Asylum is a protection mechanism some nations offer to people who have left their home countries for fear of persecution because of their race, religion, nationality, social group, or political opinion.
In the United States you can apply for two types of asylum, affirmative or defensive. In both cases, the applicant’s eligibility will have to be determined by immigration authorities.
Asylum applicants will have to pass the “credible fear” test in front of the immigration authorities. This means they can demonstrate it would not be safe to go back to their home country due to a significant possibility of being harmed or persecuted.
If you want to seek asylum in the United States, contact our team of immigration specialists today.
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Affirmative Asylum:
To apply for Affirmative Asylum, you need to be physically present in the United States. Regardless of how you entered the country or your current immigration status, you can apply if you meet the eligibility criteria.
Defensive Asylum:
Defensive Asylum can be requested by those individuals who are at risk of being removed from the United States. An immigrant can be placed in removal proceedings after being caught trying to enter the country illegally or due to immigration violations.
Expedited Asylum:
Since 2022, individuals taken into custody within 14 days of entering the U.S. undergo an expedited removal process. A USCIS asylum officer reviews their asylum claim before formal removal proceedings. Those denied asylum proceed to immigration court for removal hearings and expedited review of their asylum application.
The concept of asylum within the United States immigration system extends beyond mere laws and regulations; it transcends borders to become a beacon of hope. It is a humanitarian act that provides refuge to those persecuted due to their race, religion, nationality, membership in a specific social group, or political beliefs. In a country where diversity is a fundamental pillar, asylum is a haven for the persecuted.
Asylum policies in the United States are meticulously overseen by the U.S. Department of State and U.S. Citizenship and Immigration Services (USCIS). Within this context, the “Refugees and Asylees Following to Join Their Families” policy has been a priceless resource for individuals seeking a secure haven. However, recent modifications in the process have introduced substantial alterations, directly affecting those yearning for refuge in this land of opportunity. We will thoroughly explore these adjustments and their implications for asylum seekers.
On May 11, 2023, the Department of Homeland Security (DHS) and the Department of Justice (DOJ) issued an update to the Circumvention of Legal Channels Rule (CLP). This rule introduces significant changes to asylum eligibility in the United States, especially for those who cross through the southwest border or adjacent coastal borders. It establishes a presumption of ineligibility for asylum in the case of individuals who cross between ports of entry or present themselves at one without a previously scheduled appointment.
Until October 16, 2023, over 64,100 asylum seekers found refuge in New York City. Each number represents a story of hope and adversity. Additionally, since last spring, an astounding number of 126,700 asylum seekers have arrived in this city seeking a fresh start.
The importance of maintaining continuous support for those seeking asylum and seeking sustainable solutions becomes more evident in the light of these figures. Each story represents a journey, and each number represents a life in search of safety and dignity.
New York has taken a proactive step by establishing the Office of Asylum Seeker Operations (OASO), a clear testament to its commitment to those seeking asylum on American soil. Mayor Eric Adams has further intensified this initiative through additional policies that make a significant difference in the lives of those arriving in the city seeking protection. This response is due to the unprecedented influx of people seeking refuge in New York.
In a gesture of solidarity, the city provides a 60-day notice to families with children seeking asylum in New York City, allowing them to find alternative housing. Social work services have been significantly reinforced to guide these families in exploring other housing options. Additionally, New York will open the Floyd Bennett field in the coming weeks to accommodate families with children in a semi-congregated environment.
Shelters designated for asylum seekers in the United States face serious capacity challenges. Immigrants seeking protection from within the country find themselves immersed in a complex maze of regulations and immigration procedures, facing numerous obstacles in their transition to life in the U.S.
One of the immediate challenges lies in the need for more legal counsel, leaving asylum seekers without the necessary support that could make a difference in their process. Let’s work together on your application to achieve your immigration goals. Contact us today to schedule a consultation with our experienced asylum attorneys in New York at 1-(212)-729-5720.
Regarding the processing of work permits, the timeline varies for asylum seekers. According to USCIS data, those who have filed for asylum and are awaiting a decision can apply for Employment Authorization Documents (EAD) after 150 days have passed since they submitted their asylum case. Currently, the average processing time for Form I-765, for those with pending asylum applications, is approximately 1.5 months.
Furthermore, in the case of denied applications, while specific data for 2023 is not available, it is crucial to note that those who have engaged in acts of persecution or aided others in doing so will face an automatic denial of their asylum application.
Asylum policies continue to adapt to the shifting dynamics of global migration. Staying updated on these changes is essential for asylum seekers and the organizations supporting them. The United States government and local authorities, like the City of New York, work tirelessly to address this complex issue while safeguarding the rights and well-being of asylum seekers.
The CLP rule, while establishing a presumption of ineligibility, also recognizes that exceptional circumstances exist. In these situations, humanity prevails. The following conditions can rebut the presumption of ineligibility:
The CLP rule is designed to be in effect 24 months after its effective date. Although it is currently suspended due to a judicial order, USCIS continues to apply the CLP rule in credible fear processing while the suspension remains in effect.
• Family-Based Immigration
• Deferred Action for Childhood arrivals (DACA)
• Waivers
• Employment-Based Permanent Residency
• National Interest Waiver Visa
• Family Reunification
• Citizenship and Naturalization
• Special Programs and Treaties
• Political Asylu
To qualify for asylum in the U.S., you need to pass the "credible fear test." Simply put, you have to show evidence of actual or potential persecution in your home country. This involves an interview with immigration authorities and a review of your case before a decision is made.
f your asylum application is denied, the case moves to an immigration court, where an immigration judge will carefully consider your evidence and make an impartial decision. Even if your asylum application is denied again, you still have the option to appeal to the BIA, U.S. Court of Appeals, and the U.S. Supreme Court.
The length of the asylum process varies, but it typically involves several stages. After filing your application, the initial decision might take a few months. However, due to factors like backlogs and processing times, the entire process can extend for several years.
Yes, you can apply for asylum if you are already in the U.S., regardless of your immigration status. It's important to submit your application within one year of your arrival, and exceptions may apply to this time limit based on specific circumstances.
The asylum interview is a crucial part of the process. You'll be asked about your personal background, the reasons for seeking asylum, and details about your case. It's essential to be honest and thorough during this interview, as it significantly influences the decision on your application.
If you are granted asylum in the U.S., you're set to go. You automatically receive permission to work, and after one year with your asylee status, you can apply for a Green Card. It's a positive step toward building your future here.
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