Seeking asylum in the United States can be a complex and lengthy process, but for many individuals fleeing persecution, it is a lifeline to safety and protection. This blog post will provide a detailed overview of the asylum process in the USA, outlining the steps involved and the challenges asylum-seekers may encounter along the way.
What exactly is an Asylum process?
According to Asylum is a legal protection offered to individuals who have fled their home countries due to well-founded fears of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group. It is a fundamental right recognized by international law. [1]
How can an individual be eligible for Asylum in the USA?
Any person that wants to apply for asylum in the USA must meet the criteria below to be eligible:
- Be physically present in the United States or at a U.S. port of entry.
- Apply for asylum within one year of their arrival, unless they can demonstrate exceptional circumstances that caused the delay.
- Demonstrate a well-founded fear of persecution on one of the five protected grounds mentioned earlier. [2]
How exactly is the Asylum Application Process?
The asylum application process involves basically these 4 processes:
1. Filing Form I-589: Asylum seekers must complete and submit Form I-589, Application for Asylum and for Withholding of Removal, to the U.S. Citizenship and Immigration Services (USCIS). This form should include a detailed personal statement explaining the reasons for seeking asylum. At Nisbet Law we take care of this process for you, making sure that all the requirements of the form are successfully filled.
2. Biometric Appointment: After filing the application, asylum seekers will be required to attend a biometric appointment where their fingerprints and photographs will be taken for security and identification purposes.
3. Asylum Interview: Applicants will be scheduled for an asylum interview with an asylum officer at a USCIS office. During the interview, they will provide additional details about their case and the reasons for seeking asylum. Consider that it's essential to have legal representation during this interview, and here at Nisbet Law we will be more than happy to represent you in the whole asylum process.
4. Waiting for a Decision: After the interview, applicants will wait for a decision. This can take several months or even years due to the backlog of asylum cases.
Can I work while I apply for Asylum?
While waiting for an asylum decision, applicants can apply for work authorization if their asylum application is pending for more than 150 days. [3] This allows them to legally work in the United States to support themselves and their families. At Nisbet Law we provide you with the employment authorization application and guide you through the process.
What if the asylum seeker has been detained?
Some asylum seekers may be detained by immigration authorities, while others may be released under certain conditions. Detained individuals have the right to a bond hearing to request release according to the Department of Justice. [4] If you are seeking bond proceedings service, at Nisbet Law we can also represent you and ask for a bond motion for your case.
What are the benefits of asylum?
If granted asylum, individuals can enjoy several benefits, including the right to live and work in the United States, access to certain government benefits, and the possibility of obtaining lawful permanent residency (a green card) after one year. [5]
Is there something I need to consider when applying for Asylum?
- Asylum seekers often face numerous challenges, including language barriers, lack of legal representation, and long processing times.
- Recent policy changes and executive orders can impact the asylum process, so staying informed is crucial.
- Asylum cases can be emotionally taxing and may require significant evidence to substantiate claims.
Even when seeking asylum in the USA might be a complex and challenging process, it offers a chance at safety and protection for individuals fleeing persecution. It is important to understand the steps involved, meeting eligibility criteria, and seeking legal assistance can greatly improve an asylum seeker's chances of success. As the asylum landscape can change, it's essential to stay informed and seek guidance from legal experts and advocacy organizations to navigate this process effectively. Remember that at Nisbet Law we have the expertise to provide you with all the essential steps and requirements while accompanying you in the whole asylum-seeking process. Contact us for more information and we will be more than glad to start this journey with you to the USA.
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