Seeking Asylum in the USA [How To Apply]

 I wanted to discuss a very, very important topic. One that is dear to my heart and that is about asylum. What is asylum? How can you get asylum? And who qualifies? There is a lot of misinformation and mystery around this topic, especially given the fact that asylum seekers have been painted in a very bad light by many. But I want you to know that the roots of asylum law are founded on human rights.

So, what is asylum? Asylum is something that is granted to you by a new government in a country that is not your own. This country would give you asylum because you are seeking protection from your home country for various reasons. It is something that must be given to you, and that you must obtain by proving that you require it.

Here in the US, there are two main ways to get asylum. The number one is by a process that we call Affirmative Asylum, which is something that must be granted by an immigration officer at USCIS. The second process is Defensive Asylum, which is something that must be granted by a judge during deportation proceedings.

So how do you qualify for asylum? The root of asylum is the fact that you fear going back to your home country because you fear being persecuted. And what does persecution mean? Persecution means that you are being targeted, being hunted, being hurt because of something about you or your beliefs that you cannot change, or that you're unwilling to change.

You qualify for asylum if you fear going back to your home country because either your government or somebody inside your country that your government can not or will not control is wanting to hurt you because of your race, religion, ethnicity, nationality, political opinion, or membership in a particular social group.

Each of the grounds upon which you can seek asylum in the US. It is very important to note that if you are a dual national or you have citizenship in multiple countries, then you may not qualify for asylum in the US because, in the eyes of the government, you can easily move to another country. Also, it is important to note that you have to show that you cannot go anywhere else inside your country, or that relocating to a different part of a country is just not possible or reasonable.

It is also very important to note that your fear of getting hurt because one of these grounds can come from something that has already happened in the past or something that you fear happening in the future. Again, the harm that you will suffer must either come from your government, or it must occur because the government is not able or not willing to protect you from other persons or groups inside your country that want to harm you because of these same things.

So thus, how can you apply for asylum? It is very important to note that if you qualify for asylum, or if you believe that you need asylum, you must adhere to the strict one-year deadline. This one-year rule means that from the date that you step foot into the US you must file for asylum within one year. What happens though, if you don't realize that you need to file for asylum or that you don't even realize that you can file for asylum until after one year past, can you still apply? Well, if you are looking to file for Affirmative Asylum, you must show that you have an exception to the one-year filing rule. These exceptions occur because something changed inside your country, which is now making you aware of the need for filing for asylum or if something extraordinary happened to you here in the US that prevented you from filing for asylum before.

But also, what happens when you left your country, things were not that great. You knew that you might suffer for one reason or another, and you decided to leave, you've come here to the US, and all of a sudden thing has gotten worse. There is more persecution, there's more harm. There's more torture. If the conditions inside your country worsen or change, this is also another reason that you can use to show that you qualify for an exception from the one-year filing deadline. So, the way that you file for asylum is number one, you have to be within the one-year deadline, or if you happen to be outside of the one-year filing deadline, you must show an exception to this bar.

Number two, you need to apply for this form, this application is on form-589, Application for Asylum and Withholding of Removal. This is the form that you must officially file with either court or with the asylum office, depending on the type of asylum process you are doing that will kick start your asylum process. And you must, of course, attached to this application, your statement, any evidence of why you fear suffering if you return to your home country or proof of what you have already suffered in your home country, along with reports of anything else that you think will help support the case.

Once your application is filed, you will receive an appointment for fingerprinting, and then eventually you will receive an appointment for an interview if you are filing an Affirmative Asylum. If you're already in court, then you will receive a hearing date. At your interview, you will have the opportunity to explain your case to the asylum officer and they will ask you many other questions as well to make sure that you do qualify. And the same thing will pretty much occur in front of a judge during your removal case, except this time the government's attorney from DHS will also get the opportunity to cross-examine you and present any evidence that they may also have.

So, when should you file for asylum? File for asylum, as soon as you feel that you need to file and always get the help of an attorney if you have an attorney by your side, your chances of approval go up that much more. This is a very complicated and difficult process to do on your own. I believe in an asylum because I believe it is rooted in human rights, and everyone has the right to live in a country, safe from any oppression. However, you must still follow the legal process so that you can get approved. If you found this article helpful, please leave me a comment or an alike, and don't forget to subscribe to my blog and This blog is for informational purposes only, and does not constitute legal advice.

WHAT IS STUDY PERMIT AND HOW TO GET IT!

We are going to discuss in this article about study permit. A study permit is a document issued by the government of Canada that allows prospective students to study in Canada at Canadian designated learning institutions. It is important to remember that a student permit does not allow you to enter Canada and you also need a visa is tempting your passport to travel to Canada. 

If you are applying for a study permit from outside Canada most likely the Canadian consulate will issue a letter that will allow you to have the study permit and also the visa that will allow you to enter Canada.  However, if you’re applying for a study permit from inside Canada you are only going to receive the study permit, not the authorization to enter Canada so that's very important for you to know if you are planning to study in Canada for less than six months you may not need to apply for a study permit. This is because the visit visas can allow you to study in Canada for up to six months however if you wish to stay in Canada longer you must plan from the beginning what's going to be your strategy to apply. After all, the first study permit can only be applied from outside Canada with exception of few scenarios so if you intend to stay in Canada longer it is very important to plan ahead either before you come to Canada or right after you arrive in Canada.

Now let's talk about study permit eligibility to apply for a study permit you are required to present your passport. Please bear in mind that it is recommended for your passport to be valid for the entire period of your studies plus 92 days otherwise your study authorization will be limited to the validity of your passport. You also need to have been already accepted in a Canadian institution and have hand your letter of acceptance to include your application this is because your study permit will only be issued for the duration of your program plus 92 days and what decide the duration of your program is this letter.

You also need to convince an officer that you have ties to your home country and you have reasons to return to your home country after a period of studies most important, you also need to prove that you have enough funds to support yourself and your family members during our stay in Canada without working. A lot of people ask me if I’m going to be allowed to work part-time and my spouse is also going to be allowed to work full-time why I cannot consider that I will have enough means to support myself through the work in Canada. This is because the government wants to secure that if you are here in Canada and for any reason you cannot find employment or something happens and you are not able to work you are still going to be able to support yourself and your family members.

Without the need for work, the minimum amount required for your application depends on a series of factors including age your career prospects the current economic scenario in your home country the course that you are studying, and how long you are proposing to stay in Canada. As the minimum threshold, the government requires that you cover the first year of tuition and enough funds to support yourself and your family for the first year on your visa. I usually recommend for you to have at At least 30 to 50 more of the minimum requirements so you have a safer application you may also need to prove that you have no previous criminal conviction and that you have not done anything illegal in any other country that you have visited or studied even though it's a country that is different from Canada.

If you do not meet the eligibility requirements the officer may have used your application needless to say. If you provided false or misleading information your application may also be refused. However, it’s going to be very hard to reverse that decision. 

Let's talk about processing time depending on your home country government processing times may vary from few weeks to several months so you need to apply with time to have proper time to prepare your application to submit the documents to the Canadian government and have it processed before the expected start date of your program studies. I strongly recommend for a study plan to begin at least six months before the beginning of your classes or preferably at least one year before the expected beginning of your classes.

If you want your children to study for free you must hold a study permit or work permit.  If you hold a study permit and you are studying Canada only a few programs will qualify at public institutions for, For example, you need to be enrolled at diploma level bachelor master's or doctorate but if you’re enrolled in a private institution only if your program is bachelor masters or doctoral degree will make your children eligible to study for free in Canada.

In Ontario for example your children may qualify to study for free even that you are studying only a certificate at a public institution or different diplomas at private institutions but remember every area has a school board that is responsible to decide who can be admitted to study for free and who cannot be admitted to study for free. It's up to the school board of the area that you decide to live in Canada to make the final decision.

Regarding the acceptance of your children into this school if you do not qualify for your children to study for free you can always pay for the tuition. There are options available for both public schools and private schools. All children must study in Canada in some provinces they will start at age four but in most provinces, they will start at age 5 at the kindergarten level. Then they will start from grade 1 to 12. grade 1 to 5 is elementary school grade 6 to 8 it is a junior high or middle school in grade 8 12 it is high school.

FEDERAL SKILLED WORKER PROGRAM | THE CHEAPEST WAY….

The Federal Skilled Worker Program is one of the most popular programs to immigrate to Canada. The reason why is because it is a program that allows you to apply for immigrating to Canada even though you are back home, so even without ever setting foot in Canada, you can enter this immigration stream. You can qualify and have good points. You can enter Canada already as a permanent resident of Canada as a new immigrant. It is also one of the cheapest way and fastest ways to immigrate to Canada. 

There are six selection factors to consider to qualify for the Federal Skilled Worker Program. These are language skills, education, work, experience, age, arranged employment, and adaptability, but before we can talk about the six selection factors, you need to know about the express entry. The federal skilled worker program is managed by an express entry, which is an online system that manages some of the federal programs. You need to be eligible for one of the federal immigration program to create a profile into the express entry. There are different points calculation considering the eligibility to enter the pool and the profile points that are going to be used to select you and issue an invitation to apply. The express entry will issue your invitation to apply based on the comprehensive ranking system points, which is the points assigned to your profile yet you can only create a profile into the express entry if you are eligible for one of the main federal immigration programs to be eligible to create a profile into the express entry through the federal skilled worker program. You must have at least six to seven points among the six selection factors that I mentioned above. 

I will explain one by one the most important selection factor for the federal skilled worker program is the proficiency level in English or French. You can use both or you can use one or another. The minimum requirement for you to be eligible to create a profile into the express entry system is to have an upper-intermediate level. We measure this level of proficiency through a unit called the Canadian language benchmark level or CLB. The government of Canada has a table, that determines what's the CLB level for each score that receives in one of the four abilities, speaking, writing, listening, and reading. The minimum score for you to qualify is to have CLB 7. If you choose to have IELTS General training for example to prove your proficiency level in English this means having at least six in all abilities in terms of eligibility for the federal skilled worker program. You can add between 16 to 24 points in regards to the proficiency level in the first language and up to four points regarding the level of proficiency in the second language in this case English or French. Always choose the language that you have the most proficient level as your primary language and if you want to add the second language will add the one that you have the least proficient level as the second language. When the eligibility points are transferred to your CRS points meaning to your express entry profile you can receive up to 160 points for language proficiency if you are single or up to 150 points for language in your profile if you are married. 

The second most important selection factor is education for the eligibility requirement for a federal skilled worker. You can earn up to 25 points for education. The minimum requirement for qualifying education is to have at least a high school. If you have a one-year diploma a little bit more points. You have a two-year diploma a little bit more. If you have a three-year diploma or bachelor's degree then the next level is two diplomas one must be of at least two years. Then masters and then Ph.D. as the maximum. You can earn up to 150 points for education if you are single and up to 140 points for education if you are married and your spouse can earn the additional 10 points for education according to their education level. 

The third selection criteria that I would like to talk about it is age. This can be a little bit confusing because it's very different when you consider what's the criteria for eligibility and what are the points that you receive in your express entry profile for your eligibility to the federal skilled worker program. You will earn maximum points which are 12 points if you are between 18 to 35 years old and you lose one point for every birthday until you reach 47 years old. You are not going to have any points for these criteria specifically which is an age in your eligibility profile but please bear in mind that even though you may not earn any points for the age criteria you still may qualify for the express entry pool when the age points are transferred to your express entry profile. The criteria are a little bit different you will earn maximum points if you are between 20 and30 years old to the maximum of 110 points if you are single and 100 points if you are married and after 30 years old you lose about 5points for every birthday. 

The next criteria that we are going to talk about are work experience specifically work experience outside Canada. You are required to demonstrate that you have at least one year of continuous full-time work experience in a skilled work occupation within the last 10 years the maximum points for the eligibility criteria for the federal skilled worker program. It is 15 points if you have only one year in the past 10 years. You are going to earn nine points if you have between two to three years of experience then you are going to earn 11points four to five years, 13 points and if you have six years or more you receive the maximum points of 15 points for the eligibility criteria when these points are translated to your profile. It can be a little bit confusing because you only receive points when assessing the combination of your work experience plus education work experience plus language skills or work experience outside Canada combined with work experience inside Canada and in this case, you can receive a maximum of 100 points into your express entry profile. These four most important selection criteria that you can have to be eligible for the federal skilled worker program I am still going to talk about the other two criteria that you need to know as well. 

The next criteria that I am going to talk about it are arranged employment you can receive10 points if you have a job offer in Canada but please be aware that if you have an employer in Canada that wants to hire you, that's not enough to give you points the employer needs to go through a sponsorship program for you to receive the points in this process. Your employer has to go through this process and has to prove to the Canadian government that there is no Canadian for the position and you are the most qualified. You can also receive points for these criteria on specific occasions where you qualify for an employer-specific work permit and you came to Canada and worked for at least one year for that employer. When the points of your arranged employment are transferred to the express entry profile. You can receive points according to the skill level type of your position. You will receive 200 points if your position is a skill level type 0 0 meaning your job offer is at the senior managerial level and you can receive 50 points if your position is a skill level type 0 a or b. 

The next selection factor that we are going to talk about is adaptability, which means everything that can help you to easily integrate into Canada will also count points to your eligibility. The maximum points for this selection factor are 10 points and you receive 5 points if you have a job offer. If your spouse also has an English proficiency level of at least Canadian language benchmark level 4 which pretty much means low intermediate so very easy to accomplish. You also receive points for these criteria if you or your spouse have already worked in Canada for at least one year. If you or your spouse have studied in Canada for at least two years, or if you have a relative in Canada, your relative must be connected with you at the first-degree level which means that needs to be either your mother or father your brother or sister. Your uncle or aunt your nephew or niece your grandparents or your grandchildren in terms of adaptability, not everything that you earn for eligibility will be transferred to your express entry points. You can earn points in your express profile if you have siblings in Canada, and you earn 15 points for that criteria and you can earn up to 20 points according to the level of proficiency that your spouse has in either English or French. So just a quick recap of what you need to do to be eligible to apply for the federal skilled worker program through the express entry system between the eligibility criteria you need to add at least 67 points and you can have up to 12 points for age up to 25 points for education up to 28 points for languages up to 15 points for work experience up to 10 points for arranged employment and up to 10 points for adaptability. 

There is no difference in terms of eligibility if you have more or fewer points. If you have at least 67points you are eligible to create a profile into the express entry system through your eligibility under the federal skilled worker problem. Studying in any country abroad in today's age isn't like what it used to be decades ago. Students now have multiple avenues that can help them reach abroad, get enrolled in a suitable course, and much more. They also have the most reason to study abroad because of the system of education they have in their own country. The education system is highly competitive, and each year it gets worse with higher cutoffs and with quotas or reservations for seats. A promising student might thus, miss out on proper education solely on either of these two factors.