The application for asylum in the United States can be a very roundabout way, wherein an applicant has to cautiously follow legal procedures while being able to prove his or her worth of protection. Asylum is a kind of protection for aliens who have been persecuted or who have a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. By understanding what the asylum application process involves, applicants are likely to easily succeed in getting protection.
Who Qualifies for Asylum in the United States?
To qualify for asylum in the United States, one needs to fulfill certain criteria eligibility criteria that enable him to apply for asylum. They are as follows:
- Physical Presence in the U.S.: An applicant has to be physically present either in the United States or at a port of entry of the United States.
- Persecution Fears: The applicant should show that he is in fear of persecution based on at least one of the following: race, religion, nationality, political opinion, or membership in a particular social group.
- Inability to Return to Home Country: An applicant may prove in this regard that he is at serious risk of harm if he is sent back to his home country.
- Timing of Application: The application must be filed within one year from the date of arrival into the United States, unless an applicant can show extraordinary circumstances. These elements enable the admission of an applicant to protection under the asylum law of the United States.
Process for Application
The process of application for asylum in the United States can be divided into a series of critical stages, which are as follows:
1. Arriving in the United States or a Port of Entry
An asylum applicant may apply either at the U.S. border or within the country. An alien at the border must express intent to seek asylum to the immigration officer, while an alien within the country must file within the one-year deadline.
2. Filing and Preparation of Form I-589
Form I-589, “Application for Asylum and for Withholding of Removal,” is used to apply for asylum. This form is supposed to be filled out with great carefulness since even the smallest mistake or omission might delay the process or even bring into question the very application. Apart from the form, the applicants are supposed to attach supporting documents such as identification papers, country conditions reports, and evidence that prove one’s fear of persecution.
Applicants must note that applying for asylum in the United States is free. The applicant, upon filing, will be exempted from removal from the U.S. during the review of the case.
3. Fingerprinting and Security Screening
Third, fingerprinting and a background check have to be conducted with the applicant after filing Form I-589. This will ensure the applicant presents no security threat and has not committed any crime that may bar him from being granted asylum. A notice will be sent by the USCIS for the scheduling of fingerprinting.
4. Asylum Interview
Once the security background check has been completed, applicants will be scheduled to attend an asylum interview with an officer from USCIS. The applicant will be given a chance to explain their reasons for filing asylum, where he or she can testify about their case and then answer whatever questions pertaining to their case. The answers given should be clear and truthful because the officer will also evaluate the applicant’s credibility.
Applicants may be accompanied by an attorney during the interview. Representation is not required. If an interpreter will be needed, the applicant must arrange for one since USCIS does not provide interpreters for an asylum interview.
5. Decision by USCIS
After the interview, the asylum officer will make a decision on the case. The applicant can either be granted asylum, referred to immigration court, or denied outright. In instances of referral to immigration court, applicants will have an opportunity to present their case before a judge.
The applicant will receive a decision letter by mail granting asylum. If an application for work authorization was filed with the asylum application, then work authorization documents will be mailed as well. The applicant is now legally allowed to work and can apply for a green card in one year.
Asylum Process – Defense
If an individual is already in removal (deportation) proceedings, they will need to apply through the defensive asylum process. Defensive asylum processing takes place in immigration court before a judge, wherein the applicant argues defensively-that is, doing their best to prevent their own deportation. The judge will rule to either grant asylum or to deny the application.
It is very strongly advised that one obtain legal advice during the entire process, as the cases are often quite convoluted and immigration law is difficult to steer through without assistance from professionals.
Benefits of Asylum in the United States
The applicants who are granted asylum status in the United States enjoy the following key benefits:
Protection from Removal: Asylees are protected from removal into their home country where they may face persecution.
Work Authorization: The asylum applicant may apply for an Employment Authorization Document, which would make it possible to legally work in the U.S.
Path to Permanent Residency: Asylee may apply for green card, giving him or her lawful permanent resident status one year from granting asylum.
Family Reunification: Asylee can petition to bring his or her spouse and unmarried children under 21 years to the United States.
Challenges in the Process of Asylum
Asylum application indeed opens a door to safety and new opportunities in the United States, but it is not without its challenges. The presence of high case backlogs, lengthy wait times, and complicated legal requirements make this process very stressful. Besides, substantial evidence has to be provided through an applicant for the support of his or her claims, which is hard to obtain, particularly when one flees a home country under compulsion.
The asylum application process in the United States is at once a complicated and technical legality, which requires the applicants to fulfill the required eligibility criteria, submit appropriate paper work, and attend an interview and security checks. It may be a tough task-considering those people leaving persecution-but successful asylum holders indeed find protection, work authorization, and even a road to permanent residency in the United States. Applicants could thus get through the complexities of the asylum system and secure a safer future with proper preparation, legal support, and a clear understanding of the process.
