Guide On The United States’ Asylum System

Asylum is a country offering a haven to people running away from danger or persecution back home. It is a step-by-step legal and paperwork process to ensure someone is safe and has their rights as a refugee protected.

If you are lucky enough to get asylum or refugee status in the US, you get extra legal rights, so you don’t have to return to the place you were scared of. If you think you might qualify for these protections, you must show the US government you are telling the truth by meeting the application’s requirements.

A big difference between applying for asylum and refugee status is where you need to apply. Refugees must apply from outside the US (they can’t just go straight to the US), while those asking for asylum can apply either at a US border (like airports, seaports, etc.) or from inside the US.

Here is a quick rundown of what you need to do to apply for asylum status in the US.

Basic info about asylum

Getting into the US asylum system is complicated and usually takes a long time. It lets people who are scared of being persecuted back home come here for safety and stay in the US.

In other words, asylum is a way the US government lets people from other countries stay legally in the US as long as they meet some conditions, including being already here (or getting here at a US border) and qualifying as refugees, which is what international law says.

Luckily, the US government has to protect people seeking refuge if they meet the criteria. To get this status, you have to show you are really scared of being persecuted back home. According to the United Nations 1951 Convention and the 1967 Protocol, refugees can’t or won’t return to their home country.

It is someone who can’t get any protection in their own country because of past or future threats related to their race, religion, where they are from, who they are, or their political views. The US Congress added this idea to US immigration law through the Refugee Act 1980.

Asylum seekers often want to live in the US for good, work on becoming a US citizen, and usually ask their family (like their spouse and kids) to come over, too. Getting asylum status can get tricky because more than one government agency is usually involved.

Plus, there are two kinds of asylum application processes to wrap your head around: the one where you are asking for asylum (the affirmative side) and the one where you are defending yourself against being denied asylum (the defensive side).

Is every immigrant an asylum seeker?

The US rich culture is mostly influenced by immigrants – people who, for different reasons, want to move to a new country. When these reasons include danger and being treated badly, they move from just being immigrants to becoming asylum seekers.

Asylum seekers are people who have had to leave their home country because they had to, not because they wanted to. They are looking for a safe place to live. They don’t get to stay immediately, so going through the asylum process is important.

Who can get asylum?

People seeking asylum have to show they are really scared to go back to their home country because they are worried about their safety because of their religion, political views, being part of a certain group, race, or where they come from. This danger has to come from a government or a group that the government can’t control or ignore.

They also have to show that the danger they are facing is the same no matter where they go in their own country. This means they must prove they were picked out and wouldn’t be safe no matter where they went (even back home). To back up their claims of facing danger or being picked out, these situations are often shown:

• Being forced to have an abortion or be sterilized.
• Fearing for their life.
• Being tortured.
• Being arrested.
• Being watched all the time.
• Being forced to join a bad group.
• Having their privacy, family, home, mail, or facing unfair treatment when getting housing, education, or a passport.

In situations with bad economic conditions, high crime rates, violence, social problems, money issues, not enough job opportunities, or other problems, fear is a big reason to seek asylum. But, the US government will not just grant asylum because the asylum seeker says they need protection. You have to meet the criteria.

Filing on time

Filing your asylum application on time is super important. If you seek asylum, you must know the ‘One-Year Deadline Rule’. This rule says you have to apply for asylum within a year of coming to the US, starting from the moment you land. The deadline doesn’t pause until you have sent a full and official application to the right people.

You might not get asylum if you miss this deadline, but some exceptions exist. But remember that every case is different, and the immigration officers look at all the details of your situation before deciding.

Exceptions to the asylum application time deadline

It is really important to file your asylum application on time, but there are some situations where you can get a break from the one-year rule. These situations might include tough circumstances that make it hard for you to file on time or if something major has changed in your home country that makes you eligible for asylum. Some of these include:

• Serious illnesses or disabilities.
• Being legally disabled (like if you were a kid and didn’t have anyone to help you).
• Not getting good legal help.
• Changes in the situation in your home country.

Figuring out if you qualify for an exception can be tricky, and it is super important to have a good immigration lawyer on your side. Gehi and Associates have helped many people figure out if they can get a break from the filing deadline, so don’t hesitate to reach out if you need help.

Border applications for asylum

If you are at the US border or airport and have a valid visa or entry document, it is best to use that to get in without mentioning needing asylum. If the Customs and Border Protection (CBP) officials say no, you can say you are scared to go back to your home country and ask to apply for asylum.

Then, if you pass a “credible fear interview,” you will be allowed into the US to share your full asylum story with an immigration judge. Applying is harder if you don’t have entry documents. The Biden Administration has changed some policies but has kept some from the Trump era.

Now, it is a requirement for people from Central or Northern Mexico to use an app called “CBP One™” to share info and set up an appointment at a US port of entry in Arizona, Texas, or California. Getting a CBP appointment can be hard, but it is a big plus to keep trying: if you are permitted to enter the US after your appointment, you can apply for a work permit or EAD to work in the US.

According to an executive order, people trying to cross the border illegally won’t be able to get asylum starting in June 2024. This temporary rule will be lifted when the number of border arrests drops below an average of 1,500 per day for three weeks. Legal challenges by immigrant rights groups could also stop this new rule.

In-country asylum applications

If you get past a border or entry point and into the US, you will have more time to apply for asylum. You can wait up to a year after you get here to start the process. (If that deadline has already passed, connect with an immigration lawyer. There might be exceptions, and USCIS could understand more about the deadline.)

• Your first step in applying for asylum is to fill out USCIS Form I-589 and send it in along with other documents they will need. One of the key documents you will need is a detailed affidavit or personal statement that explains things you are ready to talk about. You don’t have to pay to file form I-589; other parts of the process can get pricey.
• Consider applying for other forms of protection, like Withholding of Removal or seeking safety under the Convention Against Torture. It is smart to gather a lot of documents that support your claim. Documents that mention you are great, like a newspaper article about your arrest, a card from a group you are in (if being part of that group made you a target), or medical records showing injuries from being beaten or tortured.

Even if you don’t have these documents, a strong case should show how the situation in the country you left is similar to what you have described in your affidavit. For instance, if you say the government often threatens people who speak out, having international news articles or reports from human rights groups back this up would help.

• After you send the form I-589 and supporting documents to USCIS, you will eventually be set up for an asylum interview at a USCIS office. Depending on where you are from, the wait for an asylum interview can be years.

An immigration lawyer can help you prepare for your interview and even accompany you. You must bring your interpreter to the interview if you don’t speak English.

• If the asylum office says no to your case, they will send you to immigration court. You can make your case again to an immigration judge and bring in more documents and evidence. Your immigration lawyer will talk to you before the judge, and the government’s lawyer will ask you questions. The judge might ask more questions, too. These hearings can last for hours and might get moved to another day.
• If the judge says no to your asylum claim, you can ask for a second opinion—first to the Board of Immigration Appeals (BIA), then to a federal appeals court, and even to the US Supreme Court if it wants to hear your case (which is pretty rare).

Get help!

As you can tell, getting asylum is not easy. Just filling out forms is just the start. The real challenge is making a strong case for why you need asylum and being ready to answer tough questions from an immigration officer (and maybe even a judge). It is a good idea to get an immigration lawyer to help you with your asylum application and the review process.

At Gehi and Associates, we understand that the asylum process can feel overwhelming, and we are here to help you out. Our goal is to give you the right and useful information to help you on your way so we can help you find a safe and stable future for you and your family. Contact us today to get started!