Refugee claims for people already in California are actually called asylum applications and are filed with U.S. Citizenship and Immigration Services (USCIS)
The specific office for filing depends on the applicant’s location and whether they are in removal proceedings. The following is for people who are in California and are not in removal proceedings.
USCIS asylum offices
Asylum seekers in California must submit their Form I-589 application to one of the following USCIS asylum offices, determined by county of residence:
- Los Angeles Asylum Office
: Covers applicants residing in the California counties of Imperial, Los Angeles, Orange, Riverside, San Bernardino, San Diego, San Luis Obispo, Santa Barbara, and Ventura.
- San Francisco Asylum Office
: Covers all other counties in California not served by the Los Angeles office, including Alameda, Contra Costa, Fresno, Sacramento, Santa Clara, and Stanislaus.
How to apply for asylum
- Complete and file Form I-589: The first step is to fill out and submit Form I-589, Application for Asylum and for Withholding of Removal. This form must be submitted within one year of your last arrival in the U.S., with some exceptions. You can file online or by mail, depending on your situation.
- Attend an interview: After your application is filed, you will be scheduled for an interview with an asylum officer at the appropriate asylum office. During the interview, you will answer questions about your claim.
- Receive a decision: The asylum officer will issue a decision. If your claim is not granted, your case will be referred to an immigration judge for a hearing, assuming you are not already in removal proceedings.
If you are in removal proceedings
If you have already been placed in removal proceedings, your asylum claim is filed with an immigration court, not with USCIS. This is known as “defensive asylum”. For these cases, you will file your Form I-589 with the Executive Office for Immigration Review (EOIR), and your asylum hearing will take place before an immigration judge.
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