## Applying for asylum from South Dakota Asylum is **federal** — every state's asylum-seekers go through the same U.S. legal framework. But where you APPLY and where your case is HEARD depends on where you live and (if applicable) where you're detained. ### Where South Dakota cases are heard Bloomington (Fort Snelling) Immigration Court (MN) covers South Dakota. ## Who qualifies for asylum Under the Immigration and Nationality Act (INA), a person qualifies for asylum if they cannot or will not return to their country of nationality because of a **well-founded fear of persecution** based on at least one of five protected grounds: 1. **Race** 2. **Religion** 3. **Nationality** 4. **Political opinion** 5. **Membership in a particular social group** The persecution must be by the government OR by parties the government is **unable or unwilling to control**. ## Affirmative vs defensive asylum Asylum applications fall into two main paths: **Affirmative asylum.** The applicant is in the U.S. lawfully or without status, NOT in removal proceedings, and applies through the U.S. Citizenship and Immigration Services (USCIS) Asylum Office. The applicant attends a non-adversarial interview with an asylum officer. **Defensive asylum.** The applicant is in removal (deportation) proceedings — either because they were caught at the border, were referred from the asylum office after an unsuccessful interview, or were arrested by ICE. The case is heard by an immigration judge in a courtroom with a government attorney opposing the application. Most asylum cases today are defensive — the system has shifted heavily toward immigration courts. ## The 1-year deadline Asylum applicants must generally file Form I-589 (Application for Asylum) within **one year of arrival** in the U.S. Limited exceptions: - **Changed circumstances** in the home country (worsening conditions, change in personal status) - **Extraordinary circumstances** that prevented timely filing (serious illness, ineffective counsel, age) Missing the 1-year deadline without a valid exception is FATAL to most asylum cases. If you're approaching one year in the U.S., file immediately — you can supplement and amend later. ## Withholding of removal and CAT protection Two related protections come up in nearly every asylum case: - **Withholding of removal (INA § 241(b)(3))** — protects you from being sent to a country where there's a clear probability your life or freedom would be threatened. Higher standard than asylum but no 1-year deadline. Doesn't lead to a green card. - **Convention Against Torture (CAT) protection** — protects you if you'd more likely than not be tortured by or with the consent of the government. Very high evidentiary bar. Doesn't lead to a green card. Most attorneys plead all three (asylum, withholding, CAT) in the same I-589. ## Work authorization Asylum applicants generally CANNOT work in the U.S. for the first 150 days after filing the application. After 150 days, they can apply for an **Employment Authorization Document (EAD)**. The clock can be reset or paused if the applicant requests delays in their case. ## What happens if you win If asylum is granted: - You can stay in the U.S. legally and work - You can travel internationally with a Refugee Travel Document (NOT to your home country) - After **1 year of asylum status**, you can apply for a green card - After **5 years of green-card status**, you can apply for U.S. citizenship - You can petition for derivative status for your spouse and children ## What happens if you lose If asylum is denied: - The immigration judge issues an order of removal - You can appeal to the **Board of Immigration Appeals (BIA)** within 30 days - Further appeal goes to the U.S. Court of Appeals for your circuit - ICE may detain you during or after the appeal process - Voluntary departure may be available as a way to leave with fewer long-term consequences than a deportation order ## Why representation matters enormously TRAC studies have consistently shown that represented asylum applicants succeed at 5-10 times the rate of unrepresented applicants. Asylum law is technical, the evidentiary burden is heavy, and judges and asylum officers vary wildly in their grant rates. ## Where to find help If you're applying from South Dakota, look for: - **Non-profit legal aid** — many states have asylum-specific clinics (Catholic Charities, IRC, AmericanGateways, Asylum Seeker Advocacy Project) - **Pro bono attorney programs** — most state bars maintain a list - **Law-school immigration clinics** — many big cities have them (UNC, Columbia, Stanford, etc.) - **Community organizations** — diaspora-specific groups can help with cultural and language barriers ## What you should do Don't try to do an asylum case yourself. The forms look simple and the rules feel intuitive — they're not. The 1-year deadline, the credibility analysis, the burden-shifting, and the country-conditions evidence requirements are technical even for experienced immigration lawyers. If you can't afford private counsel, find a non-profit. The cost of getting it wrong is years of detention or deportation back to a place you fled. --- *This guide is general information about U.S. federal immigration law as of early 2026 and is not legal advice. Asylum law shifts with regulations, precedential decisions, and (occasionally) statutory changes. Talk to a licensed immigration attorney about your specific case.*