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.
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