Asylum in USA
Seeking asylum in the USA can be a complex and daunting process, but at Human Rights Lawyer, our experienced asylum lawyers are here to help. We provide comprehensive legal support to individuals fleeing persecution, guiding them through each step of the asylum application process.
Navigating the complexities of immigration law can be a daunting task, especially for individuals seeking refuge from persecution in their home countries. In the United States, the role of an asylum lawyer is critical for those who wish to apply for asylum based on credible fear of persecution.
This article will cover an overview of obtaining asylum in the United States of America, the asylum process, and who qualifies for asylum while educating readers on the benefits of asylum and how legal representation can make the process smoother.
What is Asylum in the U.S?
An asylum is a form of international protection granted by the United States to individuals who meet certain criteria. It provides refuge to those who cannot return to their home countries due to a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
Under U.S. law, asylum seekers may apply for asylum regardless of their current immigration status, as long as they are physically present in the United States or at a port of entry.
Asylum protections are designed to offer safety and security to individuals who can demonstrate credible threats to their life or freedom if they were to return home. The process for applying for asylum can be complicated, both in terms of legal requirements and the sheer volume of cases being processed through the system.
Types of Asylum in the USA
There are two principal types of asylum processes in the USA: the affirmative asylum process and the defensive asylum process.
Affirmative Asylum Process is available to individuals who apply for asylum through U.S. Citizenship and Immigration Services (USCIS) within one year of their arrival in the United States. Applicants must file Form I-589, the Application for Asylum and for Withholding of Removal, to initiate their case. After filing, an asylum applicant will undergo an asylum merits interview with USCIS asylum officers who evaluate the credibility of their claims.
Defensive Asylum Process is utilized when an asylum seeker is already placed in removal proceedings before an immigration court. In these cases, the individual must assert their claim for asylum as a defense against deportation. The case will then be heard by an immigration judge, who will determine whether to grant asylum based on the evidence presented during a court hearing.
As of May 31, 2022, a new interim final rule has been implemented for certain individuals entering the United States. These individuals are initially placed in an expedited removal process. If they express a fear of persecution or torture, they are entitled to a credible fear interview, marking the beginning of a defensive asylum claim.
But instead of having their cases sent straight to an immigration judge, those processed under this interim rule are referred to re USCIS asylum office for a non-adversarial Asylum Merits Interview. This interview typically occurs within 21 to 45 days following the credible fear determination and resembles the interview process for an affirmative asylum claim.
The asylum officer has the authority to grant or deny asylum based on the interview outcome. If asylum is denied, the case is then forwarded to an immigration judge for further review. Additionally, individuals denied asylum by an asylum officer are assessed at that moment for eligibility for withholding of removal and Protection Under the Convention Against Torture, which are also components of the defensive asylum process.
All three procedures necessitate that an individual be physically present in the U.S. or at a port of entry before they can proceed.
Whether they have legal representation or not, asylum seekers carry the responsibility of demonstrating that they meet the definition of a refugee during the immigration review. To be granted asylum, an applicant must provide evidence showing that they have either previously suffered persecution based on a protected ground or that they harbor a “well-founded fear” of future persecution in their home country. The asylum seeker’s testimony is often a crucial factor in determining the success of their claim.
Various factors can disqualify individuals from receiving asylum. For instance, all refugees hoping to legally remain in the US must apply for asylum within one year of entering the country. Failure to do so might bar you from consideration and might result in an individual being removed from the United States.
Additionally, those found to pose a threat to national security, individuals who have committed particularly serious crimes, or those who have persecuted others are also ineligible for asylum.
The Asylum Process in the USA
The pathways to obtaining asylum in the US can be lengthy and fraught with challenges. However, understanding the key steps involved can help applicants claim asylum in the U.S more effectively.
Filing an Asylum Application
To claim asylum in the U.S., the requesting individual must complete and submit Form I-589 to USCIS. This form outlines the reasons for seeking asylum, including details about the fear of persecution and the circumstances surrounding the applicant’s situation in their home country.
Asylum Merits Interview
After applying, the applicant will be scheduled for an asylum interview with an asylum merits officer. This interview aims to gather further information about the applicant’s claim and assess the credibility of their fear of persecution. Applicants need to prepare thoroughly for this interview, as their responses can significantly impact the outcome of their asylum cases.
Decision
After the interview, the asylum merits officer will issue a decision. If eligible for asylum, the individual will receive a notice of approval and can legally live in the United States apply or apply for employment authorization. If asylum is denied, the individual may still have options to appeal the decision or apply for defensive asylum in immigration court.
Immigration Court
In the event of a denial or if the individual is in removal proceedings, the case is transferred to an immigration court. The individual ior their lawyers can appear before an immigration judge, who will assess all submitted evidence and testimonials before making a final decision.
Who Qualifies for Asylum?
To qualify for asylum, individuals must meet certain criteria stipulated by U.S. immigration law.
Applicants must demonstrate a well-founded fear of persecution due to race, religion, nationality, political opinion, or membership in a particular social group. This fear should be well-supported by evidence, showing why they should remain in the United States.
Asylum seekers must be credible witnesses in presenting their claims. This involves being honest, coherent, and providing detailed accounts of their experiences.
Asylum applications must be filed within one year of the applicant’s arrival in the U.S. unless there are extraordinary circumstances that justify the delay. Fortunately, an International attorney can effectively argue for your eligibility if any circumstances may have materially affected your application for asylum or extraordinary circumstances relating to its delay.
Individuals who participated in their persecution, committed serious crimes, or those who do not meet the definition of a refugee as outlined in the Refugee Act may be denied asylum.
Working with an experienced asylum lawyer in the USA can significantly increase an applicant’s chances of success by ensuring that they meet the necessary criteria and navigate the complexities of the process effectively.
Benefits of Asylum in the USA
Receiving asylum in the United States comes with numerous advantages. These benefits can significantly improve the quality of life for asylum seekers:
- Safety and Protection. Winning asylum grants individuals the protection needed to escape persecution, allowing them to live without fear of deportation to a dangerous situation.
- Permanent Residence. After being granted asylum for one year, individuals can apply for permanent residence (a green card), which provides a pathway toward citizenship.
- Family Reunification. Asylum seekers can apply for derivative asylum for family members, allowing them to join the asylum recipient in the United States.
- Eligibility for Employment. As soon as asylum is granted, individuals gain access to employment authorization, enabling them to work legally and support themselves.
- Social Benefits. Asylum recipients may qualify for benefits under programs like refugee resettlement, which can include financial assistance and healthcare services.
How Can Our Asylum Lawyers Help?
Engaging a skilled asylum lawyer can make a significant difference in the success of an asylum application. Here are ways in which legal representation can aid asylum seekers:
- 1Expert Guidance. Asylum lawyers possess in-depth knowledge of immigration law and the asylum system, helping clients navigate the complexities of the process.
- 2Application Preparation. Lawyers assist in preparing the asylum application, ensuring that it is comprehensive, accurate, and well-drafted to enhance the chances of approval.
- 3Representation at Hearings. If asylum seekers must attend immigration court or the asylum merits interview, lawyers provide vital support in presenting their case and defending their claims.
- 4Appeals Process. Should an asylum application be denied, an immigration lawyer can help clients through the immigration appeals process, working to advocate for the applicant’s rights and interests.
- 5Comprehensive Strategy Development. Asylum lawyers can develop tailored strategies based on each individual’s unique circumstances, assisting them in articulating their fears of persecution effectively.
Seeking asylum in the United States can be a lengthy and complicated process, but it provides vital protection for those fleeing persecution. Understanding the intricacies of the asylum system, the necessary criteria for qualifying, and the benefits received after approval are essential components for asylum seekers. Moreover, the role of an experienced asylum lawyer in the USA is invaluable, as they offer crucial legal services that enhance the chances of a successful asylum claim. For individuals fearing persecution in their home countries, the journey to safety and security begins with a well-prepared asylum application and competent legal representation.
Asylum in USA FAQ
To seek asylum in the USA, individuals must file an asylum application (Form I-589) either affirmatively or defensively, depending on their situation. Affirmative asylum applications must be made within one year of arrival, while defensive applications occur when an individual is in removal proceedings. Once the application is filed, seekers will need to prepare for an asylum merits interview or a hearing in immigration court.
The asylum process duration varies widely and can depend on various factors, such as the complexity of the individual case, the backlog in immigration courts, and current policies. On average, the process can take six months to several years. The asylum backlog has significantly increased, leading to longer wait times for decisions. It’s crucial for asylum seekers to be patient and proactive during this period, seeking legal assistance to ensure their cases are managed effectively.