Asylum Lawyer in USA
What is Asylum?
Asylum is when a person leaves the country in which he or she lives for serious reasons, such as persecution, inhuman treatment or the threat of death, and seeks protection in another country. Persons who apply for asylum are granted protection under international law if their application is accepted. They have the right to live their lives with the security provided by the country where they apply for asylum. Asylum is usually sought by individuals who are persecuted for reasons such as war, political repression, restriction of religious freedoms, ethnic discrimination or sexual orientation.
Under which circumstances can an asylum application be made?
To apply for asylum, a person must be at serious risk of persecution for at least one of the following reasons
- Political opinion: The person is threatened because of their political opinions or activities.
- Religion: The person is at risk of discrimination or violence because of their religious beliefs.
- Race and Ethnicity: Persecuted because of their race or ethnic origin.
- Sexual Orientation and Gender Identity: Experiencing violence or discrimination because of their sexual orientation or gender identity.
- Specific Social Groups: Threatened because of belonging to a particular social group, such as women’s rights defenders, journalists or human rights activists.
Differences between asylum and refuge
The difference between asylum and refuge relates to the place and circumstances of the application:
- Asylum is a request for protection made by a person physically present in the destination country.
- Refugee is someone who applies for protection from persecution while still in their country of origin, typically through the embassy or diplomatic representation of another country.
- In both cases, applicants are entitled to protection under international human rights law.
In both cases, applicants are entitled to protection under international human rights law.
Asylum Rights Under International Law
The right to asylum is guaranteed by several international agreements, most notably the Geneva Refugee Convention of 1951. According to this convention
- Persons at risk of persecution may seek protection in another country.
- Asylum seekers whose applications are accepted cannot be forcibly returned from their country of origin (principle of non-refoulement).
- Asylum seekers have access to basic human rights; they have rights in areas such as education, health and work.
How to Apply for Asylum?
The asylum application process is complex and requires careful attention. Applying for asylum in the US is usually done through the following steps:
1. Entry and Border Notification
Once an applicant has entered the United States, either legally or illegally, he or she can request asylum. This request can be made at the border crossing or after entering the country.
2. Filling out the Application Form
The applicant must complete Form I-589, which is required for the asylum application. In this form
- The allegations of persecution or threats must be described in detail.
- Supporting documents related to the application should be attached (e.g. police reports, threat letters).
3. Interview or Court Process
The applicant is called for an interview by the US Immigration and Naturalization Service (USCIS). If the application is made during deportation proceedings, a hearing will be held before the immigration court.
4. Decision
The decision on the applicant is based on the documents submitted and the interview process. If the application is accepted, the person receives the right to stay and work legally in the US.
Applying for Asylum in the USA
The US is one of the countries in the world that receives the highest number of asylum applications. What to consider if you want to apply for asylum in the US:
Who can apply for asylum in the USA?
- Individuals within the borders of the United States.
- People who must apply within the first year of entering the US.
Asylum Application Process in the US
- Completing the Application Form: Form I-589 is the basic step of the asylum application.
- Interview: USCIS conducts a comprehensive interview with the applicant.
- Decision: Once the application is accepted, the applicant can legally reside and work in the US.
Frequently Asked Questions
An asylum application can be made on the grounds of persecution, discrimination or any situation that poses a threat to life in the person's country.
The application process usually ranges from 6 months to several years.
If the application is rejected, the applicant can appeal or challenge the decision.
Documents proving persecution, identity documents, witness statements and medical reports are required.
Yes, the spouse and children of the asylum seeker can be included in the application.
You can apply for a work permit 150 days after applying for asylum.
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