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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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Creation of a new card to identify immigrants

Immigration and Customs Enforcement (ICE) confirmed the development of an electronic card that will allow the identification of immigrants.

So far, there's talk of a pilot program that the Joe Biden administration will launch to develop a new identification card for migrants. This card would serve as a unique and secure document that compiles case-related information, allowing access to immigration records. It would be modern, consistent, and verifiable for immigrants. It's also projected that it will eventually be accepted by the Transportation Security Administration for travel.

The card known as the "Secure File Card" or ICE Secure Docket Card (SDC) will allow for the identification of migrants and serve as a one-stop shop for accessing immigration files, as well as facilitating accountability in the immigration process. This is an opportune time to consider this option given the large number of migrants arriving at the U.S. southern border.

This card would contain the person's information and a QR code that would link to a portal where relevant information about the holder could be accessed. On this website, individuals could also update their information and communicate with federal authorities while going through the immigration process. Currently, it is comparable to a personal identification card, containing a photo, name, and nationality, according to authorities.

The identification cards would be given to migrants who are not in detention centers, who illegally cross the U.S.-Mexico border, those enrolled in Alternatives to Detention (ATD), or others without legal status who are going through lengthy immigration or deportation court proceedings.

ICE is monitoring more than 300,000 migrants in ATD, which may include GPS ankle monitors, phones, or an app known as SmartLINK.

Finally, this initiative is part of the Biden administration's effort to streamline immigration processes, which have often led to confusion among immigrants going through the process, and it is slated to be piloted by the end of the year. The card would serve as an identification system, allowing immigrants easier access to housing, healthcare, and other benefits, according to Axios. However, it is not valid as a voter registration card, as only U.S. citizens can vote.

News report based on information from: AXIOS and CNN.

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The number of Colombians detained in the United States reaches a record high

According to statistics, 19,040 people were arrested in May. That's 251 more than the previous month.

The arrest of Colombians trying to enter the United States through the southern border with Mexico has once again reached a record high and is now at its peak.

Last week, Customs and Border Protection (CBP) released figures for the month of May, documenting the arrest of at least 19,040 Colombians who surrendered to seek asylum or were apprehended while attempting to cross illegally.

Since these types of measurements have been tracked, this is the highest figure recorded. The previous record of this magnitude was in March, when 15,374 cases were documented, representing a 251% increase in arrests compared to the previous month.

Furthermore, 10,450 people were arrested during fiscal year 2021. In other words, in May 2022 alone, there were almost twice as many arrests of Colombian migrants as in the entire previous year.

Also, according to CBP statistics, Colombians rank fifth among countries with the highest irregular migration to the United States. The arrest table is as follows: first, Mexicans with 76,887; second, Cubans with 25,348; followed by Guatemalans with 21,382; and fourth, Hondurans with 19,490.

The causes of this massive migration are not specifically known, but it is estimated that it has occurred due to economic reasons left by the Covid-19 pandemic, or to supposed improvements in US migration policies, including the termination of Title 42.

Finally, in March of this year, and faced with the large number of migrants arriving in American territory, Washington signed an agreement with Colombia for the country to receive its nationals expelled through Title 42.

Since then, the U.S. has conducted more than 55 flights to expel approximately 5,000 Colombians.

News report based on information from: El Tiempo and El País.

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Immigrants in the USA will be key to addressing the labor shortage in 2030

It is estimated that there are two million fewer immigrants in the United States than there would have been if the rate of arrival had remained the same as in previous years; a situation that affects the scarcity of certain products and impacts certain sectors. 

The labor shortage in the United States reached a record 11.5 million job openings in March and is projected to reach 80 million by 2030, according to a report released by the American Immigration Council. The study also estimates that these job openings will be due to retirements, career changes, and people leaving the workforce.

Currently, the sectors most affected by the labor shortage are agriculture, construction, restaurants, and healthcare, among others. This has led them to take measures such as changes in food production and harvesting, increased restaurant prices, higher housing prices, and delays in delivery.

Additionally, the country is grappling with its highest inflation levels since the 1980s, and last year saw the highest job vacancy rate in the country in the past three years. The labor market is one of the factors contributing to the United States' highest inflation; other contributing factors include supply chain disruptions caused by the coronavirus pandemic and rising fuel and commodity prices since Russia's invasion of Ukraine.

Finally, the occupations with the greatest growth between 2019 and 2021 were those with the highest proportions of immigrant personnel.

It is important to highlight the significance of immigrants in the many sectors of a country where they make their professional contributions, such as healthcare, technology, mathematics, cleaning and building maintenance, and so on. Immigrants are part of the driving force that moves and transforms a country. 

This news report was compiled using information from: Telemundo, El Periódico USA, and Nuevo Herald.

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United States reveals the results of the 2023 Visa Lottery

On Saturday, the participants selected for the second stage of the 2023 visa lottery were announced. This lottery awards 55,000 green cards to immigrants who want to reside legally in the United States. 

The selection of lottery winners is carried out “by a random system based on the visa allocations available in each region and country, from all registered applications,” the State Department (DOS) said.

To check the status of your application, you must do so through the Diversity Visa (DV) lottery website, which will be updated to inform all participants whether their online registration was selected or not. To check the status, you need to enter the confirmation number you received when you completed your registration form; without it, you will not be able to check. 

Furthermore, the DOS states that it “will not send notification letters or notify those selected via email.” And that U.S. embassies and consulates “will not provide a list of those selected.”. 

Following this initial screening, participants who remain in the competition for the visa will be asked to provide additional information beyond what was submitted in their application, such as documents to verify their identity and resume. They will also be required to attend an appointment at a U.S. consulate.        

The State Department distributes visas among six geographic regions, and no country can receive more than 71 TP3T visas of the available DV visas in any given year. This year, eligible countries include: Antigua and Barbuda, Argentina, Barbados, Bolivia, Chile, Costa Rica, Dominica, Ecuador, Panama, Paraguay, Peru, Saint Vincent and the Grenadines, Suriname, Trinidad and Tobago, and Uruguay. Other countries that had the opportunity to participate included: Egypt, Algeria, Uzbekistan, Iran, Ukraine, Nepal, Afghanistan, Congo, and others. 

On the other hand, there are the countries with more than 50,000 citizens who emigrated to the U.S. in the last five years and cannot apply; some of them are: Bangladesh, Brazil, China, Hong Kong, Colombia, El Salvador, Haiti, Honduras, Mexico, Pakistan, South Korea, Venezuela, and Vietnam.

Finally, the State Department announced the randomly selected individuals, who will have until September 30th of this year to find out if they were selected or not.

News report based on information from: Univision and Telemundo.

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Immigrants with expired permits will be able to continue working

Most immigrants whose employment authorization has expired or will expire in the coming months will be able to continue working while the government processes their renewals. 

The new policy from U.S. Citizenship and Immigration Services (USCIS) was adopted in response to the massive backlog the agency is facing, which in April exceeded 9 million benefit applications. Some of the beneficiaries would be Temporary Protected Status (TPS) holders and asylum seekers, among others. 

«The Temporary Final Rule (TFR) increases the automatic extension period for Employment Authorization Documents (EADs), available to certain EAD renewal applicants, to up to 540 days,» the agency said in a statement. The TFR, which applies only to EAD categories currently eligible for an automatic extension of up to 180 days, will temporarily provide up to an additional 360 days of automatic extension (for a total of up to 540 days) to eligible applicants with a pending Form I-765 renewal application filed on time during the 18-month period following the publication of the TFR while USCIS works with backlogs that increased during the COVID-19 pandemic.

The increase will take effect immediately on May 4, 2022, and will help prevent employment gaps for non-citizens with pending EAD renewal applications. This will stabilize business continuity for U.S. employers, according to USCIS. 

It is estimated that up to 420,000 immigrants who renew their work permits will be protected against losing their ability to work for the duration of the policy.

The government said the policy change allows eligible immigrants to work with expired documents for up to 540 days, instead of 180. That means even the tens of thousands of people who have passed their 180-day window have up to another year of work authorization.

However, it makes clear that some immigrants eligible for work permits, including DACA recipients and some spouses of H-1B visa holders, will not benefit from the new policy because they were never eligible for the 180-day extension of their expired authorizations.

Finally, it provides temporary reassurance for workers and employers, as they can continue their work while renewing and awaiting a response to their application. 

This news report was compiled using information from USCIS and Univision. 

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Union for Ukraine: America's lifeline for Ukrainian refugees

The United States announced the Union for Ukraine program in April, a key step in fulfilling President Biden's commitment to welcome Ukrainians fleeing the Russian invasion. 

The program provides a pathway for displaced Ukrainian citizens and their immediate family members outside the United States to come to the country and remain for a two-year period of temporary parole. Ukrainians participating in Union for Ukraine must have a sponsor in the United States who agrees to provide them with financial support during their stay. They will also be eligible to apply for discretionary employment authorization from U.S. Citizenship and Immigration Services (USCIS).

Some eligibility requirements for program sponsors and beneficiaries include:

The first step in the process is for the sponsor, who resides in the United States, to file Form I-134, Affidavit of Support, with USCIS. The sponsor will be vetted by the U.S. government to ensure they can financially support the person they hope to sponsor.

Among the list of people who can be sponsors are the 

U.S. citizens and nationals, lawful permanent residents (including legal temporary residents and conditional permanent residents), and nonimmigrants in legal status, among others. Additionally, these individuals must be willing and able to receive, support, and provide for the beneficiary listed on Form I-134 for the duration of their stay. 

Furthermore, beneficiaries include immediate family members, the spouse or civil partner of a Ukrainian citizen, and their unmarried children under 21 years of age. Important: If a child is under 18, they must travel with a parent or legal guardian to use this process.

Similarly, Ukrainians can access this benefit if they meet certain conditions of the process, among which the following stand out: 

-They resided in Ukraine immediately before the Russian invasion (until February 11, 2022) and were displaced as a result of it.

-They are Ukrainian citizens and hold a valid Ukrainian passport (or are a child included in a passport of one of their parents).

-He has a sponsor who filed a Form I-134 on his behalf that USCIS has investigated and confirmed as appropriate.

-Passes biographical and biometric security checks. 

All these filters are in place to ensure that the sponsor can financially support Ukrainians and protect this population from exploitation and abuse.

However, not all Ukrainians can access this program. For example, Ukrainian citizens who were already present in the United States will not be considered for temporary stay (“parole”) under Union for Ukraine and must go through the Temporary Protected Status process. Also, minors traveling without a parent or legal guardian are not eligible for temporary stay. 

Following this, and after processing all the documentation requested by USCIS, which can be found on their website, the application and supporting evidence will be reviewed to ensure that the sponsor has sufficient financial resources to sponsor the Ukrainian beneficiary. In addition, background checks on the sponsor will be conducted. 

Finally, it will be determined whether Form I-134 is appropriate, and additional evidence may be requested to make that determination. Approval or denial of the application, as well as any additional information that may be requested, will be communicated via email by USCIS.

News report based on information from: US Citizenship and Immigration Services (USCIS)

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The United States registers a record in the crossing of immigrants

US border authorities detained more than 210,000 migrants attempting to cross the border with Mexico in March, the highest monthly total in two decades and underscoring the challenges ahead for US President Joe Biden.
Biden, a Democrat who took office in January 2021, pledged to reverse many of the immigration policies of his Republican predecessor, former President Donald Trump, but has struggled both operationally and politically with the high number of crossing attempts.
The total for March represents a 241,000 increase compared to the same month last year, when 169,000 migrants were apprehended at the border. This also marks the third time the number of migrants apprehended has exceeded 200,000 during his administration. These figures could be a prelude to what lies ahead with the expiration of Title 42 on May 23. It's important to remember that the termination of this Title, which allows for the mass expulsion of hundreds of migrants to prevent the spread of COVID-19, is based on the recommendation of health officials.
Similarly, according to the data presented, 221,303 immigrants were processed last month, surpassing the previous peak under the Biden administration in July 2021, when US officials recorded 213,593 encounters with migrants.
On the other hand, although more than half of the migrants encountered at the U.S.-Mexico border in recent months come from traditional countries of origin—Mexico, Guatemala, Honduras, and El Salvador—increasing numbers of migrants are arriving from distant places like Ukraine and Russia. U.S. authorities are preparing for up to 18,000 encounters with migrants per day in the coming weeks.
Finally, the more than 210,000 migrants detained in March, a figure made public in a court filing Friday night, is the highest monthly total recorded since February 2000, according to statistics from U.S. Customs and Border Protection (CBP).
Note compiled with information from: LaRazon.es and UNIVISION

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11 people were charged with organizing sham marriages in the US

Eleven people who resided in California were charged for their connection to the management of a large-scale marriage fraud "agency" that allegedly arranged hundreds of sham marriages to adjust immigration status, the Justice Department reported. 

The indictment states that these individuals operated an “agency” that arranged hundreds of sham marriages between foreign “clients” and U.S. citizens. As part of the scheme, U.S. citizens were recruited to marry the agency’s clients in exchange for an upfront fee and monthly payments until after the marriage, to keep the U.S. citizens receptive and cooperative until the agency’s client obtained legal status.                

The agency allegedly prepared and submitted false petitions, applications, and other documents to corroborate fraudulent marriages and secure adjustment of clients' immigration statuses for a fee of between $20,000 and $30,000 in cash.

One of those captured was Marcialito Biol Benítez, alias “Mars”, who along with his accomplices helped some clients, generally those whose spouses did not respond or cooperate, to obtain residency cards under the Violence Against Women Act (VAWA) by claiming that the undocumented clients had been abused by alleged American spouses. 

“Marriage fraud is a serious crime that threatens the integrity of our nation’s legal immigration system,” said U.S. Attorney Rachael S. Rollins. “These defendants” alleged exploitation of this system for profit is an affront to our nation’s tradition of welcoming immigrants and prospective citizens. Their alleged fraudulent behavior makes things difficult for the vast majority of immigrants who follow the law and respect our immigration system. Beyond that, by allegedly filing false applications claiming domestic abuse, these defendants caused further harm, this time to real victims and survivors of domestic violence.”.

The charges allege that the defendants arranged fraudulent marriages and submitted false immigration documents for at least 400 clients between October 2016 and March 2022. The charge of conspiracy to commit marriage fraud carries a sentence of up to five years in prison, three years of supervised release, and a fine of $250,000.     

Joseph R. Bonavolonta, special agent in charge of the Federal Bureau of Investigation (FBI) in Boston, said: “We believe that their alleged scheme violated current immigration laws that serve to protect public safety and created a disadvantage for those seeking to obtain their citizenship legally.”.

Among the eleven defendants, six were of Filipino nationality, resided in the state of California, and one was Brazilian.

Information taken from: El Tiempo Latino, Department of Justice and United States Attorney's Office.

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Latinos in Wisconsin stage strike against immigration reform

Thousands of people marched on Monday, October 11, Columbus Day in the United States. The march began on the south side of Milwaukee and proceeded to the Federal Courthouse as part of the statewide "Day Without Latinos and Immigrants" strike.

People like Ramiro Castillo, a Latino immigrant who joined the strike against immigration reform, understand what it's like to live in the shadows, arriving in the United States from Mexico at 18 and starting to work for little money, receiving a paycheck for $500 after working 80 hours a week, that is, approximately 11 to 12 hours a day.  

Ramiro, now the owner of a business called Castillo Landscaping, decided to close on the day of the march to support his community in demanding immigration reform. 

The strike was organized after a U.S. Senate member gave his opinion on the reform, stating that immigration-related reforms could not be included in the Build Back Better reconciliation budget bill awaiting Congress. 

«We demonstrated great power by participating in a day without Latinos,» Castillo said in Spanish. The mobilization culminated in a rally at the Federal Courthouse, where teachers, farmworkers, and allies spoke about their experiences as immigrants in the country. 

More mobilizations are planned in other states leading up to the October 31 deadline when Democrats will vote on the bill.