Understanding Asylum for Syrian Refugees
The ongoing conflict in Syria has created one of the world's largest refugee crises. If you've fled Syria and are seeking safety in the United States, asylum may offer you permanent protection. This comprehensive guide explains the asylum process and your rights under U.S. law.
What Is Asylum?
Asylum is a form of protection granted to individuals who have suffered persecution or fear persecution in their home country based on:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion
If granted asylum, you can:
- Live and work in the United States
- Apply for a green card after one year
- Eventually become a U.S. citizen
- Help certain family members join you
Are You Eligible for Asylum?
To qualify for asylum as a Syrian refugee, you must demonstrate that you:
Common Grounds for Syrian Asylum Cases
Syrian refugees commonly seek asylum based on:
Religious Persecution:
- Targeting of religious minorities (Christians, Alawites, Druze, Yazidis)
- Forced conversion
- Destruction of religious sites
- Violence against religious communities
Political Opinion:
- Opposition to the Assad regime
- Pro-democracy activism
- Membership in opposition groups
- Refusal to serve in the military
- Social media posts critical of the government
Membership in a Particular Social Group:
- Doctors and medical professionals who treated protestors
- Journalists and media workers
- LGBTQ+ individuals
- Women refusing forced marriage
- Young men avoiding forced conscription
Nationality/Ethnicity:
- Kurdish Syrians
- Palestinian refugees in Syria
- Other ethnic minorities
The Asylum Application Process
#### Step 1: Arrive in the United States
You can apply for asylum regardless of how you entered the U.S., whether you:
- Arrived with a visa and overstayed
- Entered without documentation
- Were detained at the border
- Arrived at a port of entry and requested asylum
Important: You must apply within one year of your last arrival in the U.S., unless you can show changed circumstances or extraordinary circumstances that prevented timely filing.
#### Step 2: File Form I-589 (Application for Asylum and Withholding of Removal)
This is the formal asylum application. It must be filed with USCIS within one year of arrival.
What the Form Includes:
- Your personal information and family details
- Your travel history to the U.S.
- Detailed explanation of why you're seeking asylum
- Description of persecution you suffered or fear
- Supporting evidence and witness statements
- Information about family members included in your application
Documents to Include:
- Identity documents (passport, national ID card, birth certificate)
- Evidence of Syrian nationality
- Photos of injuries or damage
- Medical reports
- Police reports
- Death certificates of family members killed
- News articles about violence in your area
- Expert reports on country conditions
- Witness statements from others who know your story
- Membership cards from political organizations
Why Arabic-Speaking Help Matters:
The I-589 requires detailed, accurate descriptions of your persecution. A single mistake or inconsistency can lead to denial. An Arabic-speaking attorney can help you articulate your story clearly and compellingly in English while preserving its authenticity and emotional impact.
#### Step 3: Biometrics Appointment
Within 4-8 weeks of filing, you'll receive a notice for a biometrics appointment where USCIS will:
- Take your fingerprints
- Photograph you
- Conduct background checks
Bring your appointment notice and a valid photo ID.
#### Step 4: Wait for Your Interview
USCIS aims to interview asylum applicants within 45 days of filing, but the actual wait time can be:
- 6 months to 2 years for affirmative asylum cases
- Longer if there are backlogs or security clearance delays
While You Wait:
- Apply for work authorization (180 days after filing)
- Keep USCIS updated on any address changes
- Gather additional evidence
- Avoid criminal activity or immigration violations
- Maintain contact with your attorney
#### Step 5: The Asylum Interview
This is the most critical part of the process. You'll meet with an asylum officer who will:
- Ask detailed questions about your case
- Test the credibility of your story
- Review your evidence
- Assess whether you qualify for asylum
Interview Preparation:
Your Arabic-speaking attorney will:
- Review your entire application with you
- Conduct mock interviews
- Help you anticipate difficult questions
- Ensure you understand what to expect
- Prepare you for cross-examination
Common Interview Questions:
- Why did you leave Syria?
- Describe the persecution you suffered in detail
- When and where did these incidents occur?
- Who harmed you?
- Why were you targeted?
- Did you report the persecution to authorities?
- Why didn't the Syrian government protect you?
- What would happen if you returned to Syria?
- Have you lived in any other countries?
- Why didn't you apply for asylum there?
Tips for the Interview:
- Tell the truth: Inconsistencies or lies will result in denial and potential deportation
- Be specific: Include dates, places, names, and details
- Show emotion appropriately: It's natural to be upset when discussing trauma
- Ask for clarification: If you don't understand a question, ask for it to be repeated
- Take your time: Don't rush your answers
- Bring your attorney: Having Arabic-speaking legal representation is crucial
#### Step 6: Wait for the Decision
After the interview, the asylum officer will:
- Grant asylum - You'll receive a written approval and can apply for a green card after one year
- Refer your case to immigration court - Your case will be heard by an immigration judge
- Request additional evidence - You'll have an opportunity to provide more documentation
If Referred to Immigration Court:
This is NOT a denial. Many Syrian asylum cases are approved in immigration court. Your attorney will represent you in court proceedings, which can take 1-3 years due to court backlogs.
Defensive Asylum
If you're in removal proceedings (deportation), you can apply for defensive asylum in immigration court. This typically happens if you:
- Were apprehended at the border
- Were denied asylum by USCIS
- Violated your visa terms
- Have certain criminal convictions
The process is similar, but:
- You must present your case to an immigration judge
- The government's attorney will oppose your application
- Court procedures are more formal
- Having an experienced attorney is essential
Credible Fear and Reasonable Fear Interviews
If you're detained at the border or subject to expedited removal, you'll first need to pass a credible fear or reasonable fear interview. This is a preliminary screening to determine if you should have a full asylum hearing.
Credible Fear Standard:
You must show a "significant possibility" that you could establish asylum eligibility. This is a lower standard than the final asylum determination.
Reasonable Fear Standard:
Applies if you have prior deportation orders or certain criminal convictions. You must show a "reasonable possibility" of persecution or torture.
These Interviews Are Critical:
Failure to pass means immediate deportation. An Arabic-speaking attorney should be present to ensure you understand the questions and present your case effectively.
Building a Strong Syrian Asylum Case
Document Everything:
- Keep all evidence related to your persecution
- Obtain psychological evaluations documenting trauma
- Get expert reports on conditions in Syria
- Collect news articles about violence in your area
- Secure witness statements from family and friends
Be Consistent:
- Your written application, interview testimony, and court testimony must align
- Inconsistencies raise credibility concerns
- Your attorney helps ensure consistency throughout the process
Corroborate Your Story:
- Objective evidence strengthens your case
- Medical reports, photos, news articles, and expert testimony support your claims
- Even small corroborating details matter
Demonstrate Membership in a Protected Group:
- Clearly explain why you were targeted
- Show the persecution was because of race, religion, nationality, political opinion, or social group membership
- General violence or economic hardship typically isn't enough
Common Challenges for Syrian Asylum Seekers
One-Year Filing Deadline:
Many Syrian refugees miss this deadline due to lack of knowledge or legal representation. You can still file if you show:
- Changed circumstances (new persecution threats)
- Extraordinary circumstances (serious illness, mental disability, lack of access to legal help)
Credibility Issues:
Asylum officers and judges scrutinize your testimony for inconsistencies. Factors that can hurt credibility:
- Conflicting statements in your application and interview
- Implausible or vague testimony
- Lack of corroborating evidence
- Demeanor concerns (though cultural differences are considered)
Firm Resettlement Bar:
If you lived in another country where you had permanent status before coming to the U.S., you may be barred from asylum. However, many exceptions exist.
Criminal Bars:
Certain criminal convictions can make you ineligible for asylum, even serious convictions. However, you may still qualify for withholding of removal or protection under the Convention Against Torture.
Security-Related Concerns:
If you provided "material support" to armed groups (even under duress), this can bar asylum. However, waivers may be available for Syrian cases.
Work Authorization
Once you file for asylum, you can apply for an Employment Authorization Document (EAD) 150 days after filing (formerly 180 days). This allows you to work legally while your case is pending.
To apply:
- File Form I-765
- Include a copy of your asylum application receipt
- Pay the filing fee (or request a fee waiver)
- Attend biometrics appointment
Your EAD is valid for 1-2 years and must be renewed if your case is still pending.
Including Family Members
Your asylum application can include:
- Your spouse
- Unmarried children under 21
They must be listed on your I-589 application. If granted asylum, they'll receive derivative asylum status.
Family Members Abroad:
If your family is still in Syria or another country, you can petition for them to join you after receiving asylum through the Form I-730 (Refugee/Asylee Relative Petition).
After Asylum Is Granted
Once you receive asylum:
- You can work without restrictions
- You can travel with a refugee travel document (Form I-131)
- After one year, you can apply for a green card
- After 5 years of permanent residence (or 4 years from asylum grant), you can apply for citizenship
- You can help family members immigrate
Maintaining Asylum Status:
- Don't return to Syria (this may show you no longer fear persecution)
- Inform USCIS of address changes
- Renew your refugee travel document before travel
- Avoid criminal activity
What If Your Asylum Is Denied?
If your asylum is denied, you have options:
Appeal to the Board of Immigration Appeals (BIA):
- File within 30 days of the decision
- Present legal arguments why the judge erred
- Can take 1-3 years
Motion to Reopen or Reconsider:
- Present new evidence or legal arguments
- Must file within strict deadlines
Withholding of Removal and CAT Protection:
If you don't qualify for asylum, you may still receive:
- Withholding of Removal: Protection from deportation to Syria, but no path to green card
- Convention Against Torture (CAT) Protection: Protection if you'd likely be tortured in Syria
Why Syrian Asylum Cases Require Specialized Legal Help
Syrian asylum cases involve:
- Complex documentation from a war-torn country
- Psychological trauma that affects testimony
- Evolving political situations
- Security clearance issues
- Language and cultural barriers
An Arabic-speaking attorney who understands Syrian asylum cases can:
- Gather strong evidence despite limited access to Syria
- Prepare you for credibility challenges
- Navigate security-related concerns
- Present your case compellingly in English
- Handle complex legal procedures
- Provide culturally sensitive support
Get the Help You Need
Applying for asylum is one of the most important legal processes you'll ever face. The stakes are high - your safety and your family's future depend on it.
Don't navigate this alone. Our network of Arabic-speaking immigration attorneys has extensive experience representing Syrian refugees. We understand the trauma you've endured and the unique challenges Syrian asylum seekers face.
Contact us today for a free, confidential consultation. Your safety matters, and we're here to help you find protection in America.