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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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Get a Green Card without leaving the United States

If you dream of living and working in the United States, Adjustment of Status may be your path to achieving it. In this guide, we'll tell you the details and requirements to fulfill your American dreams.

What is Status Adjustment?
Adjustment of Status is a process that allows certain individuals already in the USA to apply for lawful permanent resident status without leaving the country. It is also known as applying for a Green Card. Below are the steps you must follow:

Who is eligible?
Not everyone is eligible to apply for Adjustment of Status. The main eligible groups are:

  • Holders of work visas.
  • Student visa holders.
  • People with Temporary Protected Status (TPS).
  • Asylum seekers and refugees.
  • Certain family members of U.S. citizens or permanent residents.

Here's what I'll tell you.

  • Verify that you are eligible for an Adjustment of Status process.
  • Submit an application.
  • Check visa availability.
  • Gather and present the necessary evidence.
  • Please attend your appointment at the Application Support Center.
  • Track your progress.
  • Wait for the response regarding your case.

Basic requirements
To be successful in your Adjustment of Status application, make sure you meet these requirements:

  • Maintain a valid and current immigration status in the United States.
  • Do not be in an illegal situation.
  • You have not committed serious crimes or serious immigration violations.
  • Have a sponsor (in certain cases) or an approved petition.

Process and Times
Patience is key in Adjusting Status. The process can take months or even years. But don't worry, during the process, you can work and live legally in the United States! 🕰️

Benefits of Status Adjustment

  • Living and working in the United States legally.
  • Access to social services and education.
  • Possibility of applying for citizenship after meeting the requirements.
  • Travel outside the United States without losing status (with travel authorization).

Final Recommendations
Before embarking on the process, consult with an immigration attorney to ensure you meet all the requirements and submit a strong application. Don't let obstacles stop you—pursue your American dreams!

We hope this guide has provided you with helpful information about Adjustment of Status in the United States. If you know someone who might benefit from this content, please share it!

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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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US states with anti-immigrant policies

During the last year, immigration policies have become stricter in order to control irregular migration, a situation that has led Texas, North Carolina and Florida to propose anti-immigrant laws.

Texas: HB20 Law
The new plan hopes to punish each undocumented crossing into Texas with fines of $10,000.
This law seeks to create a controversial border protection unit. It would allow civilians to join a group led by a chief appointed by the governor to "hunt" immigrants for deportation purposes.

North Carolina, HB10
In North Carolina, they are seeking to have agents and officials actively cooperate with Immigration and Customs Enforcement (ICE).
According to Stefania Arteaga, an activist with Carolina Migrant, in counties like Mecklenburg, an initiative similar to HB-10 called 287(g), which operated between 2006 and 2018, resulted in 15,000 people being placed in deportation proceedings. Two out of every three of those people had been arrested for minor offenses, such as traffic violations.

Florida, Law SB1718

Florida Governor Ron DeSantis signed SB1718 on May 10, 2023, the strictest law against illegal immigration, which includes:
Mandatory use of the E-Verify system by employers to verify the work authorization of employees.
Prohibition of the use of driver's licenses from other states by undocumented people.
Severe penalties for transporting undocumented immigrants to Florida.
Requirement for hospitals to collect information on patients' immigration status during registration.

Learn about the organizations that provide resources and support to migrants:
Several national organizations provide valuable resources and support to immigrants in the USA. Here are some examples:

  1. The National Immigration Law Center (NILC) is a leading organization advocating for the rights of low-income immigrants. The NILC website offers a variety of resources, including guides on immigration law, immigrant rights, and access to healthcare and education.
  2. The ACLU's Immigrants' Rights Project protects immigrants' rights, challenges discriminatory policies, and provides legal support.
  3. United We Dream is the largest immigrant youth-led organization in the country. They advocate for the rights and dignity of immigrant communities, with a focus on immigrant youth.
  4. The National Network for Immigrant and Refugee Rights (NNIRR) is a network of organizations and advocates committed to advancing the rights of immigrants and refugees. They work to challenge unjust immigration policies, promote immigrant rights, and support community initiatives.

Sources: Telemundo, Univision, Enlace Latino NC and La Noticia.

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New proposal for immigration reform in the United States to allow migrants to obtain citizenship

With an uncontrollable migration situation and thousands of migrants stranded in Mexico, Representative Maria Elvira Salazar will present a bill in Congress this Tuesday that addresses the most complex issues that have kept the two main political parties (Republicans and Democrats) apart on immigration reform.

According to Salazar, this is the first bipartisan immigration bill introduced in Congress in the last 10 years, which contemplates creating a legal path to citizenship for the estimated 12 million undocumented immigrants already in the country, while allocating billions of dollars to increase border security, an effort that would be paid for by the immigrants themselves.

The idea behind this bill is that it would be fully paid for by immigrants already in the U.S., with the exception of those who have committed a crime. The program would grant immigrants authorization to work and live for seven years under a program called "Dignity Status," which would cost $1,400. After those seven years, immigrants would qualify for "Redemption Status," which would lead to citizenship at a cost of another $1,400.

The bill contemplates acquiring state-of-the-art technology to better monitor the border, building an impenetrable border infrastructure system, which would include improved physical barriers, and hiring more border patrol agents.

Furthermore, this project would also modify current asylum regulations by creating five “humanitarian campuses” for those awaiting immigration status. The construction of these centers would end the catch-and-release practice, in which undocumented immigrants are released while their cases are being processed.

It should be clarified that the facilities would prevent the separation of family members and immigrants would have a resolution of their cases within 60 days, after which applicants would know if asylum has been approved, denied or is pending, in which case they would be allowed to be free while wearing an ankle monitor.

With this new immigration reform proposal, it is hoped that a bipartisan agreement can be reached that will contribute to offering real and dignified solutions to the immigration situation in the United States.

Source: The New Herald and Dallas News.

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Florida's toughest law against undocumented immigrants is enacted

Governor Ron DeSantis, of the Republican party, declares a new law against illegal immigration in Florida, which states that:

  • It requires companies with at least 25 employees to verify the immigration status of the workers in a federal database called E-Verify, and creates penalties for employers who knowingly employ "unauthorized aliens".
  • It requires some hospitals to request information about immigration status of patients in admission records.
  • It will not be possible transporting people without status. It will be a crime that can result in up to 5 years in prison or a fine of $5,000 per person.
  • Some driver's licenses and identifications issued by other states to undocumented immigrants They will not be valid in Florida

When does it come into effect?
This new regulation, which will take effect in July, will serve to address the growing threat of irregular migration, a result, according to the governor, of the Biden administration's failure to secure the borders.

Sources: CNN, NBC News

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Even without Title 42, the United States will continue deporting under Title 8

This May 11th, Title 42 will be repealed in the United States, a public health policy that allowed for the expedited expulsion of undocumented immigrants due to Covid-19.

Despite the end of Title 42, immigrants will continue to be deported under Title 8. According to this law, migrants will face more severe consequences for crossing the border illegally. People who cross the border without first requesting asylum will be expelled from the U.S.

Among the measures taken by the US is the installation of barbed wire fences in various parts of the border before Title 42 expires. In addition, Greg Abbott, Governor of Texas, ordered the deployment of more than 500 National Guard troops along the southern border of the state. He called the operation a "border tactical force" and intends to use it to curb illegal immigration.

According to the Department of Homeland Security, the number of deportees during the first half of fiscal year 2023 returned “225,480 people, up from 170,896 during the same period of the previous year,” and expelled “more than 440,000 people under Title 42 during the same period.”.

In the need to control a mass exodus, the USA stated that it will create special centers and offices in countries like Colombia and Guatemala, in order to contribute to the processes of family reunification and migration to the North American country in an orderly and legal manner.

The tension surrounding the new implementation of Title 8 has both the United States and Mexico in a state of uncertainty that can only be resolved on May 11 when Title 42 expires.

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38 migrants died in a fire at a detention center in Mexico

The tragic fire at the National Migration Institute (INM) facility on the border in El Paso, Texas, has claimed the lives of 38 migrants and left 28 injured. The INM is one of the main crossing points for migrants seeking to enter the United States.

According to José María Ramos, a researcher at El Colegio de la Frontera Norte, nearly 800,000 migrants have been detained by U.S. authorities so far this fiscal year, of which at least 60% pass through Ciudad Juárez, which has become the main crossing point for irregular migration between the two countries in the last five months.

Experts and activists say the intense influx of migrants has overwhelmed shelters and official immigration facilities in Ciudad Juárez, where nearly 12,000 migrants have been given refuge.

A similar situation is occurring in New York City, where some 44,000 migrants have been received, which is why it has been proposed to send these people to Canada.
According to Mexican civil society organizations, 2022 was the deadliest year on record for migrants in Mexico, with approximately 900 deaths while attempting to cross into the United States. The region is experiencing an unprecedented migration flow, with 2.76 million undocumented immigrants apprehended at the U.S.-Mexico border in fiscal year 2022.

Following these tragic events, we must await the information that the investigations will provide. It is crucial to acknowledge that the Mexican government was responsible for the safety of these migrants and should have had an emergency protocol in place to save their lives. This incident serves as a stark reminder of the urgent need for more comprehensive solutions to address the challenges faced by migrants seeking to enter the United States.

Sources: Telemundo, CNN en español

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From American citizen to undocumented immigrant in the United States

Life changed for Raúl Rodríguez in 2018 when federal investigators showed him a Mexican birth certificate bearing his name. It was then that Rodríguez realized the U.S. birth certificate he had used for decades was fraudulent. He was not a U.S. citizen. He was an undocumented immigrant.

According to his estimates, he helped deport thousands of people while working for CBP and, before that, for the Immigration and Naturalization Service. Suddenly, he found himself at the opposite end of the spectrum, fighting for the chance to stay in the U.S. * U.S. Customs and Border Protection (CBP)

After placing him on leave during the investigation, Rodriguez says CBP fired him in 2019 because he was not a U.S. citizen and therefore no longer met the requirements to work as an agent.

But now, almost five years later, Rodriguez, 54, says he realizes he also gained something amazing after that moment when he learned he was not a U.S. citizen.

Rodríguez states that the day he received that visit, he questioned who he really was and why his father had not told him about the truth of his birth certificate.

Rodriguez is not entirely clear on how, after years of federal background checks, his Mexican birth certificate never turned up. It only came to light when Rodriguez applied for a visa for his brother.

The judge had said she planned to rule in his favor and grant him cancellation of deportation, a key step that would allow Rodríguez to become a legal resident of the United States. But there was still a catch: the law only allows 4,000 such cases to be approved each year, so, once again, Rodríguez would have to wait.

It could be years before he has a document stating that he is legally in the country, and years after that before he can become a U.S. citizen. Every day, Rodríguez checks the immigration court website for more information. And every day he sees the same word that describes his case: “pending.”.

Source: CNN en español, by Catherine E. Shoichet

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40 tunnels discovered between the United States and Mexico

While President Trump was building more than 482 km of his border wall, between 2017 and 2021, Customs and Border Protection discovered almost a new tunnel per month; within these tunnels, the longest ever discovered was found, which was about 731 meters long.

The construction of the border wall, which cost $1.4 billion, has not served its intended purpose, as it has not prevented smugglers from building 40 tunnels under the border or using ladders or power tools to cross it.

It is unknown how many migrants or drug traffickers managed to cross these tunnels. What is known is that the longest one, discovered in 2016, was equipped with rails, ventilation systems, lights, and even a sophisticated elevator, according to a summary of a 2016 press release from the U.S. Attorney's Office for the Southern District of California.

This is how former President Trump described the wall in response to warnings about the potential for tunnels. According to the Science and Technology Directorate of the U.S. Department of Homeland Security, it has been concluded so far that no current technology is adequate for detecting tunnels under the border.

Federal authorities have detected more than 75 cross-border smuggling tunnels since 2011, most of them in California and Arizona. It is important to note that the border wall is breached nearly 11 times a day; the number of breaches reached 4,101 in 2022, the highest number recorded during that period, according to a summary of a statement from the U.S. Attorney's Office for the Southern District of California. 

Source: Cato, Justice.gov, El Mundo