application for asylum. Ensure all sections are filled out completely, including biographical information, a detailed narrative of the child’s persecution or fear of persecution, and any supporting documentation.

Draft a compelling declaration or affidavit summarizing the child’s story and attach it to the application. Include corroborating evidence, such as medical records, police reports, or letters from experts familiar with conditions in the child’s home country.

Double-check the filing deadline: Asylum applications must generally be filed within one year of the child’s arrival in the U.S., unless an exception applies.

Submit the completed I-589 package to U.S. Citizenship and Immigration Services (USCIS). Keep copies of all submitted materials for your records.

Model Asylum Documents

• Model Cover Letter
• Model Country Conditions
• Example Packet

Step 3: Preparing for Biometrics Appointment

Objective : Guide the child through the biometrics process, which involves fingerprinting and photographing. After submitting the I-589, the child will receive a Notice of Biometrics Services Appointment (Form I-797C) via mail. This notice specifies the date, time, and location of the appointment.

Explain to the child what to expect during the biometrics appointment, including fingerprinting, taking photographs, and providing a signature. Reassure them that this step is routine and does not involve questioning or interviews.

Ensure the child attends the appointment on time and brings the required documents, such as the appointment notice and identification (if available). Accompany the child to the appointment if necessary to provide support.

Additional Portion: Assisting with Work Authorization After Biometrics

Objective : Help the child apply for employment authorization once eligible.

Eligibility : A child can apply for work authorization (Employment Authorization Document, or EAD) 150 days after filing the asylum application , provided no decision has been made on the case.

Assist the child in completing Form I-765 , Application for Employment Authorization. Ensure all fields are accurate, especially those related to asylum eligibility. Gather required supporting documents, such as copies of the I-589 receipt notice and proof of identity (e.g., passport, birth certificate).

File the completed I-765 form with USCIS and track its progress. Once approved, the child will receive their EAD card by mail, allowing them to legally work in the United States. Provide guidance on how to use the EAD effectively, including tips on job searching and understanding workplace rights.

Key Considerations

Trauma-Informed Approach : Many unaccompanied children have experienced significant trauma. Use age-appropriate language, patience, and empathy throughout the process.

Timeliness : Missing deadlines or appointments can jeopardize the child’s case. Maintain a calendar to track important dates and follow up regularly.

Confidentiality : Protect the child’s privacy at all times, especially when discussing sensitive details of their case.

By following these steps, you will help ensure that the child receives competent legal representation while navigating the asylum process and pursuing opportunities for stability and self-sufficiency.