The asylum process was established to help individuals seeking refuge in America when returning to their home country may risk their safety. To avoid going back to a potentially dangerous environment, people can apply for asylum in the United States if they genuinely fear violence or persecution.
An individual must demonstrate that they are a victim of persecution by authorities in their home country or by someone they are unable or unwilling to control to qualify for asylum in the United States. Poverty, limited economic opportunities, relocation due to natural disasters or a desire to reunite with family are not valid reasons for seeking asylum under U.S. law.
How does the process work?
There are two types of asylum that you can apply for in the U.S; defensive asylum or affirmative asylum.
- Defensive asylum: Migrants the government seeks to deport, including those who cross the U.S.-Mexico border illegally, can file defensive asylum applications to try to prevent their deportation. Immigration judges at the Justice Department, which also oversees an appellate immigration court body, decide these cases.
- Affirmative asylum: Individuals can petition for asylum through the Department of Homeland Security’s U.S. Citizenship and Immigration Services (USCIS), provided that they are not facing removal proceedings. Even if an individual has been identified as an “unaccompanied child,” they can still apply for asylum.
- However, if the USCIS asylum officer denies the asylum application and the applicant does not have valid immigration status, they will be referred to the immigration court for removal proceedings. At this point, the applicant may resubmit the request for asylum through the defensive process and appear before an immigration judge.
As with any law, the rules for seeking asylum are always being revised or changed. In order to make sure that you meet the current requirements, it is recommended that you seek legal assistance with the process.
