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Tag: #asilopolitic

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Types of Political Asylum in the US: How to Apply Correctly?

If you are or have faced persecution or serious threats in your country of origin due to your race, religion, nationality, membership in a particular social group or for having different political opinions, the Political Asylum process in the United States becomes a resource invaluable legal for you.

In the United States, there are two main procedures for applying for asylum: the affirmative process and the defensive process.

Affirmative Asylum:

This type of asylum is for people who are not facing removal or deportation proceedings. To qualify, you must have entered the U.S. with valid status or not have been inspected at the border. Additionally, you must file your asylum claim within one year of your last arrival in the country.

Defensive Asylum:

On the other hand, defensive asylum is requested when you are under removal or deportation proceedings. This means you are in removal proceedings before the Immigration Court with the Executive Office for Immigration Review (EOIR).

When is it classified as defensive asylum?

There are two main situations:

If you are referred by USCIS to an immigration judge after your affirmative asylum application has been determined to be ineligible.
If you have been arrested at a U.S. port of entry without proper legal documentation, in violation of your immigration status, or if you have been arrested by CBP attempting to enter the U.S. without proper documentation and are in deportation proceedings.

Credible Fear:

When an individual faces expedited removal proceedings and declares their intention to seek asylum due to a fear of persecution, torture, or return to their country, they will be referred to USCIS for a credible fear assessment. In this assessment, an officer will conduct an interview to determine whether the applicant truly faces a credible fear of persecution or torture.

If a credible fear is determined, USCIS may withhold the asylum application to consider the applicant's eligibility for withholding of removal and protection under the Convention Against Torture (CAT) in a second interview, known as an asylum merits interview. Otherwise, USCIS may issue a Notice to Appear before an immigration judge for consideration of the asylum case, withholding of removal, and CAT protection claims.

In short, the political asylum process in the United States is a vital legal resource for those facing persecution or serious threats in their home countries. We hope this information is helpful in your immigration process. For more content on this and related topics, follow us on Instagram @asisvisa.

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Political asylum in the United States = Hope for exile

Many of the questions that migrants have is whether they can apply for political asylum in the United States if they entered illegally.

The answer is YES, it is possible, as long as you meet the following requirements:

  • You cannot be in the process of removal.
  • You must apply for asylum within one year of your last arrival in the USA
  • Or you must demonstrate that you are eligible for an exception to the above requirement.

Countless people come to the United States seeking protection because of past experiences of persecution or the persistent risk of suffering persecution because of: their race, their religion, their nationality, their association with a social group, or their political ideology.

If you wish to apply for political asylum, you should know that there are two ways to obtain political asylum. I will explain what they are and what they mean:

Affirmative Asylum: To obtain affirmative asylum, you must be present in the USA. You must apply for asylum status regardless of how you arrived in the USA or your current immigration status.

Defensive Asylum: An asylum defense request occurs when you request asylum as a defense against your removal from the U.S. For an asylum application to be considered a defense, you must be in removal proceedings in Immigration Court with the Executive Office for Immigration Review (EOIR).

Do you need help with your asylum process? Leave us a comment

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Migration system collapsed. Are mass deportations coming to the USA?

The lack of coherence in the Biden-Harris administration's immigration policy will begin to take its toll.

According to figures, by the end of April the Immigration Case Review Office (EOIR) had accumulated more than 1.7 million cases and More than 580,000 migrants in a legal limbo without a clear immigration status.

Given the circumstances, the Biden-Harris administration, seeks to decongest the accumulated files accelerating the political asylum processes.

But four months after the first phase was implemented in Texas, and as the government prepares to expand it, experts warn that The rush puts thousands of migrants seeking asylum in the United States at risk.

In other words, with this decision Cases will be pushed through the judicial system at the expense of immigrants' rights.. According to experts*, the timeframes “excessively short” They are not enough for immigrants to gather and present evidence that corroborates their stories and fears. *American Immigration Lawyers Association (AILA) and the American Immigration Council in a report published on the Think Immigration website.

Likewise, it will grant temporary extraordinary powers to asylum officers from the United States Citizenship and Immigration Services (USCIS) to adjudicate these applications defensively, a power that until now only immigration judges had.

What the Biden-Harris administration is proposing in this new program is:

1. People at the border will be placed in expedited deportation and detention by ICE.

2. Credible fear interview, in detention and

3. Asylum Merit Interview (AMI) by USCIS.

Are these measures truly structural solutions for a collapsed and failed system? The lack of a serious and coherent legislative effort by the American Congress will take its toll on all immigrants.

Note compiled from: Univision and Hondudiario