ICMC - The Legal Process of Seeking Asylum: A Step-by-Step Guide

Seeking asylum in the United States is a complex and often daunting process, but it is a crucial right for individuals fleeing persecution. This article provides a comprehensive, step-by-step guide on how to seek asylum in the U.S., explaining what asylum is, why it is important, and outlining the legal procedures involved.

What Does It Mean to Seek Asylum?

Asylum is a form of protection granted to individuals who have suffered persecution or fear persecution in the country where they live, due to race, religion, nationality, membership in a particular social group, or political opinion. The right to seek asylum is protected under both U.S. law and international law. It is a crucial right because it provides safety and security to those who would otherwise face serious harm in their home countries.

Why Asylum Is a Crucial Right

The right to seek asylum is enshrined in the 1951 Refugee Convention and its 1967 Protocol, which the United States has ratified. This right ensures that individuals are not returned to countries where they face threats to their life or freedom. It upholds the principle of non-refoulement, a cornerstone of international refugee law, which prohibits the return of asylum seekers to a country where they are likely to face persecution.

The Legal Process of Seeking Asylum in the United States

Step 1: Arrival at a U.S. Port of Entry

Immigrants seeking asylum at a port of entry in the U.S. must express their intention to apply for asylum to a U.S. Customs and Border Protection (CBP) officer. This can be done at any legal entry point, including airports, seaports, or land borders.

Step 2: Credible Fear Interview

Upon expressing the desire to seek asylum, the individual undergoes a credible fear interview conducted by a U.S. Citizenship and Immigration Services (USCIS) asylum officer. The purpose of this interview is to determine if there is a significant possibility that the individual could establish eligibility for asylum.

Step 3: Filing the Asylum Application

If the credible fear interview is successful, the next step is to file Form I-589, Application for Asylum and for Withholding of Removal, with USCIS. This must be done within one year of arrival in the United States unless there are extraordinary circumstances.

Step 4: The Affirmative Asylum Process

Initial Review: The application is first reviewed by USCIS.
Interview Notice: The asylum seeker will receive a notice to attend an interview at a local asylum office.
Asylum Interview: During the interview, an asylum officer will ask detailed questions about the applicant's experiences and reasons for seeking asylum.
Decision: After the interview, USCIS will issue a decision. If asylum is granted, the applicant becomes an asylee and can eventually apply for lawful permanent residence and citizenship.

For more information, see the affirmative asylum process.

Step 5: Defensive Asylum Process

If an individual is already in removal proceedings, they must apply for asylum defensively:

Removal Proceedings: This occurs if an individual is caught entering the U.S. without proper documentation or has overstayed their visa.
Immigration Court: The application is filed with an immigration judge who will hear the case.
Legal Representation: It is crucial for asylum seekers to have legal representation during this process to provide the best chance for asylum being approved.
Hearing and Decision: The judge will hear the case and make a decision. If asylum is granted, the applicant receives the same protections and benefits as in the affirmative process.

Step 6: Post-Decision Options

Appeals: If asylum is denied, the individual can appeal to the Board of Immigration Appeals (BIA) and, if necessary, to the federal courts.
Asylee Status: If granted asylum, individuals can apply for lawful permanent resident status (a green card) one year after being granted asylum. Eventually, they can apply for U.S. citizenship.

Asylum applications in the United States have seen significant increases over the years. According to the USCIS, there were over 1 million affirmative asylum applications backlogged in fiscal year 2023. The United States grants asylum to thousands of individuals each year, reflecting its commitment to protecting those fleeing persecution.

Seeking asylum in the United States is a critical right and a complex process. By understanding the steps involved and the importance of legal representation, individuals can better navigate the system.

For those who are seeking asylum in the U.S., it is essential to be aware of the laws, processes, and necessary steps to ensure a successful application. Immigrants seeking asylum must remain informed and prepared, as the journey to safety and security requires persistence and knowledge.

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The Legal Process of Seeking Asylum: A Step-by-Step Guide