Seeking asylum in the United States can be an intimidating process full of complexity and uncertainty. You may be fleeing persecution in your home country and desperately need refuge, yet the convoluted laws and procedures leave you overwhelmed and anxious.
We understand the fear and confusion you face. Here’s what you need to know to help determine your eligibility and secure the protection you deserve.
What is Asylum, and Who Is Eligible?
The right to seek asylum in the U.S. stems from the 1951 Refugee Convention and the 1980 Refugee Act. Asylum provides protection to those already present in the U.S. who fear returning home due to persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
Unlike refugee status, asylum seekers are already in the U.S. when they apply. The asylum process has two paths: affirmative and defensive applications. Affirmative asylum seekers apply proactively with U.S. Citizenship and Immigration Services (USCIS), while defensive applicants request asylum as a defense against removal proceedings in immigration court.
Eligibility Requirements
Meeting the basic eligibility requirements is the first step for asylum seekers. An immigration lawyer can help verify qualifications, but core requirements include:
Physical Presence in the U.S.
With few exceptions, asylum applicants must already be in the U.S. or at a port of entry. This includes those who entered legally on a visa or illegally without inspection. Exceptions exist in rare cases where an asylum seeker has a valid visa but is still threatened in their home country.
Definition of a Refugee
Applicants must show a well-founded fear of persecution in their home country on the basis of race, religion, nationality, policy views, or affiliation with specific social groups. The persecution can come from the government or other entities the government cannot or will not control.
Timely Filing Within One Year
Affirmative asylum applicants must file within one year of arriving in the U.S. unless they qualify for an exception. Changed or extraordinary circumstances can exempt applicants from this deadline, which an attorney can explain in a consultation.
No Firm Resettlement Elsewhere
If an applicant is firmly resettled in a third country before coming to the U.S., they may be ineligible for asylum. Your lawyer can help determine if prior residence constitutes firm resettlement.
Navigating the Application Process
Two paths exist for seeking asylum: affirmative and defensive. The affirmative process involves submitting an application to U.S. Citizenship and Immigration Services (USCIS). You’ll then undergo biometrics screening and an interview with an asylum officer. San Jose Immigration lawyers help clients prepare strong applications highlighting solid evidence of persecution, such as police reports, news articles, and medical records.
With defensive asylum, you request protection during removal proceedings in immigration court. Judges hear arguments from you and government attorneys before deciding on asylum eligibility.
Having experienced counsel in court significantly boosts approval odds. Defensive asylum takes longer, often stretching two years, but remains an option if affirmative asylum gets denied.
Either way, a lawyer simplifies the complex process so you know what to expect each step of the way.
Factors That Strengthen Your Claim
While no guarantees exist, certain elements can increase your chances of gaining asylum. Retaining legal representation makes a major difference, improving approval rates by up to five times compared to going it alone. Developing a well-documented application also helps demonstrate credible fear. Useful evidence includes:
- Police reports from your home country
- News articles corroborating threats/harm against you
- Photographs of injuries inflicted by persecutors
- Medical records related to persecution
- Affidavits from witnesses, friends, or family
Additionally, vulnerable groups often receive particular consideration. Women, children, and LGBTQ+ individuals frequently face heightened persecution, bolstering asylum claims. Attorneys highlight facts to persuade judges of your credible fear.
Overcoming Barriers to Asylum
A few factors may complicate or prohibit asylum eligibility. You won’t qualify if you were previously denied asylum or permanently resettled in another country. Certain criminal convictions can also cause a denial.
Perhaps the biggest obstacle involves missing the one-year deadline for affirmative applications. However, your attorney can still help by demonstrating changes or extraordinary circumstances causing the delay. No matter your situation, lawyers explore every avenue to winning asylum.
The Life-Changing Impact of Gaining Asylum
Receiving asylum brings immense relief after enduring prolonged persecution. You can finally stop fearing for your safety and being separated from loved ones. Asylum also opens doors to many new opportunities.
As an asylee, you’ll receive authorization to work in the U.S. immediately. You can obtain a Social Security card, driver’s license, and other benefits. After one year, you may pursue permanent resident status. Once you have been a green card holder for five years, you can apply for U.S. citizenship.
Additionally, gaining asylum creates options to reunite families through derivative petitions.
Immigration Attorneys Can Help You Find Safety and Security
Obtaining asylum in the U.S. is a complex process with strict eligibility requirements. While approval rates remain low, asylum provides critical protection for those escaping persecution.
Engaging with an experienced immigration attorney from the outset can optimize one’s chances for success.
The immigration attorneys at the Law Office of Lina Baroudi have helped numerous asylum seekers find safety in the U.S. If you or a loved one are seeking asylum, they offer compassionate guidance and dedicated legal representation. Contact their team to schedule a consultation today.
