Applying to US Asylum - Process of Political Asylum in USA

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If you have experienced or risk experiencing persecution in your home country due to your religion, race, nationality, participation in a certain social group, or political opinion, you may be eligible for asylum, which is a form of protection that enables you to remain in the USA.

How to Start Requesting Asylum?

Within a year of your arrival in the United States, you must seek for asylum. Applying is free of charge. Depending on whether you are applying for defensive asylum, affirmative asylum, or a positive credible fear test, the processes you complete will vary.

There are three ways to request asylum in the US:

Affirmative asylum

For those who are not facing deportation or removal, there is an affirmative process. U.S. Citizenship and Immigration Services (USCIS) asylum officers analyze and make decisions in affirmative cases.

Merit interview for asylum

This is for those whose credible fear screening resulted in a positive finding and who were subjected to expedited removal proceedings. A USCIS asylum officer examines the case and renders a decision.

Protective asylum

The Executive Office for Immigration Review's defensive procedure is for individuals who are the subject of deportation or removal proceedings before an immigration court (EOIR). Defense cases are examined by and decided by a judge.

Documents Needed

You must have:

  • Identification and citizenship credentials
  • A photo,
  • A written declaration, and
  • Country status reports.
  • Any documents not in English language must be accompanied by certified translations.

To request asylum, you must be in the United States or at a point of entry. A seaport, airport or border crossing - all qualify as ports of entry. You can petition for positive asylum directly with USCIS (U.S. Citizenship and Immigration Services) if you are not facing removal proceedings.

Keep in mind that Form I-589, Application for Asylum and for Withholding of Removal, must be completed and submitted.

While the USCIS is considering your Form I-589, you are permitted to reside in the US. If you are judged to be ineligible, you are permitted to stay in the country while the immigration judge considers your Form I-589. In order to work, an asylum seeker must fulfill a number of requirements.

Final Words

The asylum procedure is really difficult. It is crucial to consider your possibilities for legal assistance. Numerous groups and political asylum attorney agencies in NYC, Queens, Brooklyn, Long Island etc provide free or affordable US asylum attorney legal support and services. An authorized immigration advocate or an immigration attorney will increase your chances of obtaining asylum. They can assist you in completing your application and getting ready for your hearing or interview.

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