If you are thinking of applying for asylum in the USA and also in fear for your life from your home country, this article would teach everything you need to know about the process involved.
People who are given asylum or exile status within the United States receive special legal protections
If you want to be eligible for these protections you may have to prove your case to the U.S. government, by meeting certain standards and criteria.
Here is a brief breakdown of everything we might be viewing during the course of this article:
• Definition of an asylum?
• Requirements for seeking Asylum
• How to Apply for Asylum?
Definition of an asylum?
An asylum provides the kind of protection that enables you to remain within the USA if you have got been persecuted in your home country due to your race, religion, status, membership in a very specific group, or political opinion.
When you are approved for asylum you can:
• Stay within the USA indefinitely with protection from detention and deportation
• Ask for asylum for your kids and spouse
• Automatically qualify for a job permit to work within the US.
• Apply for a social insurance card, travel documents, green card, and citizenship
• Be eligible for conveyance services for an amount of your time, as well as a monetary and medical help.
Requirements for seeking Asylum
Below are quite a number of criteria required before applying for asylum within the USA:
• Fear of ill-usage attributable to your race, religion, status, political cluster, and political opinion
• Are within the border of the United States.
• Stayed in the US for not less than 1 year
• Have not traveled through a secure third country, Australia
• Didn’t already relocate permanently to another country
How to Apply for Asylum?
In order to start your application process for asylum, there are three major ways in which processes are involved:
1. The affirmative process
2. associate Asylum deserves Interview
3. The defensive method.
The affirmative process
To obtain asylum through the affirmative asylum method you need to be in the USA in order to process your application
You may apply for asylum no matter how you arrived within the US. or your current immigration standing.
You may apply for affirmative asylum by submitting type I-589, Application for Asylum and for Withholding of Removal, to USCIS.
If your case isn’t approved and you do not possess a legal immigration standing, we’ll issue a type I-862, Notice to Appear (NTA).
The immigration officer conducts a “de novo” hearing of the case. this suggests that immigration conduct a replacement hearing.
In rare circumstances, if USCIS doesn’t have jurisdiction over your case, the asylum workplace can issue a type I-863, Notice of Referral to an Immigration lawyer, for an asylum-only hearing.
Suppose you were antecedently issued a NTA that wasn’t filed and docketed with the EOIR immigration court, or your antecedently issued NTA was filed and docketed with EOIR, USCIS can refile your NTA (if necessary) and send your type I-589 to the immigration court for judgment.
You may reside in the United States. whereas your Form I-589 is unfinished by the USCIS. If you’ve found ineligible, you’ll be able to stay within the United States.
Asylum candidates aren’t approved to get a job unless they meet certain criteria.
An Asylum Interview
If you’ve placed facilitated removal proceedings and indicate an intention to apply for asylum, due to reasons of ill-usage or torture, or categorical concern of returning to your country, you may be remanded to the USCIS for a reputable concern screening.
A USCIS asylum officer can conduct a reputable concern screening interview to see whether or not you have got a reputable concern of fear of torture by your home country.
If a good asylum officer finds that you simply have a reputable concern for ill usage or torture, USCIS could either:
• Retain and contemplate your application for asylum and conjointly deliberate your eligibility for withholding of removal and protection below the Convention against Torture (CAT) in a very second interview. this is often called associate Asylum and deserves an Interview. associate asylum officer can decide whether or not you’re eligible for asylum.
If necessary, the asylum officer also will confirm whether or not your eligibility stands for withholding of removal or protection below CAT supported by the record before USCIS; or
• Issue a Notice to see before an immigration lawyer deciding your asylum, withholding of removal, and CAT protection claims.
Once you file type I-589, Application for Asylum and for Withholding of Removal, with the immigration court, it places you within the “defensive” asylum method.
The defensive method
A defensive application for asylum happens once you request asylum as a defense against removal from the USA
For the asylum process to be defensive, you need to be in removal proceedings in immigration court with the Government office for Immigration Review (GOIR).