The United States has a long-standing tradition of providing safety to individuals fleeing violence and persecution. Seeking asylum is a legal right under both international and domestic U.S. law.
Asylum provides crucial protection for those escaping dangerous situations in their home countries, even if it means undertaking perilous journeys to find refuge.
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If granted asylum, you, your spouse, and your children can stay permanently in the U.S. However, obtaining asylum is a challenging process.
This article will guide you through what to expect when seeking asylum at the U.S. border.
What is Asylum?
Asylum is a form of protection offered to individuals who demonstrate that they are unable or unwilling to return to their home country due to persecution or a well-founded fear of torture. This persecution can be based on:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Sexuality
- Political opinion
Who is an Asylum Seeker?
An asylum seeker is someone who has fled their home in search of safety and protection in another country because they cannot obtain protection in their country of origin. Asylum seekers can be of any age, gender, socio-economic status, or nationality, though many come from regions afflicted by conflict, disaster, or weak rule of law.
In the U.S., a person granted asylum is known as an "asylee." They can legally remain in the country without fear of deportation, work, and travel abroad. Asylees can also apply for their spouse or children under 21 to join them and may eventually become permanent residents and citizens, provided they meet all other requirements.
What is the Asylum Application Process in the U.S.?
There are two primary ways to apply for asylum in the United States:
Affirmative Asylum
If you are not in removal proceedings (or if you are an unaccompanied child in removal proceedings), you may apply for asylum affirmatively through U.S. Citizenship and Immigration Services (USCIS), part of the Department of Homeland Security (DHS).
If USCIS does not grant your application and you lack lawful immigration status, your case will be referred to immigration court for removal proceedings. At this stage, you can renew your asylum request through the defensive process before an immigration judge.
Defensive Asylum
If you are in removal proceedings, you can apply for asylum defensively with an immigration judge at the Executive Office for Immigration Review (EOIR). Defensive asylum is used as a defense against removal from the U.S. Unlike criminal courts, EOIR does not provide appointed counsel for individuals in immigration court, even if they cannot afford an attorney.
How Long Does it Take to Claim Asylum in the U.S.?
Currently, there are over two million pending asylum cases in the U.S., leading to unprecedented waiting times of up to seven years. This backlog affects asylum seekers' ability to reunite with family members abroad, interferes with integration opportunities, and undermines the credibility of the U.S. asylum system.
Can Asylum Seekers Work in the U.S.?
Asylum applicants must apply for employment authorization and wait at least 180 days for a work permit. Asylum seekers often want to support themselves and their families rather than rely on humanitarian aid. Expedited work permits could benefit both asylum seekers and employers facing labor shortages. The current 180-day wait for employment authorization increases the risk of exploitation and other adverse situations for asylum seekers.
How Does Asylum Help People Fleeing Persecution?
Once granted asylum, you can apply for various immigration-related and government benefits to help you and your family adjust to life in the U.S. These benefits include:
- Social Security card
- Permission to travel overseas
- Petitioning for family members to join you in the U.S.
- Government programs such as Medicaid or Refugee Medical Assistance
After one year, you may apply for lawful permanent resident status (a green card). Once you become a permanent resident, you must wait four years before applying for U.S. citizenship.
Tips for a Successful Asylum Interview
Practice Thoroughly Know every detail of your asylum application and prepare for potential questions. Review your application and practice with an interpreter if needed.
Make Travel Arrangements Arrive on time for your interview. Visit the location ahead of time and ensure you have reliable travel arrangements.
Prepare Physically and Emotionally The interview can be both physically and emotionally exhausting. Get ample rest, eat well, and be ready to discuss potentially traumatic events.
Dress Appropriately Wear clean, neat clothing that allows you to show any physical signs of persecution if relevant to your application.
Correct Mistakes If you discover errors or inconsistencies in your application, address them at the start of the interview.
Be Honest, Detailed, and Consistent Provide truthful, detailed answers and ensure your story aligns with your application details.
Show Emotion if Needed It's okay to express emotion during your interview, as asylum officers understand the trauma asylum seekers have faced.
Common Asylum Interview Questions
- About You: Date of birth, nationality, criminal record, etc.
- About Your Story: When did you leave your home country? Why did you leave? Do you have family there? Have you been to other countries or applied for asylum elsewhere?
- About Your Asylum Application: What threats are you escaping? Who is making you feel unsafe? How did you gather evidence?
If you don’t know specific details like exact dates, provide the closest approximation and be honest. Stay calm, ask for breaks if needed, and answer each question as precisely as possible.
TIPS
- Even the simplest of questions seem overwhelming when asked repeatedly. Be prepared to be pushed just a bit.
- Conduct at least one to two practice interviews with your lawyer/caseworker to build your confidence.
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