The number of asylum applications approved in the United States varies depending on the administration. However, on average, more than 30,000 asylum cases are approved each year, although the annual cap has reached approximately 90,000. This may seem like a large number, but hundreds of thousands of people apply for asylum each year. Many asylum seekers have valid reasons to fear returning home. However, only a small percentage will qualify as asylum seekers, as the law defines the term strictly and requires strong evidence before approving a petition.
If your life or that of a loved one is at risk upon returning to your home country, you will want to ensure you have representation from competent immigration attorneys. At Eijo Law Services, our asylum attorney effectively handles affirmative asylum applications and will do the same for you. Contact us today at 1 (804) 292-9690 to schedule a one-hour consultation.
Understanding the Asylum Process in the United States
The asylum process in the United States offers protection to individuals who have fled their home country and cannot return due to fear of persecution.
To qualify for asylum, a person must be a refugee and be physically present in the United States at the time of applying for protection. Section 101(a)(42) of the Immigration and Nationality Act (INA) defines a refugee as someone who cannot return to their home country due to persecution or a well-founded fear of persecution based on:
Race
Religion
Nationality
Membership in a particular social group
Political Opinion
Persecution is often physical, but it can also be emotional or psychological.
There are two ways to apply for asylum in the United States.
If you are in the United States and are not in removal (deportation) proceedings, you may proactively apply for affirmative asylum.
If removal proceedings have already been initiated against you in immigration court, you may apply for defensive asylum. You may apply for affirmative asylum regardless of your immigration status in the United States: whether you have another temporary visa, such as a student visa, if your status has expired, or if you entered the United States without inspection.
The asylum process is a pathway to permanent residency. You may apply for a green card one year after being granted asylum.
How to Apply for Affirmative Asylum
To apply for affirmative asylum, you must be physically present in the United States or at a port of entry. You may remain in the United States while your application is being processed.
Form I-589
To begin an affirmative asylum application, you must complete and submit Form I-589, Application for Asylum and for Withholding of Removal, to U.S. Citizenship and Immigration Services (USCIS).
This must be done within one year of your arrival in the United States. There are limited exceptions to this deadline, such as when your circumstances have changed and affect your eligibility for asylum or when extraordinary circumstances caused the delay.
Biometrics Appointment
In addition to the receipt notice for your application, USCIS will also send you a notice for a biometrics appointment. You must attend an Application Support Center on the scheduled date to have your fingerprints taken.
Asylum Interview
After providing your fingerprints, you will receive notice of your interview with USCIS at one of its offices. You may attend the interview with an attorney or accredited representative, an interpreter, and your spouse and children (if they are applying for derivative asylum).
According to the INA, the asylum interview should take place within 45 days after the application is filed.
USCIS Decision
A USCIS officer will decide whether your asylum application is legitimate. Under the INA, an affirmative asylum application should be decided within 180 days of filing, unless there are exceptional circumstances. However, it is common for decisions to take longer.
Immigration Court
If it is unclear whether your asylum application is valid, USCIS will refer your case to an immigration court for a decision. In this situation, you become a defensive asylum applicant.
Challenges of Affirmative Asylum
The affirmative asylum process is complex. Below are some common challenges applicants face:
Nature of the immigration legal system
Immigration laws change constantly, especially following changes in government. Recently, significant and rapid changes were implemented in the asylum application process in response to the COVID-19 pandemic.
Severe penalties for fraud
It is essential that you complete your asylum application truthfully. If you submit a fraudulent application or lie about a material fact, the court may determine that you filed a “frivolous” application. This can result in a lifetime ban from receiving any immigration benefits in the United States.
Length of the process
Despite INA deadlines, the volume of applications and the COVID-19 pandemic have created a large backlog of affirmative asylum cases and long wait times for decisions.
Proving date of entry
If you entered the United States without inspection (for example, by crossing the border illegally), it may be difficult to prove your date of entry and show that you are applying within the one-year deadline.
Risk of deportation
If an immigration court denies your asylum application and you do not have another valid visa, the court may order your removal from the United States. These orders typically prevent you from returning for several years and may result in being sent back to the country you fled.
An immigration attorney specializing in asylum can help you with your affirmative asylum application and navigate these potential challenges.
Contact an Asylum Immigration Attorney in Virginia Today
Asylum is the protection you deserve if you have experienced persecution or have a well-founded fear of facing it upon returning to your home country. Our Virginia-based immigration attorney can help ensure you do everything possible to obtain this protection. Contact Eijo Law Services today by completing the online form or calling +1 (804) 292-9690 to schedule a one-hour consultation.