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There are many reasons why someone might want to come to the United States, as our country offers freedom of religion, speech, and the pursuit of happiness. Many people try to seek protection in the United States through the asylum if they are in fear that they may be persecuted or harmed if they return to their home country. Asylum in the U.S. represents the possibility of rebuilding their lives in a place free from fear and suffering. However, the asylum process is highly detailed and has strict eligibility requirements. As the stakes are high, it is critical to consult with an experienced immigration lawyer as soon as possible if you are looking to seek asylum in the U.S.
An Overview of Asylum in American Immigration Law
Asylum is a legal protection that allows individuals who fear persecution in their home country to remain in the United States. If granted, it not only shields a person from deportation but also opens the door to permanent residency, since applicants may seek a green card one year after being granted asylum.
To qualify, an applicant must show either past persecution or a well-founded fear of future persecution if they were to return to their home country. Importantly, the persecution should be based on at least one of the following five protected grounds:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
How To Apply for Asylum
There are strict eligibility, guidelines, and time limits to submit an asylum case. Asylum seekers must file their application within one year of arriving in the United States. There are limited exceptions to this rule. For example, a person may still be eligible to apply if they experienced extraordinary circumstances that prevented timely filing, or if there were significant changes in their home country that created new risks of persecution. Additionally, applicants must already be physically present in the United States to request asylum. The process typically involves the following steps:
- Submit Form I-589: The asylum process begins by filing the Form I-589, Application for Asylum and for Withholding of Removal, with U.S. Citizenship and Immigration Services (USCIS). Unlike many other immigration applications, there is no filing fee for this.
- Biometrics Appointment: After USCIS receives the form, applicants will be scheduled for fingerprinting and background checks.
- Asylum Interview: If the case remains with USCIS, an asylum officer will conduct an interview to review eligibility and supporting evidence. If the application is denied or referred, the case may be transferred to immigration court.
- Decision: If asylum is approved, the applicant gains protection from deportation and may apply for lawful permanent residency after one year. If it has been denied, removal proceedings could begin unless other relief options are available. Other times, if the application is denied or referred, the case may be transferred to immigration court, where an immigration judge will hold a hearing to decide whether to grant asylum.
How Long Does an Asylum Case Take?
If you are needing protection from prosecution, it is understandable you want to be granted asylum as fast as possible. However, there are many steps and there is no single timeline for an asylum case. Some cases move quickly and are resolved within a year, while others may remain pending for several years due to case backlogs, complexity, and the court overseeing the matter. Additional factors, such as requests for more evidence, mistakes in applications, appeals, or changes in country conditions, can extend the process even further. As such, it is important to have a qualified asylum lawyer to ensure your case goes as smoothly as possible.
Contact CoxESQ, PC Immigration Law Firm for Asylum Assistance
Asylum is one of the most important protections available in U.S. immigration law, but navigating the process without guidance can be overwhelming. Every detail matters, from proving your eligibility to presenting your story effectively before a government officer or judge. If you or a loved one are considering applying for asylum, don’t wait. At CoxESQ, an experienced immigration attorney can evaluate your case, explain your options, and advocate for your right to safety in the United States. Taking this step today could be the key to protecting your family and your future. Contact CoxESQ, PC today for asylum help.