Owais Crawford
Asylum seekers may be of any age, gender, socioeconomic status, or nationality, although most come from regions with conflict, disaster, and weak rule of law. Seeking asylum is legal under international and U.S. law, and one can apply for asylum at a port of entry, such as an airport. In the UK, one can make an application for asylum at the border, but the substance of the claim is not examined at the border, and the claim will be referred to UKVI.
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What You'll Learn
Seeking asylum in the US
To seek asylum in the United States, you must already be in the country and believe that you will be in danger of persecution if you return to your home country. This persecution must be due to one of the following: race, religion, nationality, membership of a particular social group, or political opinion.
To apply for asylum, you must file a Form I-589, Application for Asylum and for Withholding of Removal, within one year of your arrival in the US. There is no fee to apply for asylum. You may include your spouse and children as dependents on your application. If you have been in the US for more than one year, you may still qualify for an exception if you can demonstrate changed circumstances that materially affect your eligibility for asylum or extraordinary circumstances relating to your delay in filing.
As part of the application process, you will be required to attend an Asylum Merits Interview (AMI) with a USCIS asylum officer, who will determine whether to grant you asylum. If the officer does not grant asylum, the case will be referred to an immigration judge for "streamlined" removal proceedings, where defensive asylum, withholding of removal, and Convention Against Torture relief may be considered.
It is important to note that if you need an interpreter for your interview, you must bring one who is at least 18 years old and fluent in English and a language you speak fluently. Failure to bring an interpreter or having an interpreter who is not fluent in the required languages may result in your application being dismissed or referred to an immigration judge.
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What to expect at the airport
When you arrive at the airport, you will queue at the inspection point with everyone else. Here, an officer will examine your travel documents, take your fingerprints, and photograph you. They will also ask questions about your travel, such as the purpose of your trip and your accommodation arrangements. It is important to answer these questions truthfully. Officers may also inspect the contents of your electronic devices, including messages, photos, and videos.
Based on this initial screening, the officer will decide whether to allow you entry into the country or refer you for secondary screening, where you will be asked additional questions. If you wish to apply for asylum, inform the officer that you are afraid of returning to your country. Once you have stated this, the officer cannot deport you and must follow the necessary procedures for asylum seekers. You may be kept at the airport or taken to a detention center.
The next step is the credible fear interview, where a government officer will evaluate your chances of winning asylum and determine whether you can stay in the country. You have the right to seek legal assistance for this interview, and if you pass, you can proceed with your asylum application. This process can be lengthy, and you may be kept in detention during this period. However, you can request parole, which allows you to remain free while your application is being processed. To obtain parole, you must establish your identity and demonstrate that you will attend immigration hearings and pose no threat to the community.
In the UK, you can make an asylum application at the border, but the substance of your claim will not be examined there. Immigration officers will conduct a screening interview and refer your claim to UKVI for further processing. You will be granted immigration bail, allowing you to live in the community under certain conditions while your claim is considered. Detention at a UK port is typically limited to less than 24 hours.
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Asylum interview processes
In the UK, asylum decisions cannot be made at the border. However, an application for asylum may be made at the border, and immigration officers from the UK Border Force may carry out a screening interview. The claim will then be referred to UKVI. Immigration bail will be granted to enable the applicant to live in the community while the claim is considered.
In the US, the asylum interview process involves the following steps:
- Submission of Form I-589: To initiate the asylum interview process, individuals must prepare and submit Form I-589 to the U.S. Citizenship and Immigration Services (USCIS).
- Scheduling the interview: Upon receiving Form I-589, the USCIS will schedule an interview, typically just a few weeks later. The interview will take place at either a USCIS asylum office or a circuit ride location, often a USCIS field office. The date, location, and time of the interview will be communicated to the applicant.
- Interpreter requirements: As of September 13, 2023, affirmative asylum applicants must bring their interpreter to the interview if they require interpretation services. The interpreter must be at least 18 years old and fluent in English and a language spoken by the applicant. Sign language interpreters are provided as a disability accommodation upon request.
- Rescheduling requests: If individuals need to reschedule their interview, they should submit a written request as soon as possible. The Asylum Office will likely grant the request, offering the next available interview date. Subsequent requests or last-minute requests may require providing a "good cause" reason, such as illness, death in the family, or inability to travel.
- Attendance requirements: Applicants must bring their spouse and any children under 21 who were included in the asylum application as derivatives. Any identity, travel, or supporting documents in their possession should also be presented. Additionally, applicants may bring an attorney or accredited representative to the interview.
- Interview process: During the interview, an Asylum Officer (AO) will ask questions about the applicant's identity, the information provided in their asylum application, their eligibility for asylum, and any supporting documents submitted. The AO will evaluate the applicant's credibility and the merits of their asylum claim. The information shared during the interview is generally confidential and cannot be shared without the applicant's consent or specific authorization.
- Decision: A decision on the asylum case will not be made immediately during the interview. Typically, applicants will receive the decision two weeks after the interview by returning to the asylum office or through mail.
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Seeking asylum without a passport
Seeking asylum is legal under international and US law. However, policies enacted by recent US administrations have restricted access to asylum. Asylum seekers must be in the US or at a port of entry (an airport or an official land crossing) to request the opportunity to apply for asylum.
In the UK, there is no provision for asylum decisions to be taken at the border. An application for asylum may be made at the border, and immigration officers from the UK Border Force may carry out the screening interview, but they will then refer the claim to UKVI. The substance of the claim is not examined at the border. If a person claims asylum, immigration officers grant immigration bail to enable the applicant to live in the community, subject to conditions, while the claim is considered.
To be granted asylum in the US, one must meet the definition of a refugee. Asylum seekers must provide evidence demonstrating either that they have suffered persecution in their home country on account of a protected ground in the past, and/or that they have a “well-founded fear” of future persecution in their home country. Asylum seekers may be of any age, gender, socioeconomic status, or nationality, though the majority come from regions of the world that are suffering from conflict, disaster, and weak rule of law.
Under US immigration law, a person granted asylum is legally allowed to remain in the country without fear of deportation. They qualify to work and travel abroad and can apply for their spouse or children under the age of 21 to join them. Asylees have the opportunity to become permanent residents and eventually citizens, provided that they meet all other requirements.
In the US, there are some circumstances under which individuals will not be eligible to apply for asylum. These include filing an application after being in the US for more than one year, entering the US through its southwest land border or adjacent coastal borders, and failing to bring an interpreter to the asylum interview if the applicant is not fluent in English.
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Asylum applications in the UK
In the UK, asylum seekers can apply for asylum at the border, but decisions are not made at the border. Immigration officers from the UK Border Force may carry out a screening interview and refer the claim to UKVI. Immigration bail may be granted to allow the applicant to live in the community while their claim is considered.
To apply for asylum in the UK, you must meet the eligibility criteria as a refugee, which is defined as someone fleeing persecution in their own country. You should apply when you arrive in the UK or as soon as you believe it would be unsafe to return to your country. Your application is more likely to be refused if you delay. After submitting your application, you will have a screening with an immigration officer, and the Home Office will decide if your claim can be considered in the UK. If it can, you will have an asylum interview with a caseworker.
In 2024, 84,200 applications for asylum were made in the UK, relating to 108,100 individuals. This was the highest number of applications ever recorded. The previous peak was in 2002, with 84,100 applications, after which the number fell to a low of 17,900 in 2010. Between 2011 and 2020, the average was 27,500 applications per year. In 2024, asylum seekers and refugees made up around 16% of immigrants to the UK. The most common region of origin for asylum seekers was Asia, with Pakistani and Afghan nationals being the most common.
It is important to note that providing false information on an asylum application in the UK can result in up to two years' imprisonment or deportation from the country.
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Frequently asked questions
Yes, you can apply for asylum in the transit area of an airport. This is known as a port of entry and is a legal way to seek asylum.
You will need to inform the officer that you are afraid of returning to your country and that you wish to apply for asylum. The officer will then either keep you at the airport or take you to a detention centre. You will then need to do a credible fear interview, where an officer will decide if you can stay in the country while your asylum application is processed.
A credible fear interview is an interview with a government officer who will decide whether you have enough of a chance of winning asylum to be allowed to stay in the country while your application is processed. You have the right to find an attorney to help you during this interview.
If you pass the credible fear interview, you can apply for asylum with an immigration judge. This process may take months or even longer. You can ask for parole, which will allow you to be free while you apply for asylum.
