How Does Asylum Help People Fleeing Persecution?
Pathway to U.S. Permanent Residency Through the Asylum Process
Asylum is a form of protection granted by the United States government to individuals who meet the definition of a "refugee" under U.S. law and international treaties. It allows individuals who fear persecution in their home countries to remain in the U.S. and eventually apply for permanent residency and, later, citizenship.
Here’s a detailed overview of asylum, eligibility, and the application process:
First, a Lesson on Asylum
What is Asylum?
- Definition: Asylum is protection granted to individuals who have fled their home country and cannot return due to a well-founded fear of persecution.
- Persecution: This includes harm or suffering inflicted based on race, religion, nationality, membership in a particular social group, or political opinion.
- Legal Basis: U.S. asylum law stems from the Refugee Act of 1980 and international treaties like the 1951 Refugee Convention and its 1967 Protocol.
Eligibility for Asylum
To qualify for asylum, you must meet the following criteria:
- Be Present in the United States: You must already be physically present in the U.S. or arriving at a port of entry.
- Fear of Persecution: You must have a well-founded fear of persecution based on:
- Race
- Religion
- Nationality
- Political Opinion
- Membership in a Particular Social Group (e.g., LGBTQ+ individuals, victims of gender-based violence)
- Inability to Return Home: You cannot or should not return to your home country due to the fear of persecution.
- Timely Application: You must apply for asylum within one year of your arrival in the U.S., unless you qualify for an exception based on:
- Changed circumstances affecting your eligibility.
- Extraordinary circumstances causing the delay.
Types of Asylum Applications
Affirmative Asylum
Asylum Processing Rule
Affirmative Asylum
A person who is not in removal proceedings (or a person who has been designated as an “unaccompanied child,” even if in removal proceedings) may affirmatively apply for asylum through U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security (DHS). If the USCIS asylum officer does not grant the asylum application and the applicant does not have a lawful immigration status, he or she is referred to the immigration court for removal proceedings, where he or she may renew the request for asylum through the defensive process and appear before an immigration judge.
Defensive Asylum
Asylum Processing Rule
Affirmative Asylum
A person who is in removal proceedings may apply for asylum defensively by filing the application with an immigration judge at the Executive Office for Immigration Review (EOIR). In other words, asylum is applied for as a defense against removal from the U.S. Unlike the criminal court system, EOIR does not provide appointed counsel for individuals in immigration court, even if they are unable to retain an attorney on their own.
Asylum Processing Rule
Asylum Processing Rule
Asylum Processing Rule
Since May 31, 2022, some individuals entering the United States are being processed under an interim final rule. These individuals are first put in expedited removal and if they express fear of persecution or torture, are given a credible fear interview, a process that initiates a defensive asylum claim. However, rather than having their case sent directly to an immigration judge, people processed under this rule are referred to an asylum officer for a non-adversarial Asylum Merits Interview between 21-45 days after the credible fear determination. This interview mirrors that of an affirmative asylum claim. An asylum officer can then either grant asylum or deny asylum. If denied, the case is referred to an immigration judge. Additionally, a person who is denied asylum by an asylum officer is also assessed at the time for eligibility for withholding of removal and protection under the Convention Against Torture—another feature of defensive asylum processes.
Application Process When Applying for Asylum
STEP 1: File Form I-589
STEP 2: Biometrics Appointment
STEP 2: Biometrics Appointment
- Complete and submit Form I-589, Application for Asylum and for Withholding of Removal.
- Include supporting documentation like evidence of persecution, country conditions, and affidavits.
STEP 2: Biometrics Appointment
STEP 2: Biometrics Appointment
STEP 2: Biometrics Appointment
- Attend a biometrics appointment where your fingerprints are taken.
STEP 3: Interview or Hearing
STEP 3: Interview or Hearing
STEP 3: Interview or Hearing
- Affirmative Asylum: You will attend an interview with a USCIS Asylum Officer.
- Defensive Asylum: You will have a hearing before an immigration judge.
STEP 4: Decision
STEP 3: Interview or Hearing
STEP 3: Interview or Hearing
- Affirmative cases may result in asylum approval, denial, or referral to a judge.
- Defensive cases are decided by an immigration judge, who may grant or deny asylum.
Are There Benefits for Applying for Asylum?
Obtain Permanent Residency in the U.S.
Asylees may also be eligible for certain government programs, such as Medicaid or Refugee Medical Assistance as well as the following:
- Pathway to Permanent Residence: After one year of being granted asylum, individuals can apply for a green card (permanent residency), which can lead to citizenship.
- Protection from Deportation: Asylum seekers are protected from being returned to their home countries where they may face persecution or harm.
- Access to Social Services: Asylum seekers may be eligible for certain social services, including healthcare, housing assistance, and legal aid.
- Legal Status: Once granted asylum, individuals can obtain legal status in the U.S., allowing them to live and work in the country.
- Work Authorization: Asylum seekers can apply for work permits while their applications are being processed, typically after waiting for a certain period.
- Family Reunification: Asylees can petition for certain family members to join them in the U.S. under specific conditions.
- Community Support: Many organizations and communities offer support, resources, and assistance to asylum seekers, helping them integrate into society.
- Cultural Diversity: Asylum seekers contribute to the cultural richness of the U.S., bringing diverse perspectives and experiences.
These benefits aim to provide safety, stability, and opportunities for individuals fleeing persecution and violence in their home countries.
Are There Any Challenges to Consider?
Key Factors to Remember during the Asylum Process
Obtaining asylum status in the U.S. can eventually lead to a green card, but can also lead to deportation (removal) and/or a bar on future immigration applications.
- Burden of Proof: Applicants must provide credible evidence of past persecution or a well-founded fear of future persecution.
- One-Year Deadline: Missing the one-year filing deadline can make you ineligible unless exceptions apply.
- Country-Specific Policies: The U.S. government may view asylum claims differently depending on conditions in your home country.
Additional Asylum Information You Should Know
Withholding of Removal and CAT Protection
If you do not qualify for asylum, you may still be eligible for:
- Withholding of Removal: Offers protection from deportation but does not lead to permanent residency.
- Convention Against Torture (CAT): Protects individuals who face the likelihood of torture in their home country.
Asylum Seekers’ Rights
- You cannot be deported while your asylum case is pending.
- You have the right to legal representation (though it’s not provided by the government).
- You can apply for certain social services and benefits while your case is processed.
Expected Timeline
- Affirmative Asylum: Processing can take several months to years depending on backlogs.
- Defensive Asylum: The timeline depends on court schedules and the complexity of your case.
Begin The Process to Free You from Oppression Now
Our Asylum Experts Are Ready to Assist You
The asylum process is very complicated. Asylum seekers include some of the most vulnerable members of society—children, single mothers, victims of domestic violence or torture, and other individuals who have suffered persecution and trauma. Let the asylum process experts here at New Path Group Services assists you from the oppression you are escaping from.