Applying for Asylum – Affirmative Asylum and Defensive Asylum
Entering illegally could be when the person has entered the United States without authorization. For example, if you are applying for asylum at the southern border. There are circumstances often so unsafe and threatening that they leave no choice but to flee to another country to seek safety. In such situations, people may be applying for asylum with an illegal entry.
Asylum is a form of relief that allows people to stay in the United States when they are unable or unwilling to go back to their home country due to persecution or fear of persecution.
The US Immigration and Nationality Act says “any alien” can apply for asylum irrespective of their immigration status, provided they are physically present in the United States.
If you came to the U.S. illegally and wanted to apply for asylum, you might be questioning whether illegal entry makes you ineligible to apply for asylum. Is this a problem for you? How to navigate through the asylum process in such a situation?
This blog has addressed some concerns related to illegal entry and asylum.
Entering Illegally into the U.S. Doesn’t Prevent Applying for Asylum
If you seek asylum in the United States, you do not need to panic about being penalized for entering the country illegally. According to U.S. law, anyone who arrives in the country may apply for asylum, regardless of how they came.
However, if immigration authorities detain you after entering the United States illegally, it is crucial to seek legal assistance immediately. An experienced asylum attorney can help you navigate the complex process and give you the best prospect of success.
You may have been forced to use unauthorized methods to enter the U.S. and apply for asylum. Still, you’ll need your honesty from now on with the application process to obtain asylum successfully.
Steps after entering the U.S.
The first step is to apply within one year of your last arrival in the United States.
To apply for asylum, you must complete and submit your Application for Asylum and for Withholding of Removal (Form I-589). The form is available for free on the U.S. Citizenship and Immigration Services (USCIS) website.
You will need to provide information about yourself and your grounds for seeking asylum in the United States. USCIS will review your application to determine if you meet the eligibility requirements for asylum.
To be eligible for asylum, you must demonstrate that you meet the definition of a refugee. To do so, you must be able to demonstrate that you have a well-founded fear of persecution in your home country based on one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group.
If you are found eligible, you will be scheduled for an interview with a USCIS officer. After reviewing your application and conducting an interview, USCIS will make a decision on your application.
If your application is approved, you will be granted asylum in the United States and will be able to live and work legally in the country.
If your application is denied, you can appeal the decision or request a review of your case by a higher authority within USCIS.
However, if you are already in removal proceedings before an immigration judge, you may still request asylum. You will need to show that it would be dangerous for you to return to your home country and that you meet the definition of a refugee.
Some suggestions
The process can take many months or even years, so it is essential to be prepared for a long journey. A few ways can significantly increase your chances of being granted asylum.
Prepare well
Gather as much evidence as possible to support your claim. This can include letters from family or friends, news articles about conditions in your country, medical records if you have been persecuted or tortured, and any other documentation that would help show that you have a legitimate fear of returning home.
Consult an asylum lawyer
Second, consult with an experienced immigration attorney before filing your application. An attorney can help you navigate the complex legal process and ensure that your application is complete and accurate.
Be patient and hopeful
Third, be patient and remain positive throughout the process. It can be difficult waiting for a decision on your case. Still, it is important to remember that many people successfully obtain asylum in the United States each year.
Don’t forget
Always remember that even if you enter the country illegally, you still have rights under U.S. law. You should never hesitate to seek asylum if your life is in danger.
