Refugees, asylum, and U.S. citizenship have been hot topics for decades now, and the fuel for many political debates. People fleeing from countries all over the world are seeking safety from ongoing wars, and religious, political, or racial persecution. Since 1975, the U.S. has housed over 3.5 million refugees, and in just 2022, over thirty six thousand immigrants were granted asylum by the U.S. Refugees come from countries around the world such as El Salvador, Venezuela, Ukraine, Mexico, and Syria, and for those leaving their country from unspeakable tragedy or fear, there is a way to gain back a life of safety and dignity in the U.S.
Asylum status in the U.S. is protection by the government to those who meet the requirements of a refugee; someone who leaves their country because of persecution. The U.S. grants asylum status only to those already on U.S. soil or shortly arriving. Those who are seeking asylum need to go through a lengthy application process to be granted status. There are three ways to obtain asylum status: the affirmative process, an Asylum Merits Interview, or the defensive process.
Applying for Asylum
To apply for asylum through the affirmative process, you must first physically be in the U.S. Once here, Form I-589 Application for Asylum and for Withholding from Removal must be filed within one year of arrival. One of the challenges of filing this application isn’t the actual filling out, it’s the eligibility requirements. The intensive list of requirements includes having a previous application denied, and/or if you can be removed to a third country.
Once the application is received there will be two notices sent to you: an acknowledgment of receipt for the application and an invitation to visit the nearest application support center for fingerprinting. There are no fees to receive fingerprinting as an asylum applicant and once completed an interview, an asylum officer makes a decision, and status is completed.
The second way to apply is through an Asylum Merits Interview with USCIS (United States Citizenship and Immigration Services) after a positive credible fear determination. If a refugee expresses a fear of return to their country, prosecution, or torture, or they are expedited in removal proceedings and want to be granted asylum, they will be referred to get a Credible Fear Screening. This screening determines whether or not the refugee is eligible to gain asylum for their particular circumstances.
The third way to gain asylum is called Defense Asylum Processing with EOIR (Executive Office for Immigration Review). If a refugee has been deemed ineligible by the affirmative asylum process, were apprehended by US Customs and Border Protection without legal documents, or are in violation of immigration status, this is the step to take to gain proper asylum. An immigration judge will decide whether the individual is eligible for asylum or not. An attorney is allowed to be present for these proceedings.
Los Angeles, Southern California Immigration Lawyer
With lengthy applications, confusing terminology, and changing laws, it is a difficult process gaining asylum at a time when safety is needed most. An immigration attorney can help in many ways with this journey, including being represented in court, sorting through paperwork, and understanding the differences in each form of application.
Saam Borhani from the Borhani Law Group in Los Angeles is an expert in immigration law, and can help with the following.
Types of Asylum
Affirmative Asylum:
- Filed with U.S. Citizenship and Immigration Services (USCIS).
- Applicants are physically present in the U.S. and not in removal proceedings.
- Includes a detailed interview process with an asylum officer.
Defensive Asylum:
- Applied for as a defense against removal from the U.S.
- Processed through the immigration court system under the Department of Justice’s Executive Office for Immigration Review (EOIR).
- Involves a hearing before an immigration judge.
Asylum for Unaccompanied Minors:
- Special provisions for children under 18 who arrive in the U.S. without a parent or guardian.
- Cases can be processed through USCIS even if the child is in removal proceedings.
Credible Fear Interview (CFI):
- An initial screening process for individuals at the border or port of entry expressing fear of returning to their home country.
- Determines eligibility for a full asylum hearing.
Reasonable Fear Interview (RFI):
- For individuals who have previously been removed from the U.S. and express a fear of persecution or torture if returned.
- Similar to the credible fear process but involves a higher standard of proof.
Convention Against Torture (CAT) Claims:
- Protection for individuals who can demonstrate they are likely to be tortured if returned to their home country.
- Does not require the torture to be on account of race, religion, nationality, membership in a particular social group, or political opinion.
Withholding of Removal:
- Similar to asylum but with a higher burden of proof.
- Applicants must show it is more likely than not that they would face persecution if removed.
- Does not provide a path to permanent residency or citizenship but allows individuals to stay in the U.S. and obtain work authorization.
Humanitarian Asylum:
For individuals who may not meet the strict criteria of a particular social group or political opinion but still face serious harm.
Based on past persecution or other compelling humanitarian reasons.
Gender-based Asylum:
- Includes cases involving gender-specific violence such as female genital mutilation (FGM), domestic violence, and human trafficking.
- Requires demonstrating that the persecution is based on membership in a particular social group.
LGBTQ+ Asylum:
For individuals facing persecution due to their sexual orientation or gender identity.
Requires proof that the persecution is based on membership in a particular social group.
Religious Asylum:
- For individuals persecuted due to their religious beliefs or practices.
- Requires demonstrating that they face or have faced persecution on account of their religion.
Political Asylum:
- For individuals persecuted due to their political opinions or activities.
- Must show a well-founded fear of persecution based on their political beliefs.
Asylum for Victims of Gangs:
- For individuals fleeing gang-related violence and persecution.
- Often challenging due to the need to prove the gang’s actions constitute persecution on account of a protected ground.
In so many countries around the world, people are being “forcibly displaced” and unable to return to their home. War, robbery, persecution, fear of death, and torture are some of the atrocities that people in these countries are fleeing form. For those In countries like Syria, fear is a way of life, where people are “afraid to walk the streets.” But, there is help and there is a way to regain a life. Please contact our law office now for help: Hablamos español. Մենք խոսում ենք հայերեն. ما فارسی صحبت می کنیم
Sources:
uscis.gov
cfr.org
cbsnews.com
barrons.com
openai.com
