Asylum Process Timeline in California (2025)

As California continues to be both a safe haven and a pressure point for asylum seekers, understanding the asylum process timeline in California is a key element to successfully navigating the process.

The Asylum Process Overview

By understanding the general asylum process, those applying for protection in the Golden State can get a more detailed glimpse into the associated timelines. The three main paths for seeking asylum in the United States incluyen:

• Affirmative asylum. This is an option for individuals who are not in removal proceedings and have newly arrived in the country. An affirmative asylum application must be filed through U.S. Citizenship and Immigration Services (USCIS) within one year of their date of entry.
• Defensive asylum. This asylum pathway is brought forward as a defense against removal proceedings in immigration court.
• Asylum merits interview. Also known as the credible fear route, this is triggered when an individual enters the country and comes forward with a fear of persecution. This can lead to a credible fear interview with an asylum officer.

California’s Role in the U.S. Asylum System

California sees some of the highest volumes of asylum applicants in court backlogs across the nation. On a federal level, as of fiscal year 2023, there were over one million asylum cases pending with USCIS, with 786,000 affirmative asylum applications being delayed for over 180 days.

As many Californians are living in households that have residents of diverse immigration statuses, this adds further pressure and urgency for families to secure crucial legal protections, like asylum.

Asylum Timeline Stages in California

The asylum timeline has several steps, which include the following:

Filing the Application (Day 0–365)

Individuals applying for affirmative asylum need to file Form I-589 within one year of their most recent arrival date in the U.S. Failure to meet this deadline commonly leads to denial, but there may be some exceptions for extraordinary conditions or changed circumstances.

Initial USCIS Review or Credible Fear Interview (Day 21–45)

Prior to the new administration in 2025, it was more common for people entering at the southern border or ports of entry who expressed fear of persecution to be granted a Credible Fear Interview with USCIS within 21 to 45 days. If they were found to have a credible fear, they were then referred to an asylum merits interview. This situation, however, has changed, especially since applying for asylum at the southern border is no longer an option as of January 2025.

Those applying affirmatively are scheduled for a biometrics appointment and eventually an asylum interview, with wait times varying drastically by location. As policies for the procedures and timelines of the asylum process have been recently subject to drastic change, it’s crucial to work with a skilled and knowledgeable attorney to understand the right steps for your case moving forward.

Work Authorization Eligibility (Day 150–180+)

Asylum applicants can file Form I-785 to apply for a work permit 150 days after they have submitted their Form I-589. They then receive employment authorization 180 days after submitting their application, if there are no delays, such as from inconsistent information on forms.

Immigration Court Proceedings (1–4 Years or More)

For defensive asylum cases and affirmative cases that have been referred to immigration court, the asylum seeker is issued a Notice to Appear. They will then have multiple hearings scheduled, which may occur over the course of many years. Backlogs in courts like San Francisco and Los Angeles can lead to extended timelines. In fiscal year 2023, the average wait time for individuals who were granted asylum was roughly four years.

Asylum Decision and Permanent Residency

Californians who are granted asylum gain immediate work authorization. They can also apply for a green card one year later using Form I-485. After being a permanent resident for five years, they may be eligible to apply for U.S. citizenship.

In California, the asylum system serves as an essential pathway to provide security for individuals and reunite families. Asylum can allow an applicant to petition for their children and spouse to join them in the country, protecting entire households from deportation.

Preguntas frecuentes

What Is the One-Year Filing Deadline for Asylum?

Individuals applying for affirmative asylum are required to submit their application within one year of their arrival in the United States. If they fail to submit their application on time, they could face an immediate application denial. There are, however, exceptions, such as for those who can demonstrate extraordinary circumstances.

¿Cuánto dura el proceso de asilo en California?

How long the asylum process may take in California depends on various factors, including the case’s complexity, whether the applicant has skilled legal representation, and current USCIS backlogs. In fiscal year 2023, the average wait time for individuals who received asylum was roughly four years. The aid of a skilled immigration attorney can prove vital for avoiding delays in this timeline.

What Happens If My Asylum Application Is Denied?

If your asylum application has been denied by USCIS, your case will be referred to immigration court, where you can present your asylum case. If the immigration judge denies your defensive asylum case, you could appeal to the Board of Immigration Appeals or leverage other key legal tactics. A lawyer can explore your options.

What If I Live With Undocumented Family in California?

If you’re living with undocumented family members in California, it’s important to know that you’re not alone. Many U.S. citizens and lawful permanent residents in California live with undocumented family members. Filing for asylum may be a viable legal option to protect you and your family. A lawyer can review your case to see which options are available for your situation.

Fight for Stability and Protection With an Experienced California Asylum Attorney

With the asylum process remaining complex and backlogged in California, it’s crucial to work with an experienced and knowledgeable immigration attorney from U.S. Law Center. They can start gathering evidence on your behalf and building up your case. With the right legal strategy and advocacy efforts, a secure future within the United States is within reach. Póngase en contacto con nosotros so we can start helping you.