Advantages and Disadvantages of Political Asylum in the United States.

 

Advantages:

 

– Protection from persecution: Asylum provides immigrants with the legal certainty they need to avoid removal to their home countries, where they may face persecution or serious danger.

– Permission to stay and work in the U.S.: Once the immigrant begins their asylum process, they may be able to obtain a work permit that will allow them to work legally in the country and ensure a better quality of life.

– Access to benefits: Asylum seekers may be eligible for certain federal benefits, such as medical assistance and education programs.

– Ability to become a permanent resident: After some time, asylees may be eligible to apply for permanent residency in the United States and eventually citizenship.

Disadvantages:

 

– Lengthy and rigorous process: Applying for asylum can be a rigorous process that requires detailed and compelling evidence of the risks to the individual in his or her home country.

– Uncertain outcome: There is no guarantee that an asylum application will be approved; it depends on the approval of the immigration officer at their interview.

– Family separation: Asylum seekers must remain in the country during their case and are then barred from returning to their home country because of their status, which can keep them away from their families.

Types of asylum in the U.S.

There are two main types of asylum in the United States:

 

– Affirmative asylum: This is applied within the country, within the first year of arrival. Individuals who are eligible for affirmative asylum are those who entered the country legally and are not facing any form of deportation proceedings.

– Defensive asylum: This is applied during removal proceedings and applies to individuals who are facing some form of removal proceedings.

Requirements for Political Asylum in the United States

To qualify for political asylum in the United States, an immigrant must demonstrate that he or she meets the following requirements:

 

– A well-founded fear of persecution: Must demonstrate a well-founded fear of persecution on account of race, religion, nationality, political opinion, or membership in a particular social group.

– Past or future persecution: Persecution may have occurred in the past, or there may be a well-founded fear that it will occur in the future if the immigrant returns to his or her home country.

– Physical presence in the U.S.: Must be physically present in the U.S. at the time of the asylum application.

Requirements for Humanitarian Asylum in the United States

Humanitarian asylum, also known as withholding of removal, is a form of protection available to immigrants who do not qualify for political asylum but still face a real risk of torture or extreme violence in their home country.

What evidence is required for asylum?

To support an asylum claim, immigrants must provide evidence that they have a well-founded fear of persecution. This evidence may include:

 

1. Documents proving their identity and nationality.
2. Evidence of past persecution, such as police reports, medical records, or threatening letters.
3. Testimony from witnesses who can corroborate their story.
4. Proof of their membership in a particular social group that has been persecuted.
5. Evidence that the government of their home country is unable or unwilling to protect them.

Step-by-step guide to applying for political asylum in the United States for Hispanic immigrants:

 

It is crucial to remember that this process is complex, so it is highly recommended to seek the legal assistance of an immigration attorney experienced in asylum cases.

 

1. Gather evidence:

– Gather as much evidence as possible to support your claim of persecution, such as documents, photographs, witness accounts, and affidavits.

– Evidence may include documents proving your identity and nationality, evidence of past persecution, witness testimony, and evidence of membership in a persecuted social group.

 

2. Apply:

– Complete Form I-589, Application for Asylum and Withholding of Removal. Because the information provided on Form I-589 is critical to the filing of your case, we recommend that you rely on expert preparers. Fronteras Inmigración can guide you through the process so that you can confidently and safely take this important step!

– Pay the appropriate filing fee.

– Submit Form I-589 and filing fee to USCIS.

 

3. Credible Fear Interview:

– A USCIS asylum officer will interview you to assess your credible fear of persecution.

– Be prepared for the interview and practice your answers.

– Be honest and truthful in all your answers.

Note: Only defensive asylum cases require two additional steps, which you can see below. For affirmative asylum, the process ends with a credible fear interview.

 

4. Asylum Hearing:

– If it is determined that you have a credible fear of persecution, you will be scheduled for a hearing before an Immigration Judge.

– At the hearing, you will have the opportunity to present your case to the judge.

– You may be represented at the hearing by an immigration attorney.

 

5. Judge’s Decision:

 

– The Immigration Judge will hear arguments from both sides and then decide whether asylum should be granted.

– If you are granted asylum, you will receive a work permit and be allowed to stay in the United States.

– If you are denied asylum, you can appeal the decision to the Board of Immigration Appeals.

Resources and links that may be helpful to those seeking asylum:

 

– UNHCR – The United Nations Refugee Agency: 

https://www.acnur.org/

– U.S. Committee for Refugees, Asylum and Immigration (USCRI):   

https://refugees.org/

– Catholic Charities:

https://www.catholiccharitiesusa.org/about-us/find-a-local-agency/

– Las Americas Legal Defense and Educational Fund (LALDEF): 

https://laldef.org/

– The Lawyers for Human Rights: 

https://www.theadvocatesforhumanrights.org/Home

– Centro Legal para la Defensa de los Inmigrantes (CLYDE):

https://www.centrolegal.org/derechos-de-los-inmigrantes/