To be granted for asylum, a person must be unwilling to return to their home county for fear of persecution or apparent danger under such criteria:
- Natural disaster
- Member of a political group or opposing political opinions
Persecution is the threat of a person’s life or freedom. This threat must be nationwide. Poor economic standards are not enough of a reason to qualify for asylum. Special circumstances may apply such as a natural disaster.
A person who is seeking refuge must reach a port or the border of the United States.
Eligibility for Asylum
Applying for asylum must be done when one either crosses the border or port-of-entry. At the entry location, you may file a free application for asylum. This application can be done within one year of entry. You may apply for asylum regardless of your immigration status. The two different ways an immigrant may apply for refuge are through defensive asylum or affirmative asylum.
This type of asylum is for individuals who are in the deportation process. One must file the application with the Executive Office for Immigration Review in the Department of Justice.
This process includes people who are not in the process of being deported. One may apply through the US Citizenship and Immigration Services. The application is reviewed by an immigration officer. If the applicant is denied then the asylee may apply for defensive asylum.
In order to qualify, there is a screening process to determine the level of danger an applicant is in. There are two different tests that are performed:
- Credible fear assessment: This test is designed for asylum seekers who are in the rapid removal process. It assesses proof of an individual whose life is in danger nationally from their own country.
- Reasonable fear assessment: A person who re-enters the US illegally will go through this test. There has to be a reasonable threat from an individual’s own country. One has to prove the possibility of torture, imprisonment, or death to the asylum officer.
If the asylum officer doesn’t approve the seeker’s assessment evaluation, the individual can file an appeal with the immigration court. If the asylum seekers case is denied by the judge, then they will be put in rapid removal and sent back to their home country. If the judge approves the assessment, then one will be protected from rapid removal. Getting legal advice from an immigration lawyer is crucial when to help understand the process and procedures one must go through during the asylum proceedings.
Passing the Assessment for Asylum
Once the asylee passes the credible and reasonable fear assessment, they may file for I-589, Application for Asylum and for Withholding of Removal. The asylum seeker must file this application with one year of entry. Your application will be reviewed by an immigration judge. It generally takes around 180 days from the date you filed your application to complete the asylum process. If your claim is denied the judge will order deportation.
Aylee’s Seeking Legal Help
Many people seeking asylum are unaware of the laws surrounding immigration in the United States. Because of the lack of knowledge surrounding asylum law, many people are denied sanctuary. Florida Immigration Law Counsel can assist with the complex legal system and protect your rights in seeking asylum.