Asylum in the United States

Asylum in the United States offers protection to people who have suffered persecution or fear persecution in their home country because of their race, religion, nationality, membership in a particular social group, or political opinions.

An asylum process can take years and has several deadlines. Here we explain how you can qualify and the process you must follow. Call us to help you with your process!

Requirements To Qualify For Asylum

1. Persecution or Fear of Persecution : You must prove that you have been persecuted or that you have a reasonable fear of being persecuted. Persecution can include violence, unjust detention, torture, death threats, among other serious harm.
2. Grounds for Persecution : The persecution must be based on one of these five grounds:

   – Race : Discrimination or violence based on your race.

   – Religion : Persecution for practicing, abandoning or adopting a religion.

   – Nationality : Persecution based on your nationality or membership in an ethnic group.

   – Political Opinion : Persecution for your political opinions, real or imputed.

   – Particular Social Group : Belonging to a specific social group, such as sexual orientation, gender identity or being a victim of domestic violence.

3. Inability or Lack of Protection by Government : You must demonstrate that your country’s government is unable or unwilling to protect you from persecution. You can do this, for example, by proving that you made a complaint, but the police do not take any action.

General Violence In Central And South America

It is important to note that widespread violence, such as that occurring in many Central American countries due to crime, gangs, and conflict, is not enough to qualify for asylum in the United States. For an asylum application to be approved, the persecution must be specifically based on one of the five protected grounds mentioned above.

Asylum Application Process

1. Filing the Application : You must file Form I-589, Application for Asylum and Withholding of Deportation, within one year of your arrival in the United States, unless you can demonstrate extraordinary circumstances that justify the delay.
2. Asylum Interview : After applying, you will be scheduled for an interview with an asylum officer. During the interview, you must provide details and evidence about your persecution and your fear of returning to your home country.
3. Asylum Officer Decision : The officer will evaluate your application and decide if you qualify for asylum. If approved, you will receive employment authorization and eventually be able to apply for permanent residency.
4. Immigration Court Hearing : If the application is denied, you may be referred to Immigration Court for a hearing before a judge. At this hearing, you will have the opportunity to present your case again and provide additional evidence.

Recent Arrivals And Deportation Procedures

For recent entrants, they are often placed in deportation proceedings immediately upon arrival. In these cases you can request asylum as a defense against deportation by presenting your asylum application (Form I-589) before the immigration judge during deportation proceedings.

– Initial Hearing: The process begins with an initial hearing, where the judge explains the charges against you and your rights. You must indicate your intention to apply for asylum.

– Merit Hearing : If you decide to move forward with the application, a merit hearing will be scheduled to present your complete case, including evidence and testimony.

Appeal Process

If an immigration judge denies your asylum application, you have the right to appeal the decision by filing a notice of appeal (Form EOIR-26) with the Board of Immigration Appeals (BIA) within 30 days of the judge’s decision.

The BIA will review the appeal and make a decision. You can uphold the judge’s decision, reverse it, or refer the case back for further proceedings. If the BIA denies the request, you can appeal to the Court of Appeals for the Federal Circuit and eventually to the United States Supreme Court if necessary.

The BIA handles appeals from all over the country, which is why it takes a long time to give decisions.

Work Permit And The Asylum Clock

You can apply for a work permit while you process your asylum case. The initial work permit has no cost, but you do have to pay to renew it. At this time, work permits through an asylum application in process are granted for a period of 5 years. They will also give you a social security card, and along with the work permit, you can use them to get a license in the State of Georgia.

To qualify for a work permit, the asylum application needs to be in process for 150 days. This is called the asylum clock. The clock runs and stops based on your actions. If you cause a delay in your case, the clock stops ticking.

If you are in deportation proceedings, the clock does not start ticking until you send the asylum application to the Immigration Judge. Sending it to USCIS and going to your fingerprint appointment does not start the clock ticking.

National Passage Rates

Asylum application approval rates can vary significantly in different parts of the country. Some factors that influence these rates include the region, the specific court, the immigration judge, and the applicant’s legal representation. Here are some key points about approval rates:

– Regional Variation: Pass rates may be higher in certain regions and lower in others. For example, some immigration courts on the East Coast of the United States may have different approval rates than those on the West Coast or in the interior of the country. The State of Georgia has one of the lowest approval rates in the entire country.

– Character of the Judge : Immigration judges have considerable discretion when making decisions on asylum applications. This means that approval rates can vary significantly from judge to judge, even within the same court.

– Legal Representation : Asylum seekers who have legal representation, whether through a private attorney or legal services organization, generally have higher approval rates than those who represent themselves.

Asylum Benefits

Obtaining asylum in the United States offers several benefits:

– Protection Against Deportation : You cannot be deported to your country of origin.

– Employment Authorization : You can obtain a work permit and legally seek employment in the United States.

– Permanent Residence : After one year as an asylum seeker, you can apply for permanent residence (green card).

– Family Reunification: You can request that your spouse and children under 21 years of age obtain derivative asylum.

Conclusion

Qualifying for asylum in the United States requires meeting specific criteria and presenting compelling evidence of persecution or fear of persecution. Although the process can be challenging, it offers the opportunity to start a new life in a safe environment. It is advisable to seek the assistance of an immigration attorney or legal services organization to navigate this process and increase your chances of success. In the event of a denial, knowing and following the appeals process gives you a second chance to present your case. Additionally, being aware of variations in approval rates can help you better understand the landscape and adequately prepare for your asylum application.

Call Holden Law Firm

If you are considering applying for asylum or need help with your immigration case, it is essential to have the support of experienced professionals. Call Holden Law Firm for expert, personalized legal advice. The Holden Law Firm team is committed to helping you navigate the complex asylum process and defending your rights every step of the way.

Contact Attorney Giovanna Holden

Attorney Giovanna Holden and her team are dedicated to providing high-quality legal representation for asylum seekers and other immigration cases. With years of experience and a deep commitment to justice, Giovanna Holden can help you present a strong case and fight for the protection you need. Call today to schedule a consultation and receive the support you deserve in your search for asylum in the United States.