Since 1975, the United States has taken in more than 3 million people who were trying to get away from danger in their home countries. These people are called refugees or people who want to come to the U.S. Both groups leave their home countries because they are afraid of being persecuted because of their race, religion, country, political views, or because they are part of a certain social group. Persecution can mean that you, your family, or other people like you are hurt or threatened with harm. If someone has been persecuted in their home country, they may also be eligible for refuge. Refugees apply from outside the U.S., while people looking for shelter apply once they get here.
Form I-589 should be sent to U.S. Citizenship and Immigration Services (USCIS), a part of the Department of Homeland Security (DHS), if you want to ask for refuge while you are in the U.S. This way of getting asylum is called “affirmative asylum.” As part of the process, an asylum seeker meets with a USCIS officer for an interview. The officer will ask the person why they want refuge, what personal experiences they have had, and why they are afraid to go back to their home country. When answering these questions, it’s important to be honest and open. Unless there are unusual circumstances, the officer will usually make a choice within 180 days of the interview.
Please keep in mind that it can be hard to make a strong case using this way. Based on the proof you want to send, our Immigration department can give you advice. The asylum lawyers at Arvian Law Firm will also help you get ready for your meeting with a USCIS officer.
If the USCIS asylum officer doesn’t accept your application and you don’t have legal immigration status, your case will be sent to immigration court for removal proceedings. Then, you can ask for asylum again using the defense process in front of an immigration court. People outside the United States can ask for defensive refuge at a port of entry, like a border crossing. Remember that, unlike criminal courts, the EOIR does not give people in immigration court a lawyer for free, even if they can’t pay for one.
Our lawyers who help people get refuge want to help you stay in the United States. They will help you gather the proof you need to back up your refugee claim. Our goal is to show the immigration judge that sending you back to your home country is not a good idea. The asylum lawyers at Arvian Law Firm are ready to help you through the court process and be there with your case in court.
Expedited Asylum: If someone is detained within 14 days of entering the United States and put into “expedited removal” procedures, they may go through a new process that will start in 2022. This lets a USCIS asylum officer look at their case and make a decision about it before official removal procedures begin. Those who are denied asylum during this process are sent to immigration court for removal procedures and faster hearings on their asylum application.
People usually have to ask for asylum within a year of their last arrival in the United States. In 2018, a federal district court decided that the Department of Homeland Security (DHS) must tell asylum seekers about this deadline. This was because of a class-action lawsuit that said the government didn’t give enough notice and a consistent way to file applications on time.
When people are going through both the affirmative and the defensive steps, it can be hard for them to meet the one-year deadline. Some may have had bad experiences in detention or on the way to the U.S., which could make it hard for them to find out when the limit is. Others who know the limit may still be unable to submit their applications on time because of systemic problems, such as large backlogs. In many cases, the only reason an asylum claim is turned down is because the deadline of one year has not been met. But under the streamlined asylum process, anyone who passes a “credible fear” interview is considered to have applied for protection, so the one-year limit is automatically met.
Arvian Law Firm suggests that people who want asylum get help from an asylum immigration lawyer to avoid these problems. Feel free to get in touch with us.
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1. Understand the concept of asylum: Asylum is protection granted by the government to persons who fear persecution in their home country based on race, religion, political opinion, nationality, or membership in a particular social group.
2. Proper preparation: If you have a basis for persecution, prepare to present a clear explanation of your position. Gather evidence and documents that support the facts of your case, including witness statements, medical records, correspondence, and other relevant proof.
3. Arriving in the USA: To petition for asylum in the USA, you need to be present on U.S. territory. You can seek for asylum within 1 year of your illegal entry into the country or your last approved admittance.
4. Filing the asylum application: Fill out Form I-589, Application for Asylum and for Withholding of Removal, and submit it to the nearest U.S. Citizenship and Immigration Services (USCIS) office. Make sure your answers adequately describe the grounds of your persecution.
5. Attending the interview: You may be scheduled for an interview with a USCIS officer. Prepare to present a full explanation of your case and provide additional evidence and witnesses, if requested.
6. Waiting for a decision: After completing the application and attending the interview, you will have to wait for a decision from USCIS. The processing time can vary, and it may take a large length of time.
It’s crucial to realize that the asylum process in the USA is difficult and involves preparation and careful presentation of facts. It is recommended to consult with an immigration attorney or an organization specialized in asylum claims to acquire suitable guidance and support.
The immigration status for an individual who has applied for asylum in the United States is known as a “Asylum Applicant” or “Asylum Seeker.” While their asylum case is ongoing, individuals are allowed to remain in the nation and are normally eligible for some advantages, such as the authorization to work lawfully in the United States. Asylum applicants are allowed a term of “asylum pending” or “asylum pending adjudication” during which their case is being examined and evaluated by the U.S. Citizenship and Immigration Services (USCIS) or the immigration court.
It’s crucial to understand that the asylum procedure can be lengthy, and during this period, the applicant may encounter certain limits on travel outside the United States and may need to report to immigration authorities occasionally. If their asylum application is successful, they will be granted asylum status, which allows them to live and work in the United States as a refugee. If the application is denied, they may be subject to removal proceedings and potentially face deportation.
An asylum officer in the USA is an immigration officer who is specifically trained and responsible for conducting interviews and making findings on asylum petitions. These officers work for the U.S. Citizenship and Immigration Services (USCIS) and are members of the Asylum Division.
The primary job of an asylum officer is to analyze the authenticity and legitimacy of an individual’s asylum claim. They conduct interviews with asylum applicants to acquire information about their persecution allegations and examine the evidence and supporting material submitted. Based on their assessment, asylum officers make conclusions on whether to grant asylum or submit the case to an immigration judge for further proceedings.
Asylum officials play a critical role in the asylum process, ensuring that applicants receive a fair and thorough review of their claims. They utilize appropriate immigration rules, regulations, and policies to make educated decisions and help respect the principles of humanitarian protection.
To seek political asylum in the USA, you normally need to complete these steps:
1. Enter the USA or be present in the USA: To petition for political asylum, you must either be physically present in the USA or present yourself at a port of entry.
2. File the asylum application: Submit Form I-589, Application for Asylum and for Withholding of Removal, to the appropriate U.S. Citizenship and Immigration Services (USCIS) office. Include all required information, supporting documents, and any applicable costs.
3. Biometrics appointment: After submitting your application, you will be scheduled for a biometrics session. At this appointment, your fingerprints, photograph, and signature will be taken for background checks.
4. Asylum interview: You will be scheduled for an asylum interview with an asylum officer from USCIS. The purpose of the interview is to analyze the credibility of your asylum claim. Prepare for the interview by compiling all relevant evidence, paperwork, and witness statements that support your allegation.
5. Decision: After the interview, USCIS will make a decision on your asylum claim. They may approve your application, deny it, or submit it to an immigration judge for additional review.
6. Immigration court proceedings (if necessary): If your asylum application is denied or referred to an immigration judge, you will have to appear before an immigration court. The court will assess your case and make a final judgement on your eligibility for asylum.
It’s vital to recognize that obtaining political asylum can be a difficult and challenging process. It is advisable to speak with an experienced immigration attorney or an organization specializing in asylum cases to help you through the procedure and give necessary support.
Yes, it is feasible to travel back to your native country after being given asylum in the United States. However, it is vital to consider a few factors:
1. Travel restrictions: Before planning any travel, it is vital to determine if there are any travel restrictions or limitations imposed by your asylum status. Certain circumstances, such as outstanding immigration court procedures or special requirements related to your asylum grant, may restrict your ability to travel.
2. Refugee Travel Document: If you plan to leave the United States and return, you will normally need a Refugee Travel Document. This document serves as a passport for refugees and asylees and allows you to reenter the United States after temporary travel abroad. It is vital to obtain this document before leaving the nation, as it may be difficult to gain it while overseas.
3. Dangers and considerations: Returning to your native nation after being granted asylum can have significant dangers. Asylum is awarded based on a well-founded fear of persecution in your home country, therefore returning voluntarily may harm your asylum status or create issues if you need to seek protection again in the future.
It is recommended to speak with an experienced immigration attorney or seek assistance from a recognized immigration group to understand the unique consequences and hazards associated with traveling back to your home country after being granted asylum. They can provide specific guidance based on your situation and aid you in negotiating the complexity of asylum-related travel.
Please feel free to contact us with any questions or concerns you may have. We look forward to helping you.