The right to apply for asylum has been a critical component of the immigration statute in the United States. for many years. Unfortunately, the rising numbers of asylum applicants and the increasing backlog in the system have continually challenged policymakers. An asylum is a form of legal protection you seek in another country if you are forcibly displaced or are fleeing persecution or harm in your country of birth. Persecution can be executed based on political opinion, nationality, religion, race, and membership in a particular social group. The right to asylum is defined in the United States immigration statute and Article Fourteen of the Universal Declaration of Human Rights. It is also defined in the 1951 Refugee Convention and its 1967 Protocol. You should seek the services of a skilled immigration attorney if you intend to seek asylum. An attorney increases your chances of winning your case.
Benefits Of Winning Asylum Case
You could gain many benefits by winning your asylum case, including:
Staying In California For An Indefinite Period
You can stay in California for as long as possible when you win your asylum case. Unfortunately, asylum status does not make you a permanent resident. You can only apply for permanent residency after holding asylum for a period that is not less than one year.
On the other hand, you can lose asylum status if:
- The court convicts you of certain offenses.
- You engage in certain activities that disqualify you from retaining your asylum status.
- You have secured protection from another nation. For example, securing asylum both in U.S and U.K.
- You are no longer at risk of persecution in your country of birth because of a fundamental change in circumstances.
Easy To Secure Services And Help From The Office Of Refugee Resettlement (ORR)
You have a right to services and any help from the ORR as an asylum seeker. ORR usually administers and funds different programs that non-profit, private, and state agencies run throughout the United States. The programs include the following:
- English language training.
- Job placement.
- Employment preparation.
- Medical and cash assistance.
Most of the above programs have a limited eligibility period, starting when the court grants you asylum. A phone number is usually provided to help you inquire about the programs and where to get help and services.
You Have A Right To Adjust Your Status
You have a right to apply for adjustment of your status one year from the date you secured a final grant of asylum. This will make you a legal permanent resident or green card holder. You will be in a waiting line until a visa becomes available. The court usually grants only 10,000 asylum adjustments each year.
You must be patient, even for years, before your adjustment application goes through; sometimes, the adjustment can be denied. The good news is that you will continue to hold your legal status as an asylee during the waiting period. You can also contact an immigration attorney if you need assistance applying for a status adjustment.
You must submit a separate Form I-485 while applying for lawful permanent residence status. Form I-485 helps you apply for an adjustment of your status or permanent residence for yourself and any other eligible member of your family. If you had a child who was twenty-one years old before August 6, 2002, and before the end of the adjustment process, the child can still be classified as a child.
You Can Apply For Derivative Asylum Status For Your Children Or Intimate Partner
The law allows you to apply for a derivative asylum for your spouse or a child under twenty-one on the date you apply for asylum. You could do so if your asylum application were on hold on or after August 6, 2002, even if you had not included them in your initial asylum application. You only need to provide substantial evidence that you have a valid relationship with that relative.
You should submit Form I-730 to request derivative asylum status for eligible relatives not included in your initial application. This is also known as the "Refugee & Asylee Relative Petition. You must file Form I-730 for every eligible family member within two years from the date the court granted you asylum status. You could do so unless the USCIS decides to extend the period for humanitarian reasons.
You Can Be Assisted To Secure Employment
You can access several services as an asylee under Title I of the Workforce Investment Act of 1998. The benefits include occupational skills training, career counseling, and job search assistance. You can access these and other services at local One-Stop career centers. A phone number is provided to help you inquire about One-Stop career centers. You can also access the details regarding One-Stop career centers online via America's Service Locator website.
You Have A Right To Apply For Social Security Cards
Once the court approves your asylum application, you can apply for an unrestricted social security card at any social security office. You must secure an application form, Form SS-5, for a Social Security card. You can also access details regarding the application for a Social Security card by visiting a local Social Security office. Other ways of accessing the information include calling the toll-free number or visiting the Social Security Administration website.
You Become Employment Authorized
Once the court approves your asylum application, you become work-authorized irrespective of whether or not you have an employment authorization document (EAD). However, you can secure an EAD from USCIS to assist you in meeting other obligations. Typically, the EAD serves as proof of both identity and employment authorization. You must present it to a potential employer as a List A document of the Employment Qualification Verification Form (Form I-9). The EAD can also serve as proof of alien registration. If you are a registered alien, the law requires you always to carry an EAD.
Since November 10, 2002, individuals who have secured asylum do not have to apply to the Nebraska Service Center to secure an original EAD. The Visa Entry Reform Act and Section 309 of the Enhanced Border Security Act of 2002 allow the USCIS to issue you an EAD containing a photograph and fingerprint immediately upon a grant of asylum.
If you need to renew your EAD, you must make an EAD application to the Nebraska Service Center. You will be asked to pay a fee or request a fee waiver under 8 CFR 103.7(c).
It Allows You To Secure Form I-94
Once the court grants your asylum application, you must secure Form I-94, Arrival-Departure Record. Form I-94 proves that you have secured asylum status in the United States. Your grant of asylum includes relatives that you included in your asylum application.
The Customs and Immigration Service, abbreviated as USCIS, will send you Form I-94 if you were granted asylum after your asylum interview. You can also contact the asylum office if you do not receive it.
You should make an appointment to obtain your I-94 on INFOPASS if you were granted asylum after a hearing before an immigration judge. You do not just walk into an asylum office without an appointment because they will not attend to you. You must carry identification and the court decision showing that you secured asylum to your appointment.
It Helps You Secure A State Identification Card Or A Driver's License
Once the court grants your asylum application, you could secure a state identification card or driver's license. You are required to make this application in the state where you reside. Many states in the United States demand that you obtain a Social Security number before issuing you an ID or a driver's license.
You Can Move In And Out Of The United States
You need a refugee travel document to reenter the United States after temporary travel abroad. You can secure the document by filing USCIS Form I-131, Application for Travel Document. The application could take some months before it's ready. Since a travel document expires, you must maintain a valid one to ensure that you are covered at any time you leave and reenter the United States
You should not attempt to visit your country of origin, where you claim that you risk facing persecution. If you make this mistake, United States authorities could decide you no longer fear persecution and revoke your asylum status. Additionally, you should not use a passport from your country of origin to travel.
The Process For Seeking Asylum
The process of securing asylum is complicated because it involves several federal agencies. The common ones are the Department of Health and Human Services and the Department of State. If your case is sent to immigration court, you must also navigate the United States justice system. You must also be physically present in the United States to apply for asylum. Typically, you will follow these steps:
Affirmation Process
If you have temporary legal status, like a short-term visa holder, you can apply for asylum with the DHS agency in the United States. Citizenship and Immigration Services, abbreviated as USCIS. You should apply within one year of arriving in the United States However, some extraordinary circumstances, like medical emergencies, can make you eligible for exceptions. The one-year period does not apply to your unaccompanied migrant children. If the court rejects your asylum application, you will face deportation. However, you can defend yourself against deportation.
Defensive Process
If the court denies you asylum, you can file for asylum as a defense against deportation. You can also file for asylum as a defense if you are apprehended for lack of the required documents. Customs and Border Protection operates at the entrances of ports, while Immigration and Customs Enforcement deals with arrests in the interior of the United States.
The judge in charge of immigration in the Executive Office of Immigration Review at the Department of Justice (DOJ) is responsible for every asylum applicant's case. If the immigration judge rejects your petition, you will have thirty days to file it with the Board of Immigration Appeals. This is the highest immigration court in the United States. You can file your appeal in federal court if your petition with the Board of Immigration Appeals fails. Some immigrants also file their petitions with the Supreme Court before their deportation. You could also contest your deportation by claiming a credible fear of torture in your country of birth.
Expedited Process
In 2022, USCIS asylum officers received the power to review and adjudicate asylum allegations against some migrants facing expedited removal. When interviewed after unlawfully crossing the border, they were found to have credible fears of persecution. Some migrants who have passed their asylum merits interview wait a long time to appear before immigration judges because of the asylum backlog. Usually, the asylum process takes a few months to a few years, depending on its path.
It is always advisable to remain in the state where you seek asylum when your application is pending. You must also try to pursue some courses and apply for work permits, though you will encounter many obstacles.
Committing Offenses After Securing Asylum
You could still be removed from the United States if you commit certain offenses, even after securing asylum. The following are offenses that could cause the authorities in the United States to deport you back to your country of birth:
- Theft.
- Robbery.
- Violation of protective orders.
- Drug addiction, trafficking, or distribution.
- Aggravated offenses of domestic violence.
- Assault.
- Child pornography.
- Sexual abuse of a minor.
- Rape.
- Murder.
When the police arrest you, you must contact your criminal defense attorney and immigration attorney. You should contact your attorney before making a plea bargain or entering into an agreement. Your criminal defense attorney will help you challenge your criminal charges, while your immigration attorney will advise you regarding the immigration repercussions of any charges or plea bargains. You must reach out to both attorneys because the definition of violations for immigration purposes is broader than that for criminal purposes.
Your Other Duties
The other duty you have as an asylee is to inform the USCIS of any alteration in your address within ten days of such an alteration. In this case, you are required to use Form AR-11, Alien's Change of Address Card. Additionally, if you are a male between eighteen and twenty-six years old, you are required to register for Selective Service. You can access the details regarding Selective Service and how to register by signing the Selective Service "mail-back" registration form at your local post office.
Filing A Frivolous Asylum Application
It is a crime to file a frivolous asylum application. The immigration authorities in the United States will consider your asylum application frivolous if you lie or create a fact that suits your case. You cannot trick or hide anything from the authorities. You could face severe repercussions for filing a frivolous asylum application, including a lifetime ban on any immigration benefits.
Your truthfulness and honesty are critical while applying for asylum in the United States. You can only win asylum cases if you are able to recount your experiences completely, consistently, and persuasively. Unfortunately, many asylum seekers do not arrive in the United States with the documentation or other direct proof of persecution or threats they encounter in their countries of birth. However, immigration authorities are firm on asylum, and lying or fabricating even minor portions of your claim could make the entire story doubtful. This could increase the chance of the immigration authorities rejecting your application.
Common Fraud Indicators
The USCIS will first discover fraud in asylum applications when reviewing Form I-589 and the supporting documents you submit. The things that the reviewing officer will look for include the following:
- Signs that you have submitted a previous asylum application under a different name.
- The time spent in the U.S before the asylum application.
- If your family members submit conflicting information.
- If your claim does not match your traveling history.
- If your fingerprints show a criminal record or different facts than those claimed.
- Excessive nervousness during the interview.
- Lack of eye contact with the USCIS officer.
- Over-eager interaction with the USCIS officer.
- Late arrival at the interview.
- Fake birth certificates, letters, and passport.
- The individual who prepared the application is known to the authorities for engaging in fraudulent asylum applications.
You need to understand the grounds for asylum eligibility and submit documents that meet the legal requirements. You must also avoid any notary, attorney, or other individual who advises you to engage in fraud.
Find An Los Angeles Immigration Attorney Near Me
A skilled and experienced immigration attorney can be the best resource to guide you through the asylum application process and win your case. Most non-profit organizations can assist you in identifying low-cost legal help with an asylum case. At the California Immigration Attorney, we are devoted and can guide you through the asylum application, increasing your chances of a favorable outcome. We have helped many people seek asylum in the United States, and they are happy with the outcome of their cases. Call us at 424-789-8809 to speak to one of our attorneys.