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Tourist Visa to Asylum: Change of Status for Protection in the U.S.

The United States has long been a destination for individuals seeking refuge from persecution or fear of harm in their home countries. One of the pathways available for those already present in the U.S. on a nonimmigrant visa, such as a tourist visa, is to apply for a status change to Asylum. In this blog, we will provide an overview of the process of changing your status from a tourist visa to Asylum in the United States.

An Asylum is a form of protection granted to individuals who demonstrate a well-founded fear of persecution in their home country based on race, religion, nationality, membership in a particular social group, or political opinion. 

To be eligible for a change of status from a tourist visa to Asylum, you must meet the following requirements:

• Filing Within One Year: You must file your Asylum application within one year of your arrival in the United States unless you can establish exceptional circumstances that prevent you from filing on time.
• Well-Founded Fear: You must demonstrate a well-founded fear of persecution based on one of the five protected grounds: race, religion, nationality, membership in a particular social group, or political opinion.
• Nonimmigrant Status: You must maintain a valid nonimmigrant status in the U.S. at the time of your Asylum application. This includes being in lawful status on a tourist visa or any other nonimmigrant visa.

The Process of Changing Status from Tourist Visa to Asylum:

• Gather Documentation: Compile all the necessary documentation to support your Asylum claim. This may include personal statements, affidavits, country condition reports, news articles, medical records, or other evidence substantiating your fear of persecution. (Find out more : 10 Things You Should Know About Evidence for Asylum Case )
• Complete Form I-589: Fill out Form I-589, Application for Asylum and for Withholding of Removal , carefully and accurately. Provide a detailed account of your circumstances and the reasons why you are seeking Asylum.
• File Your Application: Submit your completed Form I-589 and supporting documents to the appropriate USCIS office. Be sure to keep copies of all documents for your records.
• Biometrics Appointment: After receiving your application, USCIS will schedule a biometrics appointment for you. Your fingerprints, photograph, and signature will be taken at this appointment.
• Attend a Credible Fear Interview: USCIS will schedule an interview to evaluate your Asylum claim. Being well-prepared for this interview and thoroughly understanding the facts and evidence supporting your case is crucial. (Explore more: Credible Fear Screening Individuals Seeking Asylum | How to Prepare for Asylum Interview ).
• Decision: Following the interview, USCIS will make a decision on your Asylum application. If your application is approved, you will be granted Asylum and can apply for a Green Card one year after your Asylum approval. (Recommended reading : Timelines for Asylum Decisions: What You Need to Know )
• Appeal or Removal Proceedings: If your application is denied, you can appeal the decision within a specific timeframe. Alternatively, you may be referred to immigration court for removal proceedings.

Seeking legal assistance from an experienced immigration attorney is crucial to maximizing your chances of success in changing your status from a tourist visa to Asylum. At I.S. Law Firm, we have a proven track record of helping thousands of clients obtain Asylum. Our knowledgeable team of attorneys will provide personalized guidance and representation tailored to your unique circumstances. If you or someone you know is considering applying for Asylum, we invite you to schedule a consultation by the link: Schedule a Consultation – I.S. Law Firm, PLLC .

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Asylum Application and Evidence

In general, you can apply for asylum within one year of entering the United States by submitting an asylum application, Form I-589. Where you submit the asylum application depends on whether you are applying for asylum in immigration court or with U.S. Citizenship and Immigration Services (USCIS).

Scroll down or click on the links below to read questions and answers from the Asylum Seeker Advocacy Project (ASAP). You can also watch this video about how to fill out your asylum application.

• When do I need to apply for asylum?
• If I did not submit an asylum application within one year of entering the United States, can I still apply for asylum?

Is there a fee to file the asylum application?

Do i need to include that i am a member of asap in my asylum application, where do i file my asylum application, how do i file my asylum application in immigration court, how do i file my asylum application with uscis by mail, how do i file my asylum application with uscis online, should i list my spouse or children in my asylum application, what is a certificate of service, how do i get a receipt for my asylum application, i have a case in immigration court, but it does not appear on the automated hotline or website. how can i apply for asylum, what additional supporting evidence can i submit to support my asylum case, when do i need to submit supporting evidence, can i submit evidence in my own language, my asylum application was rejected and returned to me by uscis. what can i do.

• See other questions.
• Find legal help.

When do I need to apply for asylum? 

Generally, you must submit your asylum application ( Form I-589 ) within one year of arriving in the United States. However, there are some exceptions to this rule. Read more below. 

If I did not submit an asylum application within one year of entering the United States, can I still apply for asylum? 

Maybe! If you did not submit an asylum application within one year of arriving in the United States, you may still be able to apply for asylum depending on your situation. If your case fits one of these below situations, you may still be able to apply for asylum.

• You are under 18 years old. In many cases, if you are under 18 years old, you may be able to apply for asylum even if you have been in the United States for more than a year. Read more about applying for asylum as a child .
• You had or currently have lawful status in the United States , such as Temporary Protected Status (TPS), parole, or a valid visa. You can apply for asylum anytime while you have the lawful status, even if you have been in the United States for more than a year. You can also apply for asylum after your status expires, and it is best to apply as soon as possible after your status expires.
• The conditions in your country of origin have changed and it would now be dangerous for you to return. For example, the country has a new leader that intends to harm people like you.
• Your personal circumstances have changed and returning to your country of origin would now be dangerous for you. For example, you converted to a religion that is not allowed in your country of origin. Or, you recently decided to live openly as a gay person and it would be dangerous for you to return to your country of origin as a gay person.
• You were originally included in a family member’s asylum application, but you no longer qualify to be included in their asylum application. For example, you were included in your spouse’s asylum application, but you and your spouse have divorced since filing the application.
• You suffer from serious illness, physical disability, or mental disability.
• You suffered a serious crime or domestic violence recently.
• Your attorney committed fraud, and you filed a complaint against them.

If your case fits one of the above situations, you may still be able to apply for asylum after one year of entering the United States. However, you still need to apply as soon as possible . You will also need to submit proof about how you fit one of the above situations.

Also, even if you do not qualify for asylum, you may still qualify for other similar forms of protection under U.S. immigration law, such as withholding of removal or protection under the Convention Against Torture (“CAT”) . These are similar to asylum because they are also for people who are afraid of returning to their countries of origin. You can apply using the same form as the form for asylum, Form I-589 . 

No! Regardless of whether you are applying for asylum with USCIS or in immigration court, there is no fee to submit your asylum application.

No, you do NOT need to include information about ASAP in your asylum application (Form I-589). There are questions in the asylum application that ask about your membership in organizations (Questions 3.A and 3.B in Part B in the paper asylum application, and under “Party or group affiliations” in the online asylum application). However, these questions are only asking about organizations in your country of origin, not in the United States. So you do not need to include information about ASAP in your answer to these questions.

You do NOT need to attach your ASAP membership card to your asylum application.

Where you should file your asylum application depends on your situation. To understand where to file, you can answer the questions on this USCIS website . You can also read more below.

Most people who have a case in immigration court should file their asylum application with the immigration court .

• Read instructions about how to file your asylum application in immigration court.
• If you are not sure whether you have a case in immigration court, you can check this website or call the immigration court hotline at 1-800-898-7180. You can also read about other ways to know if you have a case in immigration court .

In some special circumstances, people with a case in immigration court should file their asylum application with USCIS by mail . These are the special circumstances:

• If the automated hotline or website says that your immigration court case was closed or dismissed, you can mail your asylum application to USCIS. Read more information and instructions .
• If you believe you will have a case in immigration court in the future, but your information does not yet appear on the automated hotline or website, you can mail your asylum application to USCIS. Read more information and instructions .
• If you are an unaccompanied child with a case in immigration court, you can mail your asylum application to USCIS. Read instructions .

People who do NOT have a case in immigration court should file their asylum application with USCIS, either by mail or online . 

• If you do not have a case in immigration court, in general you should file your asylum application with USCIS. There are two ways to file with USCIS: by mail, or online.
• If you would like to file your asylum application with USCIS by mail, read these instructions .
• If you would like to file your asylum application with USCIS online, read these instructions . However, unfortunately not everyone is eligible to use the online filing system. You cannot apply online if you are in one of the situations described under the “Special Instructions” tab on this USCIS webpage . If you are in one of those situations, you will need to mail a paper asylum application to USCIS instead.

You can follow the steps below to apply for asylum in immigration court.

1. Complete your Form I-589.

• Download or print Form I-589 . The form is long and asks some hard questions. But do not let this discourage you! You can watch this video for step-by-step instructions about how to fill out the asylum application. You can also see Appendix F of this guide for more instructions.
• Your answers must be written in English.
• Read each question carefully. All of your answers should be complete, accurate, and truthful.
• You may be able to include qualifying family members in your asylum case.
• After you are done, review the entire application to catch any mistakes.
• If you are filling out the application on paper and writing by hand, make sure that your handwriting is clear and easy to read. Use a black pen.
• Remember to sign and date your application.

2. Prepare your application packet. 

• One original Form I-589 for the judge.
• One copy for the government attorney.
• One copy for you to keep for your records.
• You may also need to prepare a certificate of service, if you are submitting your asylum application by mail or at the filing window of the immigration court. A certificate of service is a document that states that you sent a document to the government attorney. You can download and fill out this certificate of service .
• You can include other supporting evidence .

3. Submit your application packet. You have three options for how to do this.

• Option 1. You can submit your application packet in person during your hearing. You can hand your original asylum application and the two copies you prepared to the judge. The judge should stamp them. The judge should keep the original, and give you back the two copies. Give one of the copies to the government attorney, and keep the other copy for your records. This copy is your receipt proving that you submitted your asylum application.
• Take the original asylum application, two copies, and a certificate of service to the filing window in your immigration court. The clerk should keep the original and the certificate of service. The clerk should stamp the copies and give them back to you.
• Keep one copy for your records. The copy is your receipt proving that you submitted your asylum application.
• The other copy needs to be sent to the government attorney. You can do this by taking the copy to the government attorney office, which is usually located in the same building as the immigration court, or by mailing it to the government attorney. You can find the addresses for government attorneys here .
• Make sure you use a mail service that offers tracking. For tips on how to mail documents, watch this video .
• Mail the original asylum application, a copy of the application, and the certificate of service to the immigration court. You can find addresses of immigration courts here . In addition, make sure to include an envelope with your address and postage. The immigration court should stamp the copy of your asylum application and then mail it back to you using the envelope. If you do not include an envelope, they will not mail you your copy. The copy is your receipt proving that you submitted your asylum application. Keep this copy somewhere safe.
• Mail another copy to the government attorney. You can find the addresses for government attorneys here .

4. Send documents to USCIS for your biometrics appointment (also called fingerprint appointment) . 

• You have to send certain documents to USCIS in order to be scheduled for a biometrics appointment for the government to collect your fingerprints. Please read these instructions or watch this video .

5. Continue with your asylum case in immigration court. 

• You can submit more evidence before your individual hearing.
• Read about the immigration court process .
• Read about applying for your first work permit .

There are two ways that you can submit your asylum application to USCIS: by mail or online. You can follow the steps below to apply by mail. If you want to apply online instead, find instructions for applying online here .

• You can include the documents below, in this order. Do not staple the pages – you can use a paperclip, binder clip, or rubber bands instead to hold all the pages together.
• Form G-1145 (optional). If you want, you can include Form G-1145 to receive notices about your application by text message or email.
• Your completed Form I-589.
• A copy of your passport, if you have one. If possible, include a copy of every page, including the front and back covers.
• A copy of your Form I-94, if you have one. It may look like this , this , or this .
• A copy of a document that proves your family relationship – for example, a copy of birth certificate for a child or a copy of a marriage certificate for a spouse.
• A copy of your family member’s passport and Form I-94, if they have one.
• If you had an immigration court case in the past but it was dismissed, you can find more specific instructions here .
• You can also attach other supporting evidence to your asylum application. You can also choose to submit them later. Read more about additional evidence here .
• If a document is not in English, you should also include an English translation with a certificate of translation .

3. Make a copy of the whole packet and keep it for your records. 

4. Mail the original application packet to USCIS.

• The USCIS address where you need to send your application packet depends on where you live. You can find the correct address by going to this USCIS webpage , and looking under “Where To File.”
• However, if you are in one of the special situations described under the “Special Instructions” tab on this USCIS webpage , you have to submit your asylum application to a special processing center called the Asylum Vetting Center.

5. Continue with your asylum case with USCIS. 

• You should receive a receipt notice in the mail.
• You can submit more evidence before or during your asylum interview.
• Read about the USCIS process .

There are two ways that you can submit your asylum application to USCIS: by mail or online. Only some asylum seekers can apply online . If you are not sure, read this question to understand whether you can file online.

If you are eligible to file online, you can follow the steps below to apply online. If you want to apply by mail instead, find instructions for applying by mail here .

1. Log in or create your USCIS online account. 

• Go to this USCIS online account website . This website is only available in English.
• Next, log in to your USCIS account if you already have an account. If you do not have an account, click the blue sign up button to create an account. You can watch this USCIS video about how to create an online account.

2. Start the asylum application. 

• If you are using a phone, click “Menu” in the top right corner, click “Account actions,” then click “File a form online.” If you are on a computer, click “My Account” in the top right corner, then click “File a form online.”
• Next, select “I-589, Application for Asylum and for Withholding of Removal” in the drop down menu.
• Click “Start form.”

3. Complete the asylum application. 

• Most of the questions in the online asylum application are identical to the paper asylum application. You can watch this video for detailed, step-by-step instructions on how to fill out the paper asylum application. Below are some useful things to know when completing the online asylum application:
• Pop-Up Window: When you are filling out the application online, you will likely see a pop-up window that looks similar to this:

If you would like to continue, choose “Allow” because the government only accepts asylum applications from people who are located in the United States. If you choose “Block”, the website will not allow you to proceed.

• If you entered the United States with parole or a specific type of visa (such as a B2 tourist visa or F1 student visa), choose that from the list.
• If you are an asylum seeker who did not enter the United States with parole or a visa, you can choose “999 – Alien awaiting decision of asylum.” You can then leave “Date this status expires” blank.
• If you are not sure what to choose, you can choose “ZN – Unknown.” You can then leave “Date this status expires” blank.
• Blank questions: If you do not answer a required question, you will get an alert when you reach the “Review and Submit” section. You can then go back and answer. If you do not know an answer, you can write “unknown” or leave it blank.

4. Upload evidence.

• You can upload evidence in the online form. There are size limits, so you may have to split large files into more than one file.
• We recommend submitting a copy of your passport and Form I-94, if you have them.
• A copy of your family member’s passport and Form I-94, if they have them.
• Some of the evidence categories may not apply to you. In that situation, you do not have to include evidence for that category, even if you get an alert that says you should provide evidence. For example, if you do not have a Cover Letter, you do not have to submit one. Or, if you do not have a spouse or children, you do not have to submit evidence for Family Identification.
• You do not have to submit all evidence at the same time that you are submitting your online asylum application. You can submit more evidence later, before or during your asylum interview. Read more about additional evidence here .

5. Submit your application and get your receipt notice. 

• Carefully review your application and evidence before you submit.
• After you submit your asylum application, check your USCIS account frequently . You will not receive your receipt notice or other important notices by mail. Some people receive their receipt notice online in just 1 to 2 days.
• You should be able to see and download a copy of your asylum application from your online account.

6. Continue with your asylum case with USCIS. 

Yes! There are 3 things to know about this process.

1. List any spouse or children you have. 

• If you have a spouse or children, no matter where they live or how old they are, you should list them on your asylum application. You can provide information about them on Part A.II. on the paper asylum application (Form I-589) or in the “Your Family” section if you are filing online.

2. You can include qualifying family members in your asylum case. 

• If you have a spouse or unmarried children under age 21 who are living in the United States, you may also be able to include them in your asylum case. If you do this, your spouse or children can generally apply for a work permit at the same time as you! And if you win asylum, they will win asylum too – even if your child has turned 21 by then. The steps to include your family members in your asylum case are different depending on if you are applying for asylum with USCIS or immigration court. Read more below.

If you are filing your asylum application with USCIS and want to include your family member in your case, answer “Yes” to the question “If in the U.S., is your spouse/this child to be included in this application?” This check box is in Part A.II. on the paper asylum application or on the “Your Family” section if you are filing online. All family members that you include must attend your asylum interview.

Note: If you file your asylum application with USCIS, but later your case is sent to immigration court, your family members may no longer be included in your asylum case. Read below about how to check if your cases are together in immigration court.

• Immigration court: 

The process in immigration court is more complicated. To include your family member in your asylum case, your cases must be together in immigration court . This means that you have the same immigration judge, the same court dates, and you are listed together on court documents such as the Notice to Appear or Hearing Notice .

• If your cases are already together in immigration court, your family member can automatically be included in your asylum case. When you complete your asylum application, answer “Yes” to the question in Part A.II, “If in the U.S., is your spouse/this child to be included in this application?” Each family member may also want to file their own separate asylum application, because then an immigration judge can grant other protections from deportation .
• If you and your family members have separate cases in immigration court , you can all apply for asylum using separate applications. You can also consider requesting that your cases be combined. You may want to seek advice from an immigration attorney to help determine the best strategy for your family.
• If your family member does not have a case in immigration court at all , they will not be included in your asylum case.

3. If you win asylum, you can petition for qualifying family members. 

• If you cannot include your spouse or children in your asylum case but you later win asylum, you may still be able to request immigration status for them.
• If you win asylum, you can file a petition called Form I-730 to request asylum for your spouse or unmarried children under age 21 who were not included in your asylum case. You can request asylum for these family members even if they are outside the United States or are living in the United States without immigration status. You must file Form I-730 within 2 years of winning asylum.
• Also, if you win asylum, you can become a Permanent Resident after one year . Eventually, you can apply to become a citizen of the United States. Permanent Residents and U.S. citizens have additional options to request immigration status for more family members .

A certificate of service is a document that states that you sent a document to the government attorney. You only need certificates of service if you have an immigration court case! If you are applying for asylum with USCIS, you do not need this document.

If you have a case in immigration court, you may need a certificate of service when you submit your asylum application , or when you appeal your case to the Board of Immigration Appeals (BIA) .

You can download and fill out this certificate of service .

The way to get a receipt showing that you submitted your asylum application (Form I-589) depends on whether you are submitting your application to USCIS or to the immigration court. Read here if you are not sure where to file your asylum application .

• If you are applying for asylum with USCIS by mail , USCIS should automatically mail you a receipt notice after they receive your asylum application. Read here if your receipt notice is delayed .
• If you are applying for asylum with USCIS online , USCIS should automatically post your receipt notice to your USCIS online account .
• If you are applying for asylum with the immigration court , the immigration court will not send you a receipt automatically. Instead, if you want proof of receipt, you need to take action. You may want a receipt because it is useful to have one when you apply for a work permit . Your proof of receipt is the first page of your asylum application stamped with the date of receipt by the immigration court.

If you have not submitted your asylum application yet, follow these instructions to request a stamped copy of your asylum application.

If you already submitted your asylum application to the immigration court , but you did not receive a copy of your asylum application with a date stamp, first you should check that the immigration court received your asylum application. Call the immigration court hotline at 1-800-898-7180. Press 1 for English, enter your A Number, press 1 to confirm your A number, and 1 again to confirm your name. Finally, press 2. If you hear a message indicating that a certain number of days is on your “clock,” this means that your asylum application was received by the court that number of days ago.

If you confirmed that the immigration court received your asylum application, and you want a copy with a date stamp, you can call your immigration court to find out how you can get a copy. You can find the contact information for your immigration court here .

This can be a confusing situation. Some people know that they will have a case in immigration court, but when they check their immigration court case status, it says “the A Number information did not match a record in the system” or “no case found for this A Number.” If this situation applies to you, it is best to mail your asylum application (Form I-589) to USCIS within one year of entering the United States. This may seem confusing because your case will actually be in the immigration court, not with USCIS. However, this is the only way you can file your asylum application if the immigration court has not yet entered your information in their system yet.

How do I know if I am in this situation? 

You know that you are probably in this situation if both of the following statements are true:

• You know that you will have a case in immigration court (for example, because you received a Notice to Appear or you were detained by immigration officials after entering the United States), AND
• When you check your case status by calling the immigration court hotline at 1-800-898-7180 and after entering your A Number, the hotline says: “The A Number information you entered did not match a record in the system or the case has not been filed with the immigration court.” OR when you check your case status by entering your A Number on the immigration court website , it says “No case found for this A Number.”

If you are in this situation, you can take the steps described below to submit your asylum application. If you are not in this situation, read this question to find out how to submit your asylum application .

How can I apply for asylum in this situation?

To apply for asylum in this situation, you can follow these steps:

• Mail an asylum application to USCIS before the one-year deadline. You can follow these instructions to complete your asylum application package and mail it to the correct USCIS address. You cannot file for asylum online in this situation.
• Keep a copy of your application because you will need to submit it to the immigration court again later.
• After you submit your application, USCIS should send you a notice. Keep this notice in a safe place because it proves that you submitted your asylum application before the one year deadline. You can also include a copy of the notice when you apply for your work permit .
• The immigration court should eventually schedule you for your first hearing, known as a master calendar hearing . Check your case status every week so that you learn when your hearing is scheduled. At your hearing, it is important to tell the judge that you filed your asylum application before the one year deadline. You can bring a copy of the notice you received from USCIS and a copy of your asylum application.

You can submit different types of evidence to support your asylum case. This is usually a good idea, but it is not required. It is possible to win asylum based only on your own testimony during your immigration court hearing or your asylum interview. The evidence that you submit should answer these five key questions: 

• What was the harm you suffered in your country of origin, or what harm do you fear you may suffer if you have to go back to your country of origin?
• Who harmed you, or who would want to harm you? If you do not know for sure, who do you think it was?
• Why were you, or why will you be, a target for harm in your country of origin?
• Why are you not able to seek help or protection from the police or the government of your country of origin?
• Is there a safe place inside your country of origin where you can live?

You can watch this video that can help you think about these questions and prepare your asylum case.

Here are some examples of the kinds of evidence you can submit: 

However, every case is different! This list is not meant to be complete and the examples will not apply in every case.

• A written declaration, describing any harm you suffered in the past, who harmed you, why they harmed you, whether you tried to get help from the police or the government of your country of origin, whether there is a safe place inside your country of origin that you can move to, and what you think might happen to you if you were to return to your country of origin.
• Identity documents, such as your passport, birth certificate, and marriage certificate.
• Police reports, if you made a report to the police about the harm you suffered.
• Medical reports, showing any physical injuries you may have suffered.
• Mental health evaluation, showing any mental harm you may have suffered.
• Newspaper or magazine articles about the issues that make you afraid to return to your country of origin, or articles about bad things that happened to people who are similar to you in your country of origin.
• Letters or declarations from people who know about what happened to you in your country of origin.
• Photographs that show parts of your story. For example, the photos can show any harm you suffered, or your participation in a group or activity, if you believe your participation in that group or activity is making you a target for harm.
• Text messages, Facebook messages, or any other written communication that contain threats made against you.
• Membership cards or other official documents from a group, if you believe your membership in the group is making you a target for harm.
• News articles or reports from national or international human rights organizations about the situation that you have fled from.
• If you are applying for asylum more than 1 year after arriving in the United States, you can also submit evidence that shows why you should still be able to apply for asylum. Read more about exceptions to the 1 year deadline here .

You can also find more ideas beginning on page 13 of this guide , page 8 of this guide , and page 15 of this guide .

If you are afraid of going back to your country of origin because of your sexual orientation, gender identity, or HIV status, you can read this guide for more ideas.

Other tips: 

Please also remember that if any of the evidence is not in English, you will also need to include a translation and a certificate of translation .

Do not submit any fake or forged documents. Submitting fake documents can have bad consequences for your case. If you cannot get certain evidence, or getting it will put you or someone else in danger, then you can explain to the immigration judge or asylum officer why you could not get that evidence.

You do not have to submit supporting evidence at the same time as your asylum application (Form I-589). Instead, you can wait until you are closer to your individual hearing in immigration court, or your USCIS asylum interview.

If you have a case in immigration court , you first need to submit your asylum application. Then, once your individual hearing is scheduled, you will need to submit additional evidence. The immigration judge should give you a deadline for submitting the evidence, usually at least 15 days before the individual hearing. Read more about applying for asylum in immigration court here , or watch these videos .

If you apply for asylum with USCIS , you will be scheduled for an interview in an asylum office after you submit your asylum application. You will need to submit your additional evidence before your interview, usually at least one week before your asylum interview. It should be sent directly to the asylum office where you will have the interview. You should read your asylum interview notice and follow the instructions. You can also bring additional evidence with you to your asylum interview. You can contact your local asylum office for more detailed instructions.

Read more about applying for asylum with USCIS here , or watch these videos .

Yes. You can submit evidence in a language other than English, but you will also need to include a translation into English and a certificate of translation .

If your asylum application was rejected and returned to you, you should carefully read the rejection notice. The rejection notice explains why USCIS rejected your application. You can correct the problem and resubmit your application. If you need help resubmitting your application, you can look for legal assistance .

Note: This page is for adults who are interested in seeking asylum in the United States. Our hope is that you will use the information to better understand the asylum process and take control of your case. However, this information is not a substitute for legal advice about your particular case. To look for legal assistance, visit ASAP’s find help page . 

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How to seek asylum in the U.S.

To seek asylum, you must already be in the U.S. and believe you will be in danger of persecution if you return to your country. Learn how to seek asylum and sponsor someone else.

Learn if you are eligible and how to apply for asylum

To be eligible for asylum, you must be:

• Inside the United States
• Nationality
• Social group
• Political opinion

In most cases, a decision will be made on your asylum application within 180 days after you file. Learn more about the process of seeking asylum in the U.S. , including:

• Filing asylum application Form I-589 within 1 year of arriving in the U.S.
• Working in the U.S.
• Helping family members seek asylum
• Filing for permanent residence (Green Card)

How to sponsor an asylum seeker

If you came to the U.S. in the last 2 years as an asylee, you may be able to sponsor your spouse and qualifying children to join you.

Find out how to sponsor your family member for asylum. Learn:

• How to qualify as a sponsor
• Who is eligible to be sponsored to come to the U.S.
• How to download and fill out Form I-730 to request asylum for your family member

LAST UPDATED: December 12, 2023

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Home » Asylum Status

Eligibility and Benefits of Asylum Status

Asylum status overview, what does is mean to be an asylee.

Each year, the United States welcomes thousands of asylees from other countries. An asylee is a person that has already made it to the U.S. border or the interior (by lawful or unlawful entry) and is seeking protection because they have suffered persecution or fear that they will suffer persecution due to race, religion, nationality, membership in a particular social group or political opinion. Examples of situations that may qualify as persecution include: imprisoned and tortured political dissidents or supposed undesirables; fired on protesters; committed genocide against a certain race; or made sure that members of a certain religion were left out of the political process.

If you are eligible for asylum, you may be permitted to remain in the United States, eventually apply for a green card, and even have a path to citizenship.

Difference between Asylum and Refugee Status

The difference between an asylee and refugee depends on where a person applies. Individuals outside of the United States must apply for refugee status . On the other hand, people who have already made it to the United States border or the interior (by lawful or unlawful entry) can apply for asylum status.

Eligibility for Asylum

Who is eligible for asylum status.

To determine if you are eligible for asylum status, USCIS will evaluate whether you meet the definition of an asylee according to section 101(a)(42) of the Immigration and Nationality Act (INA). In general, eligibility for asylum requires that:

• You are present in the United States (by lawful or unlawful entry);
• You are unable or unwilling to return to your home country due to past persecution or have a well-founded fear of persecution if you return;
• The reason for persecution is related to one of five things: race, religion, nationality, membership in a particular social group, or political opinion; and
• You are not involved with an activity that would bar you from asylum.

To apply for asylum, file Form I-589, Application for Asylum and for Withholding of Removal , within one year of your arrival to the United States. You may include your spouse and children who are in the United States on your application at the time you file or at any time until a final decision is made on your case. To include your child on your application, the child must be unmarried and under 21 years of age. There is no fee to apply for asylum. CitizenPath recommends using an immigration attorney to prepare Form I-589 and document your past persecution or fear of persecution.

Working as an Asylee

Do asylees have permission to work.

You will need employment authorization to work in the United States. Working without authorization could jeopardize future immigration benefits. However, you may not apply for employment authorization at the same time you apply for asylum. Generally, you may apply for an employment authorization document (work permit) if:

• 150 days have passed since you filed your complete asylum application, excluding any delays caused by you (such as a request to reschedule your interview); and
• No decision has been made on your application.

If you are granted asylum you may work immediately. Although USCIS does not require you to obtain an Employment Authorization Document (work permit card), many asylees choose to obtain one for convenience or identification purposes. It's U.S. government-issued photo identification. So, a work permit can be a helpful document for new immigrants.

To obtain the employment authorization document, you must file a Form I-765, Application for Employment Authorization . There is no fee to apply for your first EAD if you have a pending asylum application or if you have been granted asylum.

Traveling Abroad as an Asylee

Can asylees travel outside of the united states.

If you applied for asylum status and have not yet received a decision, you should not leave the United States without first obtaining advance parole. An advance parole document allows certain individuals to return to the U.S. without a visa; however, advance parole does not guarantee that you will be allowed to reenter the United States. If you leave the United States without first obtaining advance parole, USCIS will presume that you abandoned your asylum application. Traveling abroad with a pending asylum application can be risky. Contact an immigration attorney if your asylum application is still pending, especially if you intend to travel to the country of past persecution.

Once granted asylum status, it will easier to obtain advance parole. Although you may be able to travel back to the country of past persecution, this puts you at high risk of having your asylum status revoked. To obtain advance parole, you must file Form I-131, Application for Travel Document .

If you wish to travel outside the United States for a brief period of time and return to your asylum status and continue to pursue your application for adjustment of status, you must apply for a Refugee Travel Document before traveling. To apply for a travel document, you would file a Form I-131, Application for Travel Document.

Obtaining a Green Card through Asylum Status

Is it possible for asylees to get a green card.

If you were granted asylum status, you are eligible to apply for a green card (permanent residence) one year after receiving your grant of asylum. Your spouse and children are also eligible to apply for a green card if they were admitted to the United States as asylees or were included in your grant of asylum. If you are an asylee, you may apply for a green card one year after being granted asylum if you:

• Have been physically present in the United States for at least one year after being granted asylum;
• Continue to meet the definition of an asylee (or continue to be the spouse or child of such asylee);
• Have not abandoned your asylee status;
• Continue to be admissible to the United States (A waiver may be available to you if you are now inadmissible); and
• Are not firmly resettled in any foreign country.

You are not required to apply for a green card; however, it may be in your best interest to do so. You may no longer qualify for asylum status with the right to remain permanently in the United States if country conditions change in your home country or you no longer meet the definition of an asylee due to changed circumstances. What’s more, you have a path U.S. citizenship after five years as a permanent resident. To apply for a green card, you must file the Form I-485, Application to Register Permanent Residence or to Adjust Status . Generally, a green card holder may naturalize as a U.S. citizen after five years .

Note: When USCIS grants your green card, you (and derivative family members) will have your date of adjustment of status rolled back one year from the date your green card is granted.

Form I-485, Application to Register Permanent Residence or Adjust Status

Use Form I-485 (Application to Register Permanent Residence or Adjust Status) to apply for permanent residence while in the United States. Each year, USCIS rejects or denies thousands of I-485 applications. Therefore, it's important to get it right.

* Data based on USCIS Forms Data and Lockbox Rejection Data .

How CitizenPath Helps You Prepare the Adjustment Application Package

How does an asylee file for adjustment of status to green card holder.

CitizenPath's affordable, online service makes it easy to prepare Form I-485, Application to Adjust Status. Designed by immigration lawyers, the Adjustment of Status Package helps you eliminate the common errors that create delays, rejections and even denials. That's because the service alerts you when your answer to a question may be a problem. You'll also get customized filing instructions based on your situation. It's a powerful, do-it-yourself tool that puts you in control. And we've got your back -- CitizenPath provides live customer support and provides a money-back guarantee that USCIS will approve the application. Get started >>

Frequently Asked Questions

Eligible asylees may adjust status to permanent resident by filing Form I-485, Application to Adjust Status . Additional forms may also be required. Refer to our adjustment of status fee page for a list of typical forms and costs.

In addition to Form I-485, applicants will need to submit the USCIS fees, proof of asylum, evidence of one-year presence, passport-style photos, a copy of your passport (if available), a copy of your birth certificate (if available) and medical exam. Depending on your answers, USCIS may require additional documentation.

Want help? In addition to your prepared form, CitizenPath provides you with a set of personalized filing instructions. Our filing instructions are customized to your answers in the application so you know what to do for your specific situation. The filing instructions provide detailed directions on supporting documents, how to organize your application, and where to mail it. Get started here >>

You can anticipate that adjusting status to permanent resident will take approximately one year for asylee-based green card applications. For a look at what happens after filing your adjustment application, review the Form I-485 processing time .

Yes, it's possible to get employment authorization while you are an adjustment of status applicant. As an asylee, you are eligible to file Form I-765, Application for Employment Authorization with USCIS.

Note: Most adjustment of status applicants apply for employment authorization on the basis of being an "adjustment of status applicant." Asylees and refugees are different. You are already eligible for employment authorization and should continue to apply (or renew) under the asylum status or refugee status.

As an adjustment of status applicant, you may request an advance parole document. You must obtain this travel document before departing. Consequently, an adjustment applicant that leaves the U.S. without advance parole is automatically considered to have abandoned the application and may not be able to re-enter the U.S. However, individuals with refugee status generally should not travel back to their home country .

To travel outside the United States during the adjustment of status process, the I-485 applicant must request advance parole by filing Form I-131, Application for Travel Document . Like employment authorization, you may file Form I-131 together as part of the I-485 package.

If you do not have a passport, it may also be necessary for you to request a Refugee Travel Document .

The essential filing fees for entire asylum-based adjustment process will cost approximately $1,225. For a breakdown of government fees and CitizenPath preparation fees, see our adjustment fees page .

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Home » Visas » USA Tourist Visa » Did You Overstay on Your U.S. Tourist Visa? Here Is What You Need to Know.

Did You Overstay on Your U.S. Tourist Visa? Here Is What You Need to Know.

As per a DHS report released in March 2020, around 676,422 foreigners overstayed their U.S. visas in 2019, which amounted to an overstay rate of 1.21%.

Overstaying occurs when a lawfully admitted nonimmigrant remains in the U.S. beyond their authorized period of admission. U.S. Customs and Border Protection (CBP) defines those who overstay in two ways:

1. Those who had no recorded departure (or, Suspected In-Country Overstays)

2. Those who had a departure recorded after the expiration of their authorized period of admission (or, Out-of-Country Overstays).

Overstayers usually hold nonimmigrant visas such as H-1B , and their dependents hold H4 visas. Some even come on business visas such as B1, or visitor visas , such as B2.

You’ve Overstayed Your U.S. Visa. What Happens Next?

While an overstay can lead to severe issues, we can guide you through the next steps.

To begin with, you need to be clear about the duration of your overstay. The date of your expected departure is the date mentioned on your Form I-94 Arrival/Departure Record, not the expiration date of your visa. The visa expiration date is the last date up to which you would have entered the U.S. using that document.

The rules are lenient for students, as they need a judge or an immigration official to declare them unlawfully present. Their I-94 likely says “D/S,” which means their overstay begins only once they stop studying or complying with their visa terms. The suspected in-country overstay rate for students was estimated to be 1.52% in 2019.

Let’s now look at some of the undesirable consequences of an overstay:

• It can affect your application if you apply for a visa again. Any foreign national having overstayed their U.S. visa would likely not get permission to reenter unless they got a nonimmigrant visa in their own country.
• You might encounter more intense questioning at the port of entry (POE) on your next trip. The POE officer might even deny you entry if unsatisfied. In case you applied for an extension on any previous trip, you need to keep all relevant documents ready.
• 3-year bar: This applies if you’ve overstayed for more than 180 continuous days, but less than one year, and you left before formal deportation.
• 10-year bar: This applies for overstays of more than 365 continuous days.
• The time bars are applicable only if you left the U.S. before formal deportation. If your unlawful presence is for more than one year in total (can be noncontinuous), and you get deported, but still attempt an uninspected entry, you will be permanently barred. The only waiver, in this case, is available to VAWA self-petitioners. You can still request special permission to apply for a Green Card or U.S. visa after 10 years.
• You can’t change your status to another nonimmigrant status or extend your stay in the U.S. once you’ve overstayed your authorized stay.

One way to avoid these time bars is to file for a change of visa status with the USCIS. This is helpful in some rare cases for those eligible for Green Cards. You’ll have to submit all the required documents before scheduling an interview. This option is not available to those who’ve illegally entered the U.S. All relevant details for filing the petition are on the official USCIS website.

Are There Any Exceptions?

There are certain cases in which the 3-10-year bar might be excused. Unlawful presence in the U.S. is not accrued for:

• Children under 18 years of age
• Victims of human trafficking, if they can show proof the trafficking is one of the central reasons for the overstay
• Those who have an asylum application pending with the USCIS, or a pending change of status case
• Beneficiaries of the Family Unity program
• Deferred Action
• Deferred Enforced Departure (DED)
• Temporary Protected Status (TPS)
• Withholding of Removal under the Convention Against Torture
• Battered children or spouses who gained entry on a nonimmigrant visa, and can prove that the abuse caused the overstay

These exceptions might not apply to those under the permanent bar. It’s best to consult a lawyer in this case.

Extending Your Visitor’s Visa

To get an extension on your I-94 date, you need to file a request with USCIS on Form I-539 . Here are a few things you should know about this:

• The application for adjustment of status or an extension of stay needs to be filed at least 45 days before the expiration of your authorized stay.
• You can apply for an extension only if you have a legitimate reason to request it.
• You need to have been lawfully admitted into the U.S. with a nonimmigrant visa.
• You can’t get an extension if you’ve committed any crimes making you ineligible to hold a visa.
• You need to have definite plans to exit the U.S. after the proposed extension period.
• Your passport needs to be valid (and remain valid) during your entire stay.

There are certain categories of entrants who needn’t apply for a visa extension:

• The fiancé of a U.S. citizen, or the dependent of the fiancé – K nonimmigrant visa
• A crewmember – D nonimmigrant visa
• Someone on the Visa Waiver Program
• Someone in transit through the U.S. – C nonimmigrant visa
• An informant (along with their family) on organized crime or terrorism – S nonimmigrant visa

What Documents Do You Need For A Visa Extension?

• Your application stating the reason you are requesting the extension
• A copy of your return tickets to prove your intention to only stay temporarily
• The completed I-539 Form, which can also be filed online
• Proof of financial arrangements during your extended stay
• Copy of I-94 for each applicant
• Instructions on the Visitor Visa (B2) extension checklist – M-752

The extension fee for a visitor visa (B1-B2) is $370. Your spouse and children will not be charged with an additional fee. You might have to pay a biometric fee of $85, depending on your visa type. This applies to minors as well.

You can get an extension of up to 240 days in the U.S. following the expiration of the date on I-94.

The I-601A Provisional Waiver of Inadmissibility

For those immigrating as relatives of U.S. permanent residents and citizens, lottery winners, as well as immigrant visa applicants in other categories, there is a provisional (or stateside) waiver available. Under this, you can apply for a waiver on the 3-10-year bars before exiting the U.S., instead of after.

Effective since 2013, it allows applicants to forgo their consular interview and avoid the risk of getting trapped outside the U.S.

Inadmissibility refers to a barrier to receiving a Green Card or visa. The I-601A provisional waiver deals only with one ground of inadmissibility – overstay of visa as per U.S. immigration law and subsequent accrual of unlawful presence. There are various other grounds of inadmissibility for Green Card applicants, such as fraud, health problems, and immigration violations. The waiver does not deal with these.

Extension of Visa-Waiver Program Stay

The Visa Waiver Program (VWP) allows foreign nationals to visit the U.S. for short, 90-day stays. It applies to countries whose citizens don’t typically overstay their visas. Extensions on your stay under the VWP aren’t usually allowed. There are, however, certain exceptions:

• Medical emergencies, which allow an extension of up to 30 days
• Changes in travel schedule beyond individual control, such as flights getting canceled due to a hurricane or pandemic

The surest way to avoid legal troubles is to plan your travel according to your original I-94 dates. While we have covered most of the information you need in case of overstaying, you should consult an experienced immigration attorney for further help.

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• Dublin Regulation

What happens if you come to Europe with a tourist visa and claim asylum?

The Dublin Regulation is the European law that determines where an asylum seeker's claim is processed. But does it cover everyone, even those with a tourist visa? We asked Petra Baeyens from the European Legal Network on Asylum for answers.

Under the Dublin system, the first country of entry into the EU is generally responsible for examining an asylum seeker's application. Recently InfoMigrants received a question on social media from Akuma*, who is originally from Cameroon. He wanted to know if this rule also applies to people who enter the EU on a tourist visa and then travel within the visa-free Schengen Zone to another country and apply for asylum there.

This is exactly what Akuma did, yet he was detained and transferred under Dublin rules, and is now back in the country of first entry, in his case, Italy. He said this shouldn’t have happened.

Akuma's story

Akuma comes from the English-speaking part of Cameroon. He came to Italy on a tourist visa, which was issued to him by a “travel agent/trafficker with shallow knowledge of the procedure.”

From Italy, Akuma flew to Belgium, where he had actually wanted to go in the first place, because he had friends there. At the airport in Brussels he applied for international protection, but instead of processing his claim, Belgium returned him to Italy as a “Dublin transfer.”

“All efforts to block my transfer failed and I was finally sent to Italy after spending 84 days in a detention centre, deprived of my phone and important communication for no crime committed,” Akuma wrote.

He has now been granted protection in Italy, but he is unemployed and lacks the support he needs.

“I am currently entangled in Italy with the language barrier, no jobs, inadequate health coverage, no integration programs or psychosocial support,” he explained.

There may have been several factors that led to Akuma's detention, and we don't know the exact reason for his transfer to Italy. However, with the help of Petra Baeyens, an asylum law expert with the European Council on Refugees and Exiles (ECRE), we have been able to clarify some issues:

First, it is possible to travel to Europe with a short-term visa (for example, a tourist visa) and apply for asylum after arriving in the EU.

The same goes for people travelling from  visa-free countries  such as the Western Balkans, Georgia and Venezuela.

However, "Dublin" still applies in these cases of third country nationals travelling with a visa. There are special criteria for such situations, which are set out in Article 12 of Chapter III of the Dublin Regulation.

Short-term visas, also called Schengen visas or C-visas, are issued for the whole of the Schengen area, meaning that you can travel to any country within the Schengen area.

If you overstay your visa, this will be recorded in the  Visa Information System . If you return at a later date and apply for a visa again, this may be refused, since you overstayed the first time, explained Baeyens.

If you overstay your visa, and have not introduced other residency procedures, your stay will become irregular and there is a risk that you will be deported.

You can still apply for asylum after having overstayed a visa, but the longer you wait before applying for international protection, the more it can affect your credibility.

False visas or documents

There is no reason to think that Akuma was using anything other than a valid tourist visa. However, according to the United Nations Office on Drugs and Crime, visa fraud is a common modus operandi for migrant smugglers. InfoMigrants asked Petra Baeyens what would happen if a migrant travelled with a smuggled or falsified visa.

In this case, said Baeyens, you can still apply for asylum, and your application still needs to be examined according to the principle of non-refoulement (which says you cannot be returned to a country where you would be at risk of harm or persecution).

However, if you travel with false documentation you could end up in detention. Also, this could undermine the credibility of your asylum claim.

If you are found to be using false documents, it may also be used as a reason to apply accelerated procedures, meaning a country can decide that your case is unfounded because, for example, you misled the authorities.

*Akuma is an adopted name

Read more:  The Dublin Regulation: Your questions answered

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Influx of Asylum Seekers Surprises Canada and Cities Bear the Cost

(Bloomberg) -- Canadian cities are being overwhelmed by a record surge of newcomers seeking asylum, straining their budgets and pushing temporary shelters beyond their limits. 

In Peel, a suburban region in greater Toronto, the shelter system is running at 300% of capacity, with asylum-seekers occupying more than 70% of the beds and many more camping on the streets, according to Patrick Brown , the mayor of Brampton, Ontario. 

“It’s an ugly situation. If Canada’s going to allow more asylum claimants into our country, we need to make sure that they’re not left abandoned, and frankly, what we’ve seen is too much of that,” said Brown, whose city of almost 700,000 people is not far from Toronto Pearson, the country’s busiest airport. 

Brampton’s stress is a microcosm of Canada’s struggle to cope with rapid increases in the number of immigrants seeking refuge. Shelter systems in Montreal, Ottawa and Vancouver are also over capacity — exacerbating a shortage of available places for the homeless population. 

A rise in asylum claimants has become a major political issue across many countries, including the US, where cities such as New York and Chicago are grappling with how to manage the waves of migrants who’ve traveled across the southern border. Although Canada’s geography means it sees a fraction as many irregular border crossings as the US, there’s been an increase in the numbers arriving by air — particularly from Mexico. 

Read More: Abbott’s Migrant Bus Gambit Thrust the Border Into the 2024 Race

The influx has prompted Prime Minister Justin Trudeau’s government to make policy shifts. Last year, Trudeau and US President Joe Biden agreed to end a pact that had resulted in asylum-seekers crossing into Canada from the US at a location known as Roxham Road. Then, in February, Trudeau’s government reimposed visa rules for many Mexican citizens. 

And last month, Canada said it plans to reduce the size of its temporary resident population, a group that includes asylum claimants and foreigners on temporary work permits. 

Mexico is by far the largest source country for those seeking asylum in Canada, followed by Haiti, Turkey, India and Colombia. In Brampton, about 80% came from five African countries, including Kenya and Nigeria, Brown said.

The numbers have risen because of the overlapping conflicts and crises in other nations, the resumption of international travel after the pandemic and Canada’s broadening of the legal basis for asylum claims. 

Trudeau’s government — under pressure from Quebec Premier Francois Legault and Toronto Mayor Olivia Chow — offered about C$360 million ($265 million) in January to provinces and cities to help deal with “extraordinary interim housing pressures” from asylum claimants. It says it’s transferred about C$750 million to other levels of government since 2017 to help with asylum-related housing costs.

Still, Brown’s contention is that the national government hasn’t done enough. Last year, his region had a shortfall of more than C$20 million to care for them and the mayor projects that to triple this year.  

“If we’re going to be a country that offers safe harbor to those fleeing adversity, they can’t be left out in the frigid cold in that process,” Brown said. 

Student Population

The rapid growth in asylum seekers in Canada is happening in tandem with record population gains, driven by foreign workers and international students. But frustration over housing shortages has forced Trudeau’s government to scale back on its immigration ambitions in recent months — among other things, it’s capping the number of foreign-study permits. 

Brampton is also a focal point of colleges trying to cash in on the demand from those international students, many of whom see higher education as a pathway to settling in Canada. The number of international students in the country has tripled to around 1 million in less than a decade. 

Many of the new arrivals faced soaring rents and lack of part-time jobs, and some, according to Brown, are “living in unfortunate conditions — sometimes in encampments, sometimes 25 students in a basement apartment.” Some asylum seekers in Brampton also live in a “large encampment outside the shelter system itself,” Brown said. Prior to the surge that started around mid-2023, asylum claimants took up just 2% of local shelter beds, he said. 

“It’s put a significant cost barrier on cities. Cities have never funded this before,” Brown said. Under Ontario law, local governments can’t run budget deficits to pay for such unexpected costs. “So if you have people living on the sidewalk, that means you either have to take it from your public transit fund, your police fund, your paramedic fund, it’s just a negative cycle. We’re hoping it doesn’t get to that.”

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Situation in Haiti March 29, 2024

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IMPORTANT ANNOUNCEMENT: Follow-to-Join Refugee Case Processing Now Centralized

Due to processing changes, follow-to-join refugee cases processed by Department of State embassies and consulates will only be processed at embassies or consulates offering immigrant visa services, or U.S. Citizenship and Immigration Service (USCIS) international field offices.  This will mean that cases currently being processed at posts that only adjudicate nonimmigrant visa applications will be transferred and follow-to-join refugee beneficiaries may need to travel to another country in order to be interviewed.  If your case is being transferred, you will be notified by the Department of State. 

The list of U.S. embassies and consulates below reflect some of the processing locations that will no longer process follow-to-join refugee cases, along with the newly designated embassy, consulate , or USCIS international field office to which the cases will be transferred.  For example, a follow-to-join refugee case arising in the consular district of the U.S. Embassy in Bamako, Mali, will now be processed at the U.S. Embassy in Dakar, Senegal. 

For a more complete list, you can visit Visa Issuing Posts in order to confirm whether an embassy or consulate nearest to your residence will process your follow-to-join refugee case. If the location provides “All” visa services, then your follow-to-join refugee case can be processed there, unless there is a USCIS international field office in that country.  Locations marked only as “NIV” will no longer process follow-to-join refugee cases.  Embassies or consulates that only offer nonimmigrant visa (NIV) services will note the designated processing post for immigrant visas (and follow-to-join refugees) on their websites https://www.usembassy.gov/ .  

Please note that the change only impacts follow-to-join refugees.  Follow-to-join asylees can still be processed at locations offering just NIV services.

What if I was already interviewed?

If you have not been issued a boarding foil, then your case file will be transferred to the regional processing location noted above or on the Visa Issuing Posts page.  

How will I know if my case has been transferred?

The Department of State will notify you if your case is transferred to another location.

What if I choose to have my case transferred to another location, since I am unable to travel to this NEW designated location?

Follow-to-join refugee beneficiaries may request to process their cases at another immigrant visa processing U.S. embassy or consulate that is different than the one designated.  If you would like to have your case transferred to a different embassy, consulate, or USCIS international field office, then you must provide justification for the case transfer and show that you can legally be present in the country while your case is being processed.  You will first need to submit a request directly with the National Visa Center (NVC) through the Ask NVC online submission form.  You should select the “How can I request to have my interview scheduled at a different U.S. Embassy overseas?” in the question dropdown list.  In the box entitled “Additional comments or questions not in the above list”, you should include a justification for requesting the different location and note that it is in regards to “follow-to-join refugee centralization.”

Can I use my still valid medical exam at a new processing location?

Yes, the results of a still valid medical exam completed in another location can be transferred to another embassy, consulate, or USCIS international field office.

Spouse and Unmarried Minor Children Abroad Following to Join a Refugee or Asylee in the United States

Welcome to the webpage dedicated to follow-to-join refugee and asylee processing. You have come to this webpage if you have a USCIS approved I-730 petition, and you received an email or letter from the National Visa Center (NVC) telling you that your petition was sent overseas for processing. Find the subject in the list below and click to visit that section of the page.

Overview – Follow-to-Join Refugees and Asylees

• Follow-to-Join Overseas Processing Steps

Overseas Interview Appointment Scheduling

Documentation needed for the overseas interview, medical examination and vaccination requirements, how long will it take to process a case overseas.

• Ineligibilities - What if a Beneficiary is Ineligible?

Case Inquiries

Using a Form I-730, Refugee/Asylee Relative Petition, a person who has been granted asylum or refugee status in the United States (the petitioner) may petition to have his or her spouse and/or unmarried children, who are called beneficiaries, join him or her in the United States. Overseas, the beneficiaries of Forms I-730 filed by asylees in the United States are known as  follow-to-join asylees . Beneficiaries of Forms I-730 filed by refugees are known as  follow-to-join refugees .

Follow-to-Join Overseas Processing

1.  Petition Filing:  An individual (petitioner) who was granted asylum in the United States as a principal asylee or who was resettled to the United States as a principal refugee can file an I-730, Refugee/Asylee Relative Petition, within the first two years of arrival, with the Department of Homeland Security (DHS), U.S. Citizenship and Immigration Services (USCIS), on behalf of his or her spouse and unmarried child(ren) (beneficiary). Further details on petition filing are available on the USCIS website under  Form I-730, Refugee/Asylee Relative Petition .

2.    National Visa Center (NVC) Pre-Processing Case Assignment:  If the beneficiary of an approved petition is located overseas, USCIS sends the approved Form I-730 petition to the  National Visa Center (NVC) . NVC then forwards the case file to the overseas location where the beneficiary will interview. NVC sends the petitioner a letter or email telling him/her which office will interview the beneficiary, how to get in touch with that office, and what steps to take next.   

3.  Beneficiary Interview:  The beneficiary will be interviewed by either a Department of State consular officer or USCIS officer at a U.S. Embassy or Consulate overseas. This interview will confirm the beneficiary’s identity, claimed relationship to the petitioner, and eligibility to travel to the United States. During the interview process, the beneficiary must provide ink-free, digital fingerprint scans. The beneficiary interview requires careful preparation, including having all required original documents available for the interview. Some beneficiaries also must complete a  medical examination  prior to interview. See the “Documentation Needed for the Overseas Interview” section below for details on what to bring to the interview.

4.  Approval to Travel as a Follow-to-Join Refugee or Follow-to-Join Asylee:  The interviewing officer will tell the beneficiary if he or she has been found eligible to travel to the United States.

5.    After Interview Processing:  Some cases require further  administrative processing , which takes additional time after the beneficiary’s interview. Follow-to-join refugee beneficiaries, for example, undergo post-approval processing to arrange for sponsorship by a voluntary resettlement agency in the United States upon arrival. (NOTE: All follow-to-join refugee beneficiaries are required to have a sponsorship assurance from a resettlement agency before travel to the United States in order to receive refugee benefits.)

6.    Issuance of Boarding Foil and Travel Packet:  An officer will place a boarding foil in the approved beneficiary’s passport or other travel document. The beneficiary also will receive a sealed envelope – called a "travel packet" – containing the documents for review by a DHS immigration official when the beneficiary enters the United States.

7.    Travel Arrangements : The beneficiary must enter the United States before the expiration date printed on the boarding foil. The officer who conducted the interview will advise the beneficiary about travel arrangements to the United States. Typically, follow-to-join asylee beneficiaries are instructed to make their own travel arrangements. Travel arrangements for follow-to-join refugee beneficiaries, on the other hand, are required to be arranged and managed by the International Organization for Migration (IOM). Follow-to-join refugee beneficiaries who arrive in the United States without IOM coordination will not receive the reception and placement benefits to which they are entitled.

8.    Entering the United States : The boarding foil issued to the beneficiary allows him or her to travel to the U.S. port of entry to request permission to enter the United States. However, the boarding foil does not guarantee entry into the United States. The DHS Customs and Border Protection (CBP) officials at the U.S. port-of-entry have the authority to permit or deny admission to the United States. Upon arrival at the port-of-entry, the beneficiary must give the CBP officer his or her passport (or other travel document) with boarding foil and the unopened/sealed travel packet envelope. Beneficiaries should review important information about admission and entry requirements on the CBP website under  Travel .

All follow-to-join refugee and asylee beneficiaries must be interviewed by a USCIS officer or Department of State consular officer at a U.S. Embassy. When a case is ready for interview, the embassy will send the applicant or petitioner a letter with instructions explaining how to schedule an interview appointment. 

Failure by a beneficiary to schedule an interview appointment will result in processing delays. It is critical that the overseas office conducting the beneficiary interview has the current contact information – including physical and mailing addresses, telephone numbers, and email addresses – for the petitioner, beneficiary, and if applicable, the representative of record on the case.

For interviews conducted by the Consular Section: Please follow the instructions the U.S. Embassy sends you and the guidance in the below section titled “Documentation Needed for the Overseas Interview.” You can also visit  Interview Preparation – Interview Guidelines  for general information on how to prepare for an interview at a U.S. Embassy or Consulate.  Important:  Not all of the documents required for immigrant visa applicants are necessary for beneficiaries of I-730 petitions.  The information on this link should be used as a general outline of what an interview is like.

For interviews conducted by an overseas USCIS office: After the interview is scheduled, the USCIS office will send the beneficiary a confirmation notice, which will outline the requirements that the beneficiary must fulfill before his or her interview.

1.     The original  and a photocopy of the following civil documents for each beneficiary, as applicable. These documents confirm the beneficiary’s identity and relationship to the petitioner in the United States:

    a. Birth certificate;

    b. Marriage certificate;

    c. Certified adoption decree;

    d. Divorce certificate         (if needed to prove the legal termination of previous marriages);

    e. Death certificate         (if needed to prove the legal termination of previous marriages); and

    f. Documentation of any legal name change.

    g. Six photographs of the beneficiary         (see the photograph requirements); and

    h. A photocopy of the biographical data page of the beneficiary’s passport, if available.

    Note: Documents written in a language other than English must be accompanied by a certified English translation. When the beneficiary is interviewed overseas, the interviewing officer may ask for additional information, such as photographs and other proof that the relationship with the U.S. petitioner is genuine. 

2.     One or more travel document(s) , such as a passport, with a validity date at least six months beyond the beneficiary’s intended date of entry into the United States and/or picture identity card (for example, a refugee travel document).

3.     Other evidence of relationship  between the beneficiary and petitioner, such as photographs, available school records, family correspondence, phone bills, documentation demonstrating financial support, and other proof that the relationship is genuine.

4.     Completed Medical Examination Report , which will be provided by an embassy-approved panel physician after the beneficiary has successfully completed a medical examination and vaccinations (see below). 

Important Notice : Follow-to-join asylee beneficiaries must complete their medical exam  before  their interviews with a USCIS officer or Department of State consular officer, and they are responsible for paying the cost of the medical examination. Follow-to-join refugee beneficiaries typically are instructed to complete their medical exams after their interviews, and the U.S. Government pays all costs associated with the medical examination.

Before the issuance of a follow-to-join refugee or asylee boarding foil, every beneficiary, regardless of age, must undergo a medical examination, which  must be performed by an authorized panel physician. See  Medical Examination  for more information. You can find a list of approved panel physicians by country on our  Interview Preparation – Interview Guidelines  web page. 

Follow-to-join refugee and asylee beneficiaries are encouraged to get certain vaccinations. Although vaccinations are not required prior to travel to the United States, they will be required when adjusting status to that of lawful permanent resident. Beneficiaries are therefore encouraged to fulfill these vaccination requirements at the time of the medical examination. See  Vaccination Requirements for IV Applicants  for the list of vaccinations.

Once a case has been transferred by NVC to the appropriate USCIS office or U.S. Embassy Consular Section, the length of time needed to complete the case varies according to its circumstances, and cannot be predicted with any accuracy. (It is important to provide correct postal addresses, telephone numbers, and email addresses for both the petitioner and the beneficiary to the U.S. Embassy or USCIS office processing the case. See  Case Inquiries  below). Some cases require further  administrative processing , which takes additional time after the beneficiary’s interview.

Please visit  My Case Status  on the USCIS website to obtain a status on an I-730, Refugee/Asylee Relative Petition. If the case has been transferred overseas by NVC, the petitioner or beneficiary may contact the USCIS office or U.S. embassy processing the case for information.

Ineligibilities

Certain conditions and activities may make the beneficiary ineligible for admission to the United States. If a beneficiary is ineligible, he or she will be informed by the USCIS officer or Department of State consular officer at the time of interview, and advised whether there is a  waiver  of ineligibility and what the waiver process is. Ineligible cases are returned to the USCIS Service Centers that initially approved them for further action.

There is no cost to file a Form I-730, Refugee/Asylee Relative Petition. There is no cost to schedule a Form I-730 beneficiary interview. 

If petitioners, beneficiaries, or representatives have a question concerning a follow-to-join refugee or asylee case in progress at a USCIS office or U.S. Embassy, first contact the appropriate USCIS office or U.S. Embassy for status information. Case status information also is available on the USCIS website under  My Case Status .

Before making an inquiry, petitioners and representatives should carefully review this website for answers to questions. Because of the volume of inquiries received, USCIS and the Department of State cannot promise an immediate reply to an inquiry.

Department of State contact information is available at  Contact Us . USCIS contact information is available at  Contact Us .

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Meet the Sydney volunteers who are feeding families fleeing Gaza

Palestinians arriving in Australia on visitor visas are facing hardship – and community organisations are stepping in to help

• Follow our Australia news live blog for latest updates
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• Bake for Gaza: Inside the kitchen supporting Palestinian arrivals – Full Story podcast

Alaa leans back in his chair after a hearty iftar at Shanglish, a Sydney restaurant that has been offering free dinners to Palestinian refugees.

“Without their generosity, we would struggle to eat at all,” he says.

“I have brought my family here three times this week, each time they are more than accommodating. They even call me and ask if I am coming today. We are indebted to them.”

Alaa has asked to remain anonymous, concerned that his words could affect his family’s application for refugee status. He is on a student visa and brought his family to Sydney on visitor visas as the death toll from Israel’s onslaught on Gaza continued to climb. More than 32,000 people are reported to have died so far.

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As his three children quietly eat their dinner, and with a buzzing buffet in the background, Alaa explains how difficult it has been since they arrived.

“Since they are on visitor visas, they do not receive any kind of support – we are out here on our own, trying to make it work.”

Arrivals from Palestine have been trickling into Australia, many on visitor visas and without legal or financial support .

Into this void have stepped community organisations. Some have organised donation drives to provide people with essential items including clothes and furniture; others have worked to provide food, alongside legal and settlement services.

Shanglish, a restaurant and cafe chain in Bankstown, has shut down one of its branches and repurposed it as a soup kitchen for the holy month of Ramadan, during which Muslims fast from dawn until sunset.

Community Care Kitchen organised the recommissioning of Shanglish, paying the rent and staff salaries for a month and using it to provide families from Gaza food packages to break their fast.

Sana Karanouh, one of the leading volunteers at the organisation, says the repurposed cafe cannot meet the demand.

“We are spending upwards of $5,000 a day feeding up to 45 families a night,” she says. “We have faced an influx of people, struggling without government support and amid this cost-of-living crisis.

“The families who are fed by the program are extremely grateful, they tell us it’s the only good thing happening to them at the moment.”

Karanouh explains that families register with the organisation, then call to place an order in the morning that they can pick up just before sunset.

“On the first two days of Ramadan, our phone lines completely collapsed due to the demand,” she says. “We tend to get different people every day, different families. These are people who were not poor in Gaza but have been through hell.”

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Karanouh says there is “huge community backing” but more can be done to support the arrivals.

Karima Hazim couldn’t agree more. The head of Sunday Kitchen, a cooking school that specialises in Lebanese dishes, launched a donation drive called Bake for Gaza, where volunteers are invited to help her bake and sell boxes of ma’moul – a Levantine biscuit baked on special occasions, such as for Eid or Lent.

All profit goes towards supporting families arriving from Gaza. Hazim says she has been overwhelmed by the demand.

“I thought I’d be baking 20 to 30 boxes,” she says. “The first night I put it on Instagram, I got 100 orders. We have had over 200 orders. People are looking for ways to show their support.

“Some of the people ordering don’t even know what ma’moul is, they are just looking for some way to support people from Gaza. Many people pick up the boxes in tears. They know what is going on, they are grieving.”

Hazim says she has assembled a group of 10 to 15 volunteers – “complete strangers until now” – to complete the orders with donated ingredients at a commercial kitchen provided for free.

“We know we’d struggle to get any donations into Gaza, so this is what we can do now. Some of the money is handed directly to the arrivals, to buy whatever they want or need.”

Hazim says the donations have been used to pay for rent, clothes and essentials.

“Gaza has been on everyone’s mind for six months. It’s been a long time, of grief and misery. We had to do something.”

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Neom Job Posting Points to E-Visa Program For Saudi Project

Josh Corder , Skift

April 2nd, 2024 at 7:56 AM EDT

Neom is a massive $500 billion development in Saudi Arabia, which potentially could have its own laws.

Josh Corder

A job ad posted by Neom suggests the Saudi development could be working on its own e-visa program for travelers and residents. Neom is a flagship project from the Saudi Arabian crown prince – a $500 billion development.

The posting is for a senior manager of visas and immigration. It lists several core responsibilities, including: “Overseeing the issuance and publishing of visa and residency and work permit information, policies, and processes on the Neom e-visa system.”

The senior manager will also be tasked with ensuring Neom “has in place a flexible and inviting visa and immigration system that creates conditions for hiring the best global talent and for being a destination of choice for visitors.”

The destination’s visa department is headed by Edward J. Palmer, the director of visas and immigration. Prior to Neom, he worked with immigration services major Fragomen and VFS Global. He was also deputy director of visa services – UK visas and immigration for the Foreign and Commonwealth Office.

Neom did not respond to Skift’s request for comment.

E-Visas in Saudi Arabia

In 2019, Saudi Arabia opened for international tourism for the first time. The Gulf capital launched with e-visas for 49 countries and has continued to expand that number since. Today, it is for 63 countries. Easing entry into Saudi Arabia is of utmost importance for the country to achieve its Vision 2030 to attract 150 million travelers by the end of the decade.

Since its inception, it has been speculated Neom could be autonomous from wider Saudi.

“Neom is meant to be a model where this region will be a semi-independent free zone, it will have its own laws, it will have its own regulations and its own authority as a semi-government,” said Neom CEO Nadhmi Al-Nasr said in 2021 at an online conference hosted by Nikkei, the Japanese media group. “The reason for this is because it is our vision to make this the most competitive free zone in the world,” he said.

Middle East Travel Roundup

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Tags: e-visas , neom , saudi arabia , Saudi Tourism , Tourism news , visas

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Change My Nonimmigrant Status

If you want to change the purpose of your visit while in the United States, you (or in some cases your employer) must file a request with USCIS on the appropriate form before your authorized stay expires. For instance, if you arrived here as a tourist but want to become a student, you must submit an application to change your status. We recommend that you apply as soon as you determine that you need to change to a different nonimmigrant category.

Until you receive approval from USCIS, do not assume the status has been approved, and do not change your activity in the United States.  For example, if you are currently a nonimmigrant tourist, do not begin attending school as a student until you have received authorization from USCIS to change your status. If you fail to maintain your nonimmigrant status, you may be barred from returning to and/or removed (deported) from the United States. Your authorized status and the date your status expires can be found in the lower right-hand corner of your Form I-94, Arrival-Departure Record .

In general, you may apply to change your nonimmigrant status if you were lawfully admitted to the United States with a nonimmigrant visa, your nonimmigrant status remains valid, you have not violated the conditions of your status, and you have not committed any crimes that would make you ineligible.

You do not need to apply to change your nonimmigrant status if you were admitted into the United States for business reasons (B-1 visa category) and you wish to remain in the United States for pleasure before your authorized stay expires.

You do not need to apply to change your nonimmigrant status if you wish to attend school in the United States, and you are the spouse or child of someone who is lawfully admitted to the United States in any of the following nonimmigrant visa categories:

• Diplomatic and other government officials, and employees (A visa category)
• International trade and investors (E visa)
• Representatives to international organizations and their employees (G visa)
• Temporary workers (H visa)
• Representatives of foreign media (I visa)
• Exchange visitors (J visa)
• Intracompany transferees (L visa)
• Academic (F visa) or vocational (M visa) students (you may attend elementary, middle or high school only: if you want to attend post-secondary school full-time you must apply for a change of status).

You may not apply to change your nonimmigrant status if you were admitted to the United States in the following categories:

• Visa Waiver Program 
• Crew member (D nonimmigrant visa)
• In transit through the United States (C nonimmigrant visa)
• In transit through the United States without a visa (TWOV)
• Fiancé of a U.S. citizen or dependent of a fiancé (K nonimmigrant visa)
• Informant (and accompanying family) on terrorism or organized crime (S nonimmigrant visa)

If you are a vocational student (M-1) , you may not apply to change your status to a(n):

• Academic student (F-1)
• Any H status (Temporary worker), if the training you received as a vocational student in the United States provided the qualifications for the temporary worker position you seek.

If you are an international exchange visitor (J-1), you may not change your nonimmigrant status if:

• You were admitted to the United States to receive graduate medical training, unless you receive a special waiver.

You are an exchange visitor and are required to meet the foreign residence requirement, unless you receive a waiver.

• If you do not receive a waiver, you may only apply to change to a diplomatic and other government officials (A visa) or representatives to international organizations (G visa)

For information on how to apply, see the How Do I Apply  page.

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Japan broadens its worker visa Programme 2024; plans to invite 820,000 foreigners!

Times of India TIMESOFINDIA.COM / TRAVEL NEWS , JAPAN / Updated : Apr 1, 2024, 23:39 IST

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Japan expands foreign worker visa program to address driver shortage, aiming to admit 820,000 skilled workers over five years. The initiative includes new regulations and requirements for positions in the transportation and railwa … Read more

Japan expands foreign worker visa program to address driver shortage, aiming to admit 820,000 skilled workers over five years. The initiative includes new regulations and requirements for positions in the transportation and railway sectors. Read less

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Japan expands foreign worker visa program to address driver shortage, aiming to admit 820,000 skilled workers over five years. The initiative includes new regulations and requirements for positions in...