Last updated:
Introduction
The United States is one of the most popular destinations for asylum seekers, thanks to its strong human rights protections and democratic traditions.
Today, I'll explain in detail the asylum application process in the United States and all the key steps:
1. Submitting an application.
2. Case review.
3. Appeal.
4. Court hearing.
5. Submitting a new application.
This material will help you understand what to expect at each stage of the process and how to properly prepare your case.
1. Applying for asylum
The process of applying for asylum in the United States begins with choosing a method of application:
At the border or at the point of entry
• If you are crossing the U.S. border or entering the country through an airport, you may declare your intent to apply for asylum to a Customs and Border Protection (CBP) officer.
• You may then be sent to a detention center for a Credible Fear Interview.
Domestically (Affirmative Asylum Process)
• If you are already in the United States, the application is submitted through USCIS (US Citizenship and Immigration Services) using Form I-589.
• Application must be filed within 1 year of arrival in the United States.
Documents to be submitted:
• Passport or other identification documents.
• A detailed description of the reasons why you cannot return to your country.
• Evidence of threats (threatening letters, subpoenas, medical certificates, expert reports).
2. Interview with USCIS
After you submit your application to USCIS, you will be scheduled for an interview with an immigration officer.
What is important to know about the interview?
• You must appear in person at the USCIS office at the appointed time.• The interview will be conducted with the participation of an interpreter (if necessary).
What do you need to prepare for the interview?
• A complete and detailed statement.• Evidence of threats, such as photographs, medical documents, an expert report.
Results of the examination:
• If the application is approved, you are granted refugee status.• If the application is denied, your case is transferred to immigration court for further proceedings.
3. Immigration Court (Defensive Asylum Process)
If USCIS denies your application, you will participate in the Defensive Asylum Process in immigration court.
The court process:
1. The judge hears the applicant and his or her attorney.2. A representative of the DHS (Department of Homeland Security) may present objections.3. The applicant presents evidence, including an expert report.
What evidence is important in court?
• The applicant’s statement.• Documents that substantiate the threats.• An expert report, which helps explain to the court the situation in the applicant’s home country.
4. The Role of the Expert Report
An expert report is an independent document prepared by an expert to confirm the reality of the threats in the applicant’s home country.
The objectives of the report are:
1. Confirming context: Describing the current situation in the applicant’s home country: political instability, repression, conflict.
2. Strengthening the evidence base: Substantiating the risks to the applicant and the impossibility of safe return.
3. Using authoritative sources: Amnesty International, Human Rights Watch, UN.
The expert report plays a key role at all stages:
• At the application stage: It helps USCIS understand the situation in the applicant’s home country.
• In court: The report allows the judge and DHS representatives to see the full picture.
• On appeal: It points out errors in the previous decision or confirms new circumstances.
Russia and CIS Expert: Assistance in preparing expert witness reports for asylum applicants from Russia, Armenia, Azerbaijan, Belarus, Georgia, Kazakhstan, Kyrgyzstan, Moldova, Tajikistan, Turkmenistan, Ukraine, and Uzbekistan
My name is Maxim Kharitonov, and I am an expert on human rights , political repression, and social abuses in the CIS countries. My work focuses on providing objective and professional expert witness reports for asylum seekers in countries such as the United States, United Kingdom, Canada, and the European Union. I specialize in analyzing and presenting evidence supporting the risks of persecution in the former Soviet Union.
My achievements:
- Over 100 successfully prepared expert witness reports for asylum applicants from CIS countries, including Russia, Belarus, Tajikistan, Ukraine, Armenia, Azerbaijan, Kazakhstan, Georgia, Kyrgyzstan, Moldova, Turkmenistan, and Uzbekistan – at the appeals and initial application stages.
- Collaboration with leading US and UK law firms, including the preparation of reports that have become key evidence in successful asylum cases.
- Winner of the Expert Witness Awards 2024 in the category "Best Expert on Immigration Issues".
- My in-depth knowledge of the legal and political situation in the CIS countries allows me to objectively assess the risks of political persecution, human rights violations, and other factors affecting the safety of applicants.
- Recognition as a respected expert in the field of human rights and political repression, including inclusion in the Experts for Immigration and Justice (EIN) database: https://www.ein.org.uk/experts/kharitonov
Having gone through the asylum process myself, I understand how important it is to present the court with a complete and accurate picture of what happened.
If you are looking for a professional expert on political asylum issues from the CIS countries, my services will help you prepare a strong and compelling case for your clients.
How I prepare an expert report:
- Analysis of the General Situation: I examine the political, religious and social conditions in the applicant's country of origin, including repression, persecution, human rights violations and other threats.
- Analysis of the applicant's circumstances: I study the statement, interview, provided documents and the decision of the court or immigration authority.
- Research: I use international and local sources, such as Amnesty International, Human Rights Watch, the UN , and local media. I support every fact with references using the OSCOLA methodology.
- Compliance with standards:
- My reports are strictly regulated and comply with the guidelines set out in the Upper Tribunal's Practice Direction on Expert Evidence.
- Having accepted responsibility for the analysis and preparation of the report, I confirm the accuracy of all facts presented and the correctness of the opinions expressed.
Declaration of Truthfulness:
At the end of each report, I sign a declaration confirming that all information presented is based on reliable sources and that the opinions expressed are my own.
Liability to Court:
- My professional remuneration is not dependent on the outcome of the case, which guarantees objectivity and the fulfillment of my duty to the court.
- In some cases, I may be called to court to provide evidence regarding circumstances in the appellant's country of origin.
— Maxim Kharitonov
How to contact me
: Email: info@thehuman-rights.com
Application on the website:
thehuman-rights.com
Working hours:
- I respond to requests within 1 hour.
- I prepare reports within 1 week, including complex and extensive cases.
5. Appeal to the Council of State (Conseil d'État)
If your appeal is rejected, you can file a complaint with the Conseil d'État, France's highest court.
When is this possible?
A complaint is filed in the event of legal errors or procedural irregularities at the CNDA.
The filing process:
- The complaint must be filed within 2 months of the CNDA refusal.
- The court may overturn the CNDA's decision and remand the case for retrial.
6. New application (réexamen)
If all previous attempts have been unsuccessful, you can submit a new application based on new circumstances.
What do you need for a new application?
- New evidence confirming the change in the situation in the country.
- Expert report substantiating the relevance of the threats
7. Fresh Claim
If all the previous steps fail, you can file a Fresh Claim.To do this, you need:
- New evidence that significantly changes the essence of the case.
- An expert report confirming changes in the situation in the country.
Conclusion:
The asylum application process in France is complex, but with the right preparation and support, you have every chance of success.
An expert report is a key tool to help you explain your story and justify the risks.
Contact me:
- Email: info@thehuman-rights.com
- Web: thehuman-rights.com
US asylum and withholding cases are decided on country conditions as much as on credibility; to commission an expert report on the client's home country, use our expert witness finder.
Need an expert witness report for your case?
Our country experts provide independent reports for asylum and immigration cases in the UK, US, Canada, and EU.
Order an expert witness report |
Find a country expert witness |
About our expert team
