Self-Help Asylum Guides

The information contained herein is for reference only and may not be up to date. It does not constitute legal advice. You should always consult an attorney regarding your matter.

Last updated: September 22, 2023

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About the Self-Help Asylum Guides

These guides provide information on how to apply for asylum based on sexual orientation, gender identity, and/or HIV status. It is always best if you can have a licensed attorney help you, but that is not always possible and you may have to file an asylum application on your own. These guides are here to help you.

There are two different guides to choose from: 1) the Affirmative Asylum Guide or 2) the Defensive Asylum Guide. Determining which one is right for you will depend on whether or not your case is with the immigration court.

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Which guide is right for me?

When to choose the Affirmative Asylum Guide:

You should use the Affirmative Asylum Guide if your case is not currently in immigration court. If you have never received a document from Immigration notifying you of an Immigration court date, you most likely can use the affirmative guide.

If any of the examples below apply to you, you should use the Affirmative Asylum Guide. (Please note: this list contains some but not all examples of when you should use the Affirmative Asylum guide.)

• I entered the United States on a tourist or student visa, and later decided to apply for asylum.
• I entered the United States between ports of entry and was never apprehended by Immigration officials.
• I currently have Temporary Protective Status, DACA, or some other status and wish to also apply for asylum.
  

When to choose the Defensive Asylum Guide:

You should use the Defensive Asylum Guide if your case is currently with the immigration court. Usually this means that you have had some contact with immigration officers and you have received notice of a hearing date. (Please note: this list contains some but not all examples of when you should use the Defensive Asylum Guide.)

• I requested asylum at the border and received documents including a hearing date with an immigration judge.
• I was arrested in the United States and immigration officials gave me paperwork with an immigration-specific hearing date.

Still not sure which guide is right for you?

Use your “Alien-Number” (A-Number) to choose the right guide:

Your A-Number is a 7 to 9 digit number that starts with the letter A and is found on most immigration documents that have been issued to you.

Enter your “Alien-Number” (A-Number) in the court website here then click submit: https://acis.eoir.justice.gov/en/.

If you click submit and the website states “no case found for this A-Number,” you should use the Affirmative Asylum Guide.

If you click submit and there is a hearing date or even just the name of a specific court or judge, you should use the Defensive Asylum Guide.