Think about leaving your home with little more than hope and fear, traversing international borders in search of safety. For so many asylum seekers, the U.S. stands as a destination to restart their broken lives.
But the asylum process is not easy to navigate. Who qualifies for protection? What do they need to overcome to prove their case? And after being granted asylum, what rights do they really have? For many seeking an Asylum in the U.S is very complex. Let’s get right into all you need to know!
Table of contents
- Benefits of Asylum Seeking in the U.S.?
- Who Can Apply for Asylum in the U.S.?
- The Asylum in the U.S Application Process: Step-by-Step Guide
- What American rights apply to Asylum Seekers in the U.S.?
- How Long Does the Asylum Process Take?
- How to Appeal a Denied Asylum Application
- Conclusion
- Frequently Asked Questions
- References
- Recommendations
Benefits of Asylum Seeking in the U.S.?
Asylum offers a lot of advantages for qualified people. After just one year, it also grants them legal claim to stay in the United States indefinitely, the opportunity to work lawfully, and the potential of qualifying for a green card—that is, permanent residency.
Through a procedure known as “derivative asylum,” Asylum applicants can also reconnect with relatives who might reside outside of the United States. Protecting individuals from being forcefully removed from the United States to unsafe or even life-threatening circumstances in their native countries, asylum can literally save lives.
Asylum qualification is a drawn-out procedure spanning years that involves several challenges including a backlog of applications and the likelihood of incarceration while their case is under review. Still, it is one of the most effective means of protection available to people running from danger is refuge.
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Who Can Apply for Asylum in the U.S.?
There are specific requirements for consideration for asylum seekers in the U.S. Know what the requirements are, as this will help you make sure that you have a solid case before applying. Below are the key asylum seeker eligibility requirements for the U.S.:
Fear of Persecution
This eligibility for asylum is only where people have a reasonable and well-founded fear that they are liable to face persecution in their country. A few grounds on which persecution can be based are:
- Race-Discrimination or harm based on one’s race or ethnicity.
- Religion- Persecution for your religious beliefs or practices is ground to make a person eligible for asylum
- Nationality- The fear of harm based on one’s nationality or membership in a specific ethnic group is grounds for asylum.
- Political opinion- Persecution for one’s political opinion or association, like falling on the wrong side of the government or a ruling party.
- Membership in a Particular Social Group- This is the broadest category and encompasses groups that share common characteristics like gender or sexual orientation or have in common a shared history of political or social persecution.
Presence in the United States
In order to ask for asylum, a person must be inside the United States or at a U.S. entry point (like an airport or border crossing). Anyone outside the U.S. cannot seek asylum unless they first apply for refugee status under the U.S. refugee program.
One-Year Filing Deadline
The person applying for asylum must submit for it within a year of arrival in the U.S. If you file the application after one year, they must show that exceptional circumstances or changed conditions in their home country justify the application. If the one-year deadline is not met, and no acceptable reason given, they may deny the application.
Barred Grounds for Asylum
Not all applicants will qualify for asylum. Some people may be excluded from applying due to:
- Serious Crime: If the applicant has been found guilty of a major crime (like murder, drug trafficking, or terrorism-related acts), they might not be allowed to get asylum.
- If someone has been denied asylum in the U.S. before, they might not be able to apply again unless there is new evidence or new situations.
- In Possession of Protection Elsewhere: If the applicant has already received protection from persecution in another country, they would likely not be eligible to seek asylum in the U.S.
Special Waivers for Certain Applicants
- Unaccompanied Minors: Children younger than 18 who are not accompanied by a parent or legal guardian may apply for asylum independently of their families.
- Torture or Abuse Survivors: Particular attention is paid to asylum seekers relating to torture or severe abuse.
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The Asylum in the U.S Application Process: Step-by-Step Guide
Step 1: The Asylum Application (Form I-589)
You’re required to file this form with U.S. Citizenship and Immigration Services (USCIS) within 1 year of your arrival in the U.S. (unless you have special reasons). Besides the form, applicants must attach supporting documents: personal proclamations and any documentation of persecution — reports, medical records or witness statements.
Step 2: Asylum Interview — Affirmative Cases Only
After submitting the application, a USCIS asylum officer will typically interview applicants. They will be interviewed on the application itself and general questions about their desire to apply for asylum.
It is also important to be truthful and thorough in the interview because an asylum officer is going to assess the applicant’s credibility that he or she has a fear of persecution based on the testimony and documentation presented.
Step 3: Receiving a Decision
The officer will then decide on the application once the interview has ended. If accepted, the applicant is granted asylum status and can legally remain in the U.S. If the officer decides not to approve the application, the applicant can be put into immigration court to give his case to an immigration judge.
Step 4: Immigration Court (if applying defensively)
If the applicant is in removal proceedings (meaning they’re in the U.S. illegally or have overstayed a visa, for instance), they will be considered for asylum through the defensive process, in which they go before an immigration judge.
They plead their case and then the judge will rule on whether to grant them asylum or not. In this situation, applicants might also be permitted to submit additional evidence and witness testimony to support their case.
Step 5: Decision by Immigration Judge
The immigration judge will then look at all that evidence and issue a decision granting or denying asylum. If they are granted asylum, the applicant can remain in the U.S. and later apply for a green card. If the judge denies the application, the applicant can file an appeal, or face deportation.
Step 6: Appeal process in the event of denial
Should USCIS or an immigration judge reject asylum, the applicant has an appeal to the Board of Immigration Appeals (BIA). After reviewing the matter, the BIA can either uphold the ruling or return the issue to the immigration court for more actions.
Should the appeal fail, the applicant may be deported; yet, they are free to petition for types of relief—that is, withholding of removal or Convention Against Torture protection.
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What American rights apply to Asylum Seekers in the U.S.?
You have some rights both before and throughout your application for U.S. asylum. Understanding these rights helps one to avoid infringement of them and enable candidates to take use of the rights they are entitled to. The following are the primary rights of U.S. asylum applicants:
Right to Stay in the United States Throughout the Process
The right to remain in the United States while their case is under review is among the most important liberties asylum seekers are awarded. While their case is under review, Asylum seekers will be permitted to lawfully stay in the nation although they are not granted permission to remain by default.
Still, they have to follow the terms of their stay, including showing up for court hearings, interviews, and turning in any other paperwork asked for.
The Right to Apply for Public Benefits
Some asylum seekers might qualify for public benefits like health care, housing or financial support. Eligibility for the residency differ based on the state where it was issued and whether or not the individual seeking it has been granted asylum or is awaiting a decision. Whether or not assistance is available will depend on local resources, so it’s worth checking.
Right to Legal Representation
Asylum seekers in this situation have the right to have an attorney represent them in the asylum process. While the government does not provide legal representation, applicants may explore free or low-cost legal aid through nonprofit organizations or pro bono services.
Right to Family Reunification
Asylum seekers can apply to have some relatives come to the U.S. to join them in a process called derivative asylum. If the principal applicant is gets for asylum, the applicant’s spouse and children under 21 may apply for asylum as well. Moreover, applicants can also apply for family members to join them after receiving asylum status.
Protection from Deportation
Once people receive asylum, they cannot be deported to their country of origin. But they can be stripped of their asylum status if they break the terms of their stay, or if their asylum claim is fraudulent.
It is important to know how and when these rights apply. Work authorization, for example, is not automatic, and the degree to which asylum seekers can access public benefits is based on the state and whether their asylum claim is pending.
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How Long Does the Asylum Process Take?
Asylum application processes can take anywhere from 6 months to more than 10 years depending on factors like the specific case of the applicant, whether they are applying for affirmative or defensive asylum, the immigration queues, and their situation. Nevertheless, an understanding of the underlying timeline and the factors that can impact its duration will ultimately help asylum seekers prepare for the wait to come.
Affirmative Asylum Process
Affirmative asylum refers to an application process conducted by individuals who are not in deportation proceedings and apply directly to USCIS. Once they submit their application (Form I-589), here are the next steps which typically occur:
Asylum Application Receipt Notice: After applying for asylum, applicants receive a receipt notice indicating that their case is in process. It usually takes a couple of weeks for this.
Asylum Interview: Applicants will be scheduled for interview with a USCIS asylum officer. This interview can take place between 11 and 36 months after application submission. Although it can take longer in regions with high volumes of asylum cases, expect an interview between 6 months to 1 year after filing their application.
Decision: The asylum officer will make a decision after reviewing the case. For eligible applicants seeking asylum, approval means the end of the process. If they deny the application, it moves to immigration court.
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Defensive Asylum Process
Defensive asylum is for people already in deportation proceedings. Applicants in this scenario have to bring their case to an immigration judge. According to court backlog the timeline for defensive asylum tends to be much longer:
Initial Hearing: You may wait several months to over one year to get an initial hearing. This wait time results from the crowded immigration court dockets and the complexity of each case.
Hearings and Decision: After hearings are scheduled, it can take months for a judge to make a decision. Sometimes it can take years to reach an ultimate decision, especially if appeals are involved.
Case Backlog and Delays
One of the major contribute factors to the speed of the asylum process is the backlog of cases currently sitting in both USCIS. The immigration courts are not left out as well. Recent data suggests that hundreds of thousands of asylum cases are pending. This means that delays can come at both the interview and court hearing stages.
USCIS Backlog: The USCIS backlog will make many applicants extended waiting times to receive an interview, often 1 to 2 years.
Immigration Court Backlog: For some in immigration court for their case, it can take years. Considerable waits — 2 to 4 years. Several factors can influence the overall duration of the asylum process, including:
- Location: The processing times can vary by region, with some areas having more efficient processing times than others.
- Case Complexity: More complicated cases with additional legal issues or required documentation may take longer.
- Changes in Policy: Shifts in U.S. immigration policies and regulations can impact the speed at which cases are processed.
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How to Appeal a Denied Asylum Application
Asylum applications are not always approved on the first try. If the asylum claim is denied, the applicants have a right to appeal the decision, but it can be a long and arduous process. It is crucial for those seeking to continue fighting for protection to understand the options for and mechanics of appealing a denial.
BIA Appeals
The first level of appeal for an asylum seeker is to the Board of Immigration Appeals (BIA) if USCIS or an immigration judge denies that application. The BIA, which is part of the U.S. Department of Justice, reviews immigration decisions made by lower courts and agencies.
Deadline: The appeal to the BIA will usually need to be submitted within 30 days of the denial notice. Failing to file this appeal in a timely manner would jeopardize the option to have this information reviewed.
Review process: BIA reviews the record of the case — including the original asylum application, evidence submitted, and the legal arguments made by the applicant or their lawyer. Instead, the BIA will make a written decision, which may:
- Affirm the initial decision: If the BIA concurs with the original denial, then the applicant will likely leave the United States.
- Remand the case: If the BIA finds that the asylum officer or the judge had erred or had not considered critical evidence, it can issue a remand for further review.
- Grant asylum: The BIA can also approve the underlying asylum application in limited situations.
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Filing an Appeal to the Federal Court
If confirmed by the BIA, the next step for an asylum seeker is to appeal in federal court. This appeal is to a U.S. Court of Appeals, which has the authority to review the case to determine if the BIA or immigration judge made any legal errors. You must file the appeal within 30 days of the BIA’s decision as well.
The Court of Appeals will review and rule on the case, and can:
- Question the remand: The court might decide to send the case back down for further consideration.
- Dismiss the appeal: If the court finds no errors, it will dismiss the appeal and the original decision will stand.
- Grant Asylum: When a court finds that an asylum seeker should have asylum, they may go ahead to grant the case.
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Conclusion
The U.S. asylum process can be intimidating, but if you know the eligibility criteria, the steps to apply and the timelines for each step, your journey through the process will be easier.
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Frequently Asked Questions
Yes, asylum seekers can request a work permit on general grounds after their case has been open for at least 150 days.
Yes, an applicant can voluntarily withdraw their asylum application at any stage.
If you miss an asylum interview or hearing, it can lead to delay or even denial.
Although an immigration lawyer isn’t mandatory, it’s a strong recommendation to have one to navigate the system right through asylum and appeals.
If you are granted asylum, then decide to leave the united states, you need to obtain permission to return to the united states prior to leaving, which can be done through getting a refugee travel document.
There is no application fee for asylum.
Yes. Anyone who requests asylum will face a cascade of background and security checks.
