Equality and Liberty are two ideals fundamental to the United States. That’s why the country has a system in place to protect those who suffer persecution around the world. That system is called asylum, and today we will walk you through some of its most important features.
What Is Asylum?
Asylum is a type of protection the United States grants to foreign nationals who are already in the U.S. or are arriving at the border and seek protection because they have suffered persecution or fear that they will suffer persecution due to factors such as:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion
How Does Asylum Work in the United States?
In the United States, any foreign national can request asylum at a port of entry, which includes airports, seaports, and land borders.
If an asylum seeker is already inside the United States, they can request asylum by submitting an application (Form I-589) to the United States Citizenship and Immigration Services (USCIS).
Note that, in general, you are required to apply for asylum within one year of your most recent arrival in the United States. Failing to do so can get you barred from receiving asylum.
Once the application is submitted, you will be scheduled for a hearing with a USCIS officer. However, the initial wait time for this hearing can often be many months.
During the hearing, the USCIS officer will assess the validity of your asylum claim based on whether you are facing persecution or have a well-founded fear of persecution in your home country.
The officer will also consider whether the persecution you experienced is due to your race, religion, nationality, political affiliation, or membership in a specific group.
If your application is approved, you will be permitted to remain in the United States while your asylum application is under consideration. If your application is denied, you may face deportation to their home country.
Even if your application is denied, you may renew the request for asylum and appear before an immigration judge through a procedure known as defensive process.
Asylum: What You Need To Keep in Mind
While asylum is designed to protect you if you have been (or could be) subject to persecution, there are some aspects you need to keep in mind.
Asylum seekers don’t qualify for a work permit until their case is won or 180 days pass with their asylum application pending and no decision by the USCIS is made. Needless to say, this can prove to be a significant challenge for many.
In addition to this, asylum seekers often face linguistic and cultural barriers, as well as a lack of access to legal representation. All these obstacles can cause significant amounts of stress and anxiety for the asylum seeker.
As you can see, the process of seeking asylum in the United States can be challenging. Counting on the help of an attorney who knows the system and speaks your language can make a big difference.
At Basseliz Law Group we speak Spanish and base our approach to law on empathy and compassion. Contact us today for a free consultation and let us help you start a new chapter in your life.
Need Legal Assistance in Southern California? Basseliz Law Group is Here To Help
Whether it’s family law, criminal law, or immigration, at Basseliz Law Group, we have made it our mission to help you navigate the legal process with confidence.
From our offices in Riverside, California, we serve clients from all over Southern California, including Moreno Valley, Menifee, Murrieta, Pomona, and beyond. Contact us today at 951-389-0021 or send an email to info@basselizlaw.com