TPS Holder Applying Asylum

Applying for Asylum as a TPS Holder

TPS Holder Applying Asylum. Temporary Protected Status (TPS) holders can apply for asylum if they fear persecution in their home country. Asylum offers protection to individuals who meet the definition of a refugee, allowing them to remain in the United States and eventually apply for permanent residency. Here’s a detailed guide on how TPS holders can apply for asylum.

Table of Contents

1. Eligibility for Asylum

To be eligible for asylum, a TPS holder must demonstrate:

Well-Founded Fear of Persecution: The applicant must have a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.
Persecution in Home Country: The applicant must show that they are unable or unwilling to return to their home country due to past persecution or a well-founded fear of future persecution.

2. Filing Deadline

One-Year Rule: Asylum applications must generally be filed within one year of the applicant’s last arrival in the United States. TPS holders who have been in the U.S. for longer than one year must demonstrate changed circumstances or extraordinary circumstances to justify the delay in filing.

3. Steps to Apply for Asylum

1. Complete Form I-589:

Form I-589: Complete and submit Form I-589, Application for Asylum and Withholding of Removal. After all, this form is used to apply for asylum, withholding of removal, and protection under the Convention Against Torture (CAT).

2. Prepare Supporting Documents:

Proof of Identity: Include documents such as a passport, national identity card, or other official identification.
Evidence of Persecution: Provide any evidence supporting your claim of persecution, such as police reports, medical records, affidavits from witnesses, or country condition reports.
Personal Statement: Write a detailed personal statement describing your experiences and why you fear returning to your home country.

3. Submit the Application:

Filing Location: Mail your completed Form I-589 and supporting documents to the appropriate USCIS service center or immigration court, depending on your circumstances.

4. Attend the Biometrics Appointment:

Biometrics: USCIS will schedule a biometrics appointment where your fingerprints, photograph, thus signature will be collected.

5. Prepare for the Asylum Interview or Court Hearing:

Interview: If your case is with USCIS, you will be scheduled for an asylum interview with an asylum officer. Prepare thoroughly for the interview, bringing any additional evidence and documents.
Court Hearing: If your case is in immigration court, you will have a hearing before an immigration judge. As a result, it is crucial to have legal representation during this process.

6. Decision on Asylum Application:

USCIS Decision: If your interview is with USCIS, you will receive a decision in writing. If granted asylum, you will receive an approval notice and an Employment Authorization Document (EAD).
Immigration Court Decision: If your case is heard in court, the immigration judge will issue a decision. Furthermore, if granted asylum, you will receive an approval order from the court.