How immigrants apply for asylum in the US

A Venezuelan migrant is led onto a bus at St. Andrews Episcopal Church on Friday, Sept. 16, 2022, in Edgartown, Mass., on the island of Martha’s Winery. A gaggle of 48 migrants was flown to the island from Texas earlier this week, leaving them stranded. They’re now being transferred to a navy base in Cape Cod.

[email protected]

Asylum is a type of safety to remain legally in U.S. territory.

A migrant can apply for asylum in the US if they’re bodily within the nation or at a port of entry at Customs and Border Safety. As soon as the migrant crosses the border, the asylum course of is lengthy and sophisticated, and might take a mean of virtually 5 years to finish.

All asylum seekers, and any members of the family ready to affix them, are left in authorized limbo whereas their instances are pending.

Here’s what you want to know in regards to the course of:

Select one of many three forms of asylum

Affirmative Asylum is granted to immigrants who should not topic to removing or deportation proceedings, who entered legally with a visa, and who’re already within the nation. Additionally it is for a migrant who has been designated as an “unaccompanied minor,” even when the particular person is in deportation proceedings.

When an asylum seeker enters the U.S. by means of a port of entry or with out inspection, the particular person should normally file an asylum software by means of the defensive or expedited asylum processes.

Defensive Asylum is granted to immigrants with out authorized standing who’ve been detained as unauthorized immigrants or caught attempting to cross the border illegally and are in commonplace deportation proceedings with the Government Workplace for Immigration Evaluate (EOIR) of the Division of Justice (DOJ).

Any such asylum is requested as a protection towards removing after the affirmative asylum request has been rejected. The case is solved in an immigration courtroom earlier than an EOIR decide, who doesn’t present an lawyer. The courtroom’s determination may be appealed.

Expedited Asylum is granted to an individual detained inside 14 days after coming into the US who’s going through “expedited deportation” proceedings in order that an officer critiques the case and adjudicates his or her asylum software earlier than the formal removing proceedings.

The right way to apply for asylum

Submit the asylum software to the US Citizenship and Immigration Companies (USCIS) by means of Kind I-589, together with the corresponding documentation.

Immigration legislation requires petitioners to use for asylum inside one yr of coming into the U.S. There are exceptions associated to delay because of extraordinary circumstances or adjustments in circumstances that have an effect on the case.

Throughout the affirmative asylum interview, a USCIS officer determines if the applicant meets the definition of a refugee, an individual who’s out of his or her nation who’s unable or unwilling to return there as a result of the particular person fears critical private hurt.

This request could also be authorized, denied, or despatched to courtroom for additional evaluation. If denied, it may be appealed earlier than the Board of Immigration Appeals and, in some instances, earlier than federal courtroom.

If the USCIS asylum officer doesn’t grant the affirmative asylum software and the applicant doesn’t have authorized immigration standing, the applicant is referred to the Immigration Court docket to enter deportation proceedings, the place she or he can renew the asylum software by means of the defensive course of and seem earlier than an immigration decide.

USCIS reminds that candidates should notify any change of tackle after the receipt discover.

Obtain notification for biometric assessments on the Division of Homeland Safety (DHS) to examine legal background.

Migrantes frontera.jpg
Migrants of various nationalities wait within the civic sq. of Tijuana (Mexico) to enter the US immigration workplaces, on the El Chaparral border crossing. Joebeth Terriquez EFE

Credible concern interview

Migrants in expedited deportation proceedings who’ve advised a Customs and Border Safety (CBP) officer that they concern persecution or torture in the event that they return to their nation or want to apply for asylum are required to go a reputable concern screening interview carried out by an asylum officer. Then all of it depends upon whether or not they apply by means of the previous course of used earlier than 2022 or the brand new expedited asylum process used after 2022, which is simply used on a pilot and restricted foundation.

Beneath the brand new system, some asylum instances are assigned to federal officers quite than going by means of the courtroom system, i.e., the asylum decide, to hurry up the appliance course of.

If an asylum seeker passes the credible concern interview, and the previous process is utilized, the case will likely be referred to the immigration courtroom to proceed the defensive asylum software course of.

If an asylum seeker will get the brand new process within the expedited asylum course of, the case goes again to USCIS for a separate “asylum deserves interview.”

At this “asylum deserves” interview, which takes place inside 21 to 45 days of the “credible concern” interview, the asylum officer will decide whether or not or to not grant asylum to the petitioner.

If asylum is granted after the asylum deserves interview, the method is full.

If the asylum officer determines after the asylum deserves interview {that a} migrant doesn’t qualify for asylum, the migrant is referred to the immigration courtroom to proceed with the sooner, defensive asylum software course of designed to finish the judicial course of inside six months.

If the officer determines that the migrant doesn’t have a reputable concern, the migrant’s removing is ordered. On this case, the choice may be appealed, following a evaluation course of earlier than an immigration decide, who can revoke the destructive opinion about credible concern in order that the immigrant initiates one other deportation course of to hunt safety from deportation, together with asylum.

0120 MIA skytrain 122214
Many Venezuelans who advised immigration officers on the Miami Airport that they felt concern of their nation have been despatched to immigration detention facilities in Florida. AL DIAZ [email protected]

Cheap concern interview

Migrants who illegally reenter the U.S. after a previous order of removing and non-citizens convicted of sure crimes are topic to a special expedited deportation course of referred to as reinstatement of removing.

To guard asylum seekers from deportation earlier than submitting their software, they’ve a “cheap concern” interview with an asylum officer to reveal that there’s a “cheap risk” of being tortured within the nation of removing or persecuted for causes of race, faith, nationality, political opinion or belonging to a specific nation or social group.

Profile Image of Isabel Olmos

Isabel Olmos es reportera de Servicio Público. En el Nuevo Herald ha escrito historias para Trasfondo, Locales, Revista Viernes y Galería 305, y ha cubierto temas fundamentales como salud, arte, cocina y viajes. Es guionista de documentales para televisión. Es Licenciada en Periodismo por el C.E.U. Universidad San Pablo de Valencia, España.

Leave a Reply