All You Need to Know About ASYLUM

OBTAINING ASYLUM IN THE UNITED STATES.

Each year, thousands of people arriving at the US border or already in the

United States apply for asylum, a form of protection from persecution.

Asylum seekers must navigate a difficult and complex process that can

involve multiple government agencies. Those granted asylum can apply to

live in the United States permanently and gain a path to citizenship and can

also apply for their spouse and children to join them in the United States. In

this editorial, PathWay USA provides an overview of the asylum system in

the United States, including how asylum is defined, eligibility requirements,

and the application process.

What Is Asylum?

Asylum is protection grantable to foreign nationals already in the United

States or arriving at the border who meet the international law definition of

a “refugee.” The United Nations 1951 Convention and 1967 Protocol define

a refugee as a person who is unable or unwilling to return to his or her

home country due to fear of persecution. They cannot obtain protection in

that country, due to past persecution or a well-founded fear of being

persecuted in the future “on account of race, religion, nationality,

membership in a particular social group, or political opinion.”   Asylum is

technically a “discretionary” status, meaning that some individuals can be

denied asylum even if they meet the definition of a refugee.

As a signatory to the 1967 Protocol, and through U.S. immigration law, the

United States has legal obligations to provide protection to those who

qualify as refugees. The Refugee Act established two paths to obtain

refugee status—either from abroad as a resettled refugee or in the United

States as an asylum seeker.

How Does Asylum Help People Fleeing Persecution?

An asylee—or a person granted asylum—is protected from being returned

to his or her home country, is authorized to work in the United States, may

apply for a Social Security card, may request permission to travel overseas,

and can petition to bring family members to the United States.  Asylees

may also be eligible for certain government programs, such as Medicaid or

Refugee Medical Assistance.  

After one year, an asylee may apply for lawful permanent residency. Once

the individual becomes a permanent resident, he or she must wait four

years to apply for citizenship.  

What Is the Asylum Application Process?

There are three primary ways in which a person may apply for asylum in

the United States: the affirmative process, the defensive process, and

the expedited process.

 Affirmative Asylum: A person who is not in removal proceedings (or

a person who has been designated as an “unaccompanied child,”

even if in removal proceedings) may affirmatively apply for asylum

through U.S. Citizenship and Immigration Services (USCIS), a

division of the Department of Homeland Security (DHS). Suppose

the USCIS asylum officer does not grant the asylum application and

the applicant does not have a lawful immigration status. In that

case, he or she is referred to the immigration court for removal

proceedings, where he or she may renew the request for asylum

through the defensive process and appear before an immigration

judge.  

 Defensive Asylum: A person who is in removal proceedings may

apply for asylum defensively by filing the application with an

immigration judge at the Executive Office for Immigration Review

(EOIR) in the Department of Justice. In other words, asylum is

applied for as a defense against removal from the U.S. Unlike the

criminal court system, EOIR does not provide appointed counsel for

individuals in immigration court, even if they are unable to retain an

attorney on their own.

 Expedited Asylum: A person taken into custody within 14 days of

entering the United States who is placed into “expedited removal”

proceedings may be put through a new process begun in 2022,

which allows a USCIS asylum officer to review and adjudicate their

asylum claim before they are placed into formal removal

proceedings.  Individuals put through this process who are denied

asylum are referred to the immigration court for removal

proceedings and further expedited hearings on their asylum

application.

PathWay Visa is here to help the vulnerable people of the world fleeing

persecution in their home countries find haven in the United States.

Navigating the asylum Process is lonely, depressing, and emotionally

consuming. We understand your pain and are here to help you through the

entire asylum process. Contact us today for a FREE Review of your

Asylum eligibility and Credible Fear factor.