What is Asylum

The Universal Declaration of Human Rights allows individuals who are fearful of facing persecution or have already suffered mistreatment in their own country to seek asylum in the United States. Persecution is defined as a threat to life or freedom due to political affiliation, religious beliefs, national origin, race, or membership with a certain social group.

Qualifications 

Those who wish to apply for asylum must usually submit their application within one year of entering the U.S. 

It is crucial to understand the requirements for applying to obtain asylee status. Although membership in a social group has been a valid reason in the past to pursue protection, the White House’s new immigration policy implemented in October 2017 now inhibits many from being approved on account of these grounds.

The White House’s new immigration policy also heightened credible fear screening guidelines, making it necessary for applicants to build stronger cases to prove their eligibility for asylum.

In addition, past persecution and fear of future persecution must be demonstrated, as well as the specific person or group who has caused the threat of harm. 

The qualifications for gaining asylee status are fairly strict, and several factors are taken into consideration when deciding whether or not to approve an application. This is what makes it vital to consult with an immigration attorney before filing. American Immigration Attorneys Miami has helped a number of clients successfully achieve their goal of staying in the U.S. Below, they explain some key things to know when applying for asylum.

The Process

Before this year, it was common to wait four to five years on average to get an interview with an asylum officer in charge of assessing the case, especially for individuals coming from Venezuela. However, this year we are seeing that many asylum interviews are being expedited; now many individuals are being interviewed within the first year of applying for asylum. 

If an applicant’s asylum request is denied during the interview, a referral for removal proceedings will be submitted. The applicant will then have the opportunity to defend his/her case in court before an immigration judge. This is best done with the help of an immigration attorney who knows what evidence is needed to support claims of persecution.

Risks of Applying for Asylum 

As a result of the new immigration policy priorities, there are some risks to think about when applying for asylum. Applicants are subject to extreme vetting, and there is a travel ban imposed on Venezuelan citizens who have any affiliation with the government. It’s also vital to realize that an individual won’t automatically receive legal status by applying for asylum.

Applicants are simply granted temporary permission to stay in the U.S. while they await their interview. If an interview is not scheduled within 150 days of applying for asylum, the applicant may obtain work authorization, which will allow her/him to also obtain a temporary social security card and driver’s license.

Asylum should not be used as a last resort to remain in the country after a visa has expired or until the applicant finds another way to gain status.

According to American Immigration Attorneys Miami, there are currently approximately 100,000 asylum applications pending in the downtown Miami Asylum Office alone. This shows the challenge of getting approved, especially without the legal counsel of an immigration attorney. Contact American Immigration Attorneys Miami by calling (786) 502-3235, or visit the website to learn more about the services provided to help protect immigrant rights.