A Guide Through The United States’ Asylum Program

The right to seek US asylum programs has long been a cornerstone of US immigration law. Asylum is a form of protection for immigrants who have suffered persecution or harm in their home country. Asylum seekers have been on the rise for years, and the backlog of asylum cases has been steadily increasing.

This has put more pressure on American politicians to take action. Trump’s administration responded by implementing several policies designed to deter immigrants from attempting to cross the often-treacherous southern border. However, Biden’s administration has reversed many of Trump’s immigration-era decisions.

A surge in illegal border crossings in fiscal year 2023 further strained federal and border-state relations and reignited discussions about immigration reform in Congress. The United States has been a generous host to refugees for many years. Hundreds of thousands were resettled in Europe during World War II, and tens of thousands more were resettled during the Cold War.

The US has played a role in shaping international humanitarian law in favor of the protection of refugees. In 1980, the US government moved from a “loose” vetting and resettlement system to a more rigorous, standardized system. The size of the United States’ asylum program has varied over the years.

After the 2015 war in Syria and the migratory crisis in Europe in 2016, President Barack Obama and then President Donald Trump tightened the rules for refugees coming into the United States from Middle East countries.

In response to President Donald Trump’s travel ban, the number of refugees admitted to the United States sharply decreased, prompting renewed debate on the national security implications of US refugee policy. Under President Joe Biden, there has been a progression towards rebuilding the US asylum program.

The Welcome Corps initiative was created to allow Americans to sponsor refugees privately. This means that if you are already in the United States and can prove that you will be persecuted if you go back to your country of origin, you can apply for asylum to stay in the United States.

So, asylum seekers must prove that they meet the criteria for asylum. This is often a daunting task. To simplify the US asylum program, this post provides useful information.

Overview of the US asylum program

An asylum seeker is someone who has fled persecution in their home country to find a safe place to live. To be considered for the US asylum program, an individual must demonstrate to the United States government that they would face the same persecution if they returned to their home country.

Persecution is often based on a person’s racial, religious, ethnic, political, or social background. This persecution can make life in an asylum seeker’s home country very difficult or even dangerous. As an asylum seeker, you are eligible for a pathway to become a citizen of the United States.

Asylum and Refugee status are unique legal protections granted to individuals who have fled their country for reasons of self-preservation and are fearful of returning to any country where they live or work.

Of course, not everyone can claim asylum or refugee status. Applicants must meet stringent criteria. Specifically, applicants must demonstrate two major things:

• You are unable to return to your country of origin because you have been, or are likely to be, subject to persecution there in the past. You have a credible fear of persecution if you return to your home country.
• You have been (or are likely to be) persecuted because of your racial, religious, ethnic, political, or social background.

If you can move to another country and live there safely, you will be unable to prove that you are well-founded in your fear of persecution in your home country and will not qualify under the US asylum program.

Duration of stay under the US asylum program

Asylum lasts for an indefinite period of time. You remain eligible for asylum as long as your asylum status remains valid and you have not committed any crimes that would affect your immigration status. Your asylum status may be removed if you have a criminal record or become inadmissible for other reasons.

Your asylum status may be revoked if conditions improve in your home country. Your home country may be safe to return to, but you may have reservations about doing so. You can apply for green cards in the United States if you have asylum status. You should apply for a green card after one year as an asylum seeker.

When you have asylum status, it is important to start preparing for the green card application process.

Is the US asylum program the same as being a refugee?

There are a few differences between refugees and asylees. The main difference is that refugees apply for approval before entering the US, while asylum seekers apply after entering the country. In other words, the distinction between an asylum seeker and a refugee is based on where the individual applies.

Refugees must apply for asylum outside the United States. Asylum seekers who have already crossed the US border or entered the country (lawfully or illegally) may apply under the US asylum program.

Who is eligible?

Fortunately, the fundamental law of asylum applies to all government decisions, although it is sometimes interpreted as contradictory. First, you must prove that you qualify as a “refugee” (i.e., that you are unable to return to your country of origin because you have been persecuted there or because you fear that you will be persecuted there in the future).

You must demonstrate that the persecution was (or is likely to be) caused by one or more of the five “protected grounds” listed above and that there are no statutory “bars” (factors that prevent you from being granted asylum).

The US asylum program application process

There are three different ways to file an asylum application. It can be done affirmatively or defensively. The latter way is done during a removal proceeding. It also takes the form of an asylum merits Interview following a successful credible fear determination.

1. The affirmative process.

You can “affirmatively” file for asylum if not in removal proceedings. To do this, you must file form I-589, go through a biometric appointment, and be interviewed by an official.

• Form I-589 filing.

First, you will need to submit form I-590. Make sure to submit this form within 12 months of your arrival in the US. When you submit this form, include as much information and documentation as possible. Please note that you will need to prove that your application is true. Supporting documents can help you back up your background story.

Once you have completed this form, you will be asked to send it to the USCIS. The proper mailing address for this form will depend on your location and how you send it. Please speak to an immigration lawyer for more information about mailing addresses.

You can view your case status throughout the filing process on USCIS’s website. USCIS will also provide you with a confirmation receipt once your application is received. Once your application is received, the agency will notify you that your biometric appointment will occur at your nearest application support center (ASC).

• The biometric.

The next step is to go to your biometric appointment. During this appointment, USCIS collects your fingerprints, photos, and signatures. The agency will then compare this information with other government databases to determine criminal associations.

At your biometric appointment with USCIS, a representative will help you enter your biometric information on the machines. When you sign your form, you will be confirming that all of the details in your application are correct.

If your spouse or children are also seeking asylum, they should attend your biometric appointment. Unlike most immigrants applying for other status in the US, under the US asylum program, you do not have to pay fees for fingerprinting.

• The interview.

After the biometric, you will be interviewed for asylum. USCIS will schedule this interview for you at either one of its local or field offices. The USCIS categorizes applicants and handles application backlogs based on their priority level, which will determine when your interview will be.

During the interview, the interviewee will ask questions about your application. It is important to remember that they evaluate your asylum eligibility based on whether you have a credible fear of persecution in your country of origin.

Come prepared for your interview. Ensure you have all the necessary information to support your case, such as names, dates, and other details you wrote in your application. Also, ensure no discrepancies between your written and interview responses, as inconsistencies can damage your credibility.

Bring your dependents to the interview and an interpreter if you cannot understand and speak English.

• The decision.

In most cases, the asylum decision will be made a little while after the interview (not the same day). Your interviewer will evaluate your case based on your answers and written application. Once your interview is complete, the USCIS will:

1. Assess whether you are a candidate under the US asylum program.
2. You qualify as a refugee under the definition of the Immigration and Nationality Act.

You will usually receive a response within two weeks of your interview. However, you may be subject to longer processing time if you are interviewed in a field office or have pending security checks.

USCIS makes various application decisions. These include granting asylum or referring cases to an immigration court. They could also send the application to a court with jurisdiction. Sometimes, they may issue a notice of intent to deny. This will give you 16 days to provide further evidence.

2. The defensive process.

If you are in removal proceedings, you can apply for asylum defensively. If USCIS puts you in an expedited removal proceeding, you can request asylum if you can show that you have a credible fear of persecution if you return to your country of origin.

The USCIS puts you into a credible fear interview. During the interview, the agency asks you questions to determine if you have a real fear of persecution. If you fail the interview, USCIS moves your case forward with one of two options:

• Move your case to a second interview; the asylum merits an interview.
• Ask you to appear before the immigration judge with the EOIR (Department of Justice).

If the USCIS advises you to appear in front of a judge, you will need to file form I-589 on your own. Once you file this form, the process of the defensive asylum begins. If the USCIS denies your affirmative application and then places you in the removal process, you can continue with the defensive process.

You will use the immigration court process during your hearing to argue your case and why you are entitled to asylum. The immigration judge will most likely rule on your case after your hearing. If you want to appeal the immigration judge’s decision, your case will be submitted to the BIA (Board of Immigration Appeals).

3. The asylum merits an interview.

If you meet the criteria for the second interview but do not meet the criteria for the defensive process, then you will be set for the asylum merits interview. If the USCIS confirms your asylum application or takes your case into its own hands, a second asylum merits interview will be set for you.

Your asylum officer will evaluate whether you are eligible for asylum in the US, whether your situation warrants asylum, and whether there is a reason why you may be eligible. They will also evaluate whether you should be exempt from removal.

Your positive credible fear becomes the basis for your asylum application (as opposed to I-589), and you may include eligible dependents, such as your spouse or unmarried minor children, in your asylum application. You may bring your dependent, attorney, or accredited representative to your asylum merits interview.

If the asylum officer clears you for asylum, you don’t have to leave the country. You will also soon receive a letter of formal approval.

Get help!

You must apply for asylum as soon as possible after entering the United States. One year after entering the country, there is a time limit to apply under the US asylum program. So, if you are considering seeking asylum in the United States, your smartest move will be to contact us at Gehi and Associates.

Our experienced immigration lawyer is well-versed in the entire asylum process. We can answer any important question you may have. For example, what are the possible reasons why USCIS may reject your asylum application? If you have a criminal record in the United States or abroad, we can help you with that.

We also can help you with all the paperwork, such as the application form, and support it with evidence. With our help, you will get excellent representation before the asylum office or immigration court. Connect with us today!