Asylum is a legal status provided to those who have entered the United States and are scared of returning to their native country. People who are unable or unwilling to return to their home country due to persecution or a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion may be granted Asylum. Thousands of persons seeking Asylum or protection from persecution arrive at our border or already reside in the United States each year. Asylum seekers must traverse a complicated process involving several government departments. Those granted Asylum can petition to permanently stay in the United States and earn a road to citizenship and their spouse and children to join them in the country. This fact sheet explains the asylum system in the United States.
The asylum process begins with submitting an asylum application once a person arrives in the United States. According to U.S. law, although there are several exceptions to this rule, the application must be submitted within one year of entering the United States. One can consult the best immigration attorney in Gadsden al; for professional assistance.
A person seeks Asylum by completing an application and submitting it to the United States Citizenship and Immigration Services (USCIS).
If a person is facing deportation and gets a hearing before an immigration court, that person can also apply for Asylum at that hearing. The judge can be appealed to the Board of Immigration Appeals and the relevant Circuit Court of Appeals if the judge denies Asylum.
What Is the Asylum Application Process?
The affirmative and defensive processes are the two main ways a person might petition for Asylum in the United States.
- Affirmative Asylum:
A person who is not in removal proceedings can apply for Asylum through the U.S. Citizenship and Immigration Services. If the USCIS asylum officer denies the application and does not have valid immigration status, they will be directed to an immigration court for removal proceedings. They can re-apply their asylum request through the defensive process and appear before an immigration judge.
- Defensive Asylum:
In removal proceedings, a person may apply for Asylum defensively with an immigration judge at the Department of Justice’s Executive Office for Immigration Review (EOIR). Asylum is sought as a means of avoiding deportation from the United States. Unlike the criminal justice system, the EOIR does not provide appointed counsel to immigrants in immigration court, even if they cannot afford one.
Asylum seekers who arrive at a U.S. port of entry or enter the country without being inspected must usually petition for Asylum through the defensive asylum process. Both application processes require the asylum seeker to be physically present in the United States.
The burden of proof for an asylum seeker is to show that they fulfill a refugee’s definition.
Throughout the affirmative and defense phases, asylum seekers frequently offer extensive evidence proving either past persecution or a “well-founded fear” of future persecution in their home country. However, the individual’s testimony is often crucial in determining whether or not they are eligible for Asylum.
Certain factors bar individuals from the Asylum. Individuals who do not petition for Asylum within one year after entering the United States will be denied Asylum, with a few exceptions. Applicants who are judged to be a threat to the United States are also denied refuge.
If you wish to petition for Asylum in the United States, you should speak with a knowledgeable and top American immigration lawyer in Gadsden. After you’ve arrived in the United States, you have one year to apply. The attorney can assess important matters not covered here, such as whether you might be denied refuge because of a criminal record in the United States or elsewhere.
The attorney can assist you in preparing your asylum application, which includes filling out the application form, producing a lengthy written statement from you, and gathering numerous documents.