To seek asylum means to ask for protection because you are fleeing persecution in your home country. The United States has a long history of providing asylum to those who need it, and the process by which someone can seek asylum is governed by both U.S. law and international treaties.
If you are
seeking asylum in the United States, it is important to seek legal assistance as soon as possible. An experienced immigration attorney can help you navigate the complex asylum process and give you the best chance of success in your case.
In the meantime, here is our quick guide on what it means to seek asylum and a rundown on the asylum process.
What does it mean to seek asylum?
When an individual arrives in the United States and expresses a fear of returning to their home country, they may request asylum. Asylum is a form of protection that can be granted to someone who has been persecuted in their home country on account of their race, religion, nationality, membership in a particular social group, or political opinion. To be eligible for asylum, an individual must demonstrate that they have a well-founded fear of persecution based on their race, religion, nationality, membership in a particular social group, or political opinion. If an asylum seeker is able to establish that they meet the criteria for asylum, they will be allowed to remain in the United States and eventually may be granted lawful permanent resident status.
What is the process for requesting asylum?
The asylum process typically begins when an individual arrives at a U.S. port of entry or, in some cases, when they are apprehended by U.S. immigration authorities after entering the country without proper documentation. The individual will then undergo a credible fear interview, during which an asylum officer will determine whether the individual has a credible fear of persecution. If the asylum officer finds that the individual does have a credible fear, their case will be referred to an immigration judge for a full hearing on their asylum claim.
In addition, an individual must file their application for asylum within one year of their last arrival in the United States. There are some limited exceptions to this deadline, but it is essential to consult with an experienced immigration attorney to determine whether you may be eligible for an exception.
There are strict deadlines for filing an application for asylum in the United States. An individual must file their application within one year of their last arrival in the United States. There are some limited exceptions to this deadline, but it is essential to consult with an experienced immigration attorney to determine whether you may be eligible for an exception.
What is a credible fear interview?
A credible fear interview is an interview with an asylum officer that is conducted to determine whether an individual has a credible fear of persecution. During the interview, the asylum officer will ask the individual questions about their fear of returning to their home country.
If the asylum officer finds that the individual does have a credible fear of persecution, their case will be referred to an immigration judge for a full hearing of their asylum claim.
What is an immigration judge?
An immigration judge is a judicial officer who presides over hearings in immigration court. Immigration judges have the authority to grant or deny an individual's request for asylum. If an immigration judge grants an individual's request for asylum, they will be allowed to remain in the United States and eventually may be granted lawful permanent resident status.
What are the chances of success in an asylum case?
The chance of success in an asylum case varies depending on the individual's particular circumstances. Factors that can affect the outcome of an asylum case include the country of origin, the reason for fleeing, and whether the individual has any family or other ties to the United States.
There are some potential benefits to applying for asylum in the United States. One benefit is that an individual may be able to obtain lawful permanent resident status if their asylum claim is granted by an immigration judge. Another benefit is that an individual may be eligible for certain government benefits, such as food assistance and healthcare, while their asylum case is pending.
What are the risks of applying for asylum?
There are some risks associated with applying for asylum in the United States. One risk is that an individual may be detained by U.S. immigration authorities during the pendency of their asylum case. Another risk is that an individual may be deported if their asylum claim is denied by an immigration judge.
What happens if my asylum application is denied?
If your asylum application is denied by an immigration judge, you will be subject to removal from the United States. However, you may be eligible to file an appeal of the decision with the Board of Immigration Appeals.
What happens if my asylum claim is approved?
If an immigration judge approves your asylum claim, you will be allowed to remain in the United States and may eventually be granted lawful permanent resident status. You will also be eligible for certain government benefits, such as food assistance and healthcare. Additionally, you may be able to bring your spouse and minor children to the United States if they are included in your asylum application.
Consult With the Law Offices of Malvern C. Burnett
Applying for asylum in the United States can be complex and daunting. However, it is essential to remember that you may be eligible for certain benefits if your asylum claim is approved. Therefore, it is essential to consult with an experienced immigration attorney who can assess your case and advise you on the best course of action.
At The Law Offices of Malvern C. Burnett APLC, we are more than deportation attorneys. Our
immigration lawyers in New Orleans specialize in a variety of other services as well. Let us help you or a loved one with Family Petitions, Temporary Non-Immigrant Work Visas, Employment-Based Permanent Residence, Citizenship and Naturalization, Asylum, and more. To learn more about our services and how we can assist you, contact us today!
