Seeking asylum in the United States can be a complex and lengthy process. Asylum offers protection for those who have fled persecution, violence, or serious harm in their home country. Understanding who qualifies for asylum and the requirements to apply can help those in need of protection and legal stability.
In this article, we will cover who is eligible for asylum in 2024, how to apply, and important factors like timelines, necessary legal support, and key differences between asylum and Special Immigrant Juvenile Status (SIJS) applications.
Who Can Apply for Asylum?
To qualify for asylum in the United States, an individual must show they are a refugee. U.S. law defines a refugee as someone unable or unwilling to return to their home country due to:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
These are the core categories of eligibility recognized by U.S. law. Anyone who fits these criteria and is already present in the U.S. or arrives at a U.S. port of entry can apply for asylum. These categories cover a range of experiences, and itโs up to the applicant to prove their specific risk. This standard of proof requires detailed explanations and evidence, which an asylum lawyer or immigration attorney can help prepare.
Example Case
For example, if a journalist from a country with restricted freedom of the press faces threats or imprisonment due to their reporting, they could apply for asylum under โpolitical opinion.โ
How the Asylum Process Works
The asylum process in the U.S. is primarily divided into two categories:
- Affirmative Asylum Process: This process is for individuals who proactively apply for asylum while already in the United States. Applicants in this process are usually not in removal proceedings (a formal deportation process).
- Defensive Asylum Process: Individuals in this category apply for asylum as a defense against removal. This type of case typically occurs in immigration court after the applicant is placed in removal proceedings.
Key Steps to Apply for Asylum
- Complete Form I-589: The first step is filling out Form I-589, Application for Asylum and for Withholding of Removal.
- Submit within One Year: Applicants must submit their asylum application within one year of entering the United States, with some exceptions for changed circumstances.
- Interview with an Asylum Officer or Judge: An interview or court hearing is necessary to assess the eligibility of each applicant.
- Decision: A decision is made based on the credibility of the applicantโs claims, as well as supporting evidence.
Example: If an applicant has experienced political persecution due to their opposition to their home countryโs government, they must include all relevant details, documents, and witness statements that support this.
Age and Asylum
Asylum is open to people of all ages, including minors. In cases where young individuals face abandonment or abuse, they may be eligible for a different form of protection: Special Immigrant Juvenile Status (SIJS). This comparison between asylum and SIJS eligibility for minors will be covered later in this article.
Special Immigrant Juvenile Status (SIJS) vs. Asylum
In some cases, young people may be eligible for SIJS instead of asylum. SIJS is intended for immigrant minors in the United States who have been abandoned, abused, or neglected by one or both parents and need legal protection.
The table below provides a comparison of asylum and SIJS based on different factors:
| Aspect | Asylum | Special Immigrant Juvenile Status (SIJS) |
| Age Requirement | No age requirement | Under 21 years of age |
| Work Permission | Eligible for a work permit | Eligible for a work permit |
| Permanent Residence | Can apply after being granted asylum | Can apply for permanent residence as a part of the SIJS process |
| Duration | May take several years | Takes around 1-2 years on average |
| Ability to Study | Can study while awaiting decision | Can study and may qualify for some benefits |
Key Points on Employment, Residence, and Legal Protection
- Work Authorization: After an application is pending for 180 days, applicants are eligible to apply for work authorization. Work permits allow them to legally work while waiting for a decision on their asylum case.
- Eligibility for Permanent Residence: Once asylum is granted, applicants are typically eligible to apply for a green card one year after the approval date.
- Legal Support: An experienced lawyer can help applicants gather evidence, prepare statements, and present their case. Having an asylum attorney significantly increases the likelihood of success in cases where credibility and documentation are crucial.
Who Should Apply for Asylum?
Applying for protection is a big decision and may not be the best option for everyone. Those who qualify include:
- Recent Arrivals: Individuals who recently entered the U.S. and face immediate threats upon returning home.
- Those Facing Removal: If an individual has already been detained or is facing deportation, they can file a defensive asylum application as part of removal defense.
- Certain Visa Holders: F1 and J1 visa holders facing threats can apply for asylum or SIJS instead of returning to a dangerous situation.
How Long Does the Asylum Process Take?
The length of the process can vary widely. Due to the backlog of cases, many applicants may wait for years before receiving a decision. The duration can depend on the applicantโs specific circumstances, such as the country theyโre fleeing, their supporting evidence, and any complications with documentation.
Steps to Expedite Asylum Cases
To address the long wait times, here are some actions that may help speed up the process:
- Expedite Request: A lawyer can file a request to expedite an asylum case due to serious personal hardship or danger.
- File with Complete Documentation: Ensuring all supporting documents are submitted initially may prevent delays.
- Seek Legal Support: An asylum lawyer or immigration attorney can guide applicants through steps that could make the process faster.
Apply for Asylum if Entered the United States Illegally
Individuals who entered the U.S. without documentation or in an unauthorized manner are still eligible to apply for asylum. U.S. immigration law allows people who meet the criteria, regardless of how they entered the country to seek protection if they fear persecution in their home country. However, certain additional conditions and challenges may apply to these cases.
Key Points for Asylum Applicants Without Legal Entry
- Filing Within One Year of Entry:
- Generally, asylum seekers must apply within one year of their arrival in the U.S. However, there are exceptions to this rule. For instance, if you have experienced โchanged circumstancesโ (such as an increase in threats in your home country) or โextraordinary circumstancesโ (such as trauma or severe illness), you may still be eligible even if you missed the deadline.
- Additional Screening:
- If youโre detained by immigration authorities upon entering the U.S., you may go through an initial โcredible fear interview.โ During this interview, an officer will determine if you have a credible fear of persecution if you return to your home country. Passing this interview is the first step toward applying for asylum, though it doesnโt guarantee approval. Legal representation from an immigration attorney can be beneficial to help present your case.
- Access to Legal Representation:
- Because the process can be complex, having an asylum attorney or immigration lawyer can help improve your caseโs chances. Attorneys can provide guidance on gathering evidence, understanding timelines, and representing you in court if needed.
- Work Authorization:
- Even if you entered the U.S. without authorization, you can apply for work authorization after your asylum application has been pending for 180 days. A pending application does not affect your ability to request permission to work while awaiting a decision.
- Challenges and Legal Risks:
- Entering the U.S. illegally does present some risks, particularly if your application is denied. In such cases, individuals may face removal proceedings. However, asylum can still be pursued as a form of removal defense, giving applicants another chance to present their case in immigration court.
Applying for asylum without legal entry can be hard, but U.S. law acknowledges the importance of protecting those facing persecution, regardless of how they arrive. Working with an experienced attorney can ensure that applicants have the best chance of receiving protection under the asylum system.
Comparisons Between Asylum and SIJS for International Students
Both options provide legal protection, but they serve different groups and have unique benefits. Below are comparisons to help clarify the options.
Age Limits
- Asylum has no age limit, meaning anyone from a young child to an elderly individual may apply.
- SIJS is limited to individuals under 21 who have been abandoned, abused, or neglected. Special Immigrant Juvenile Status usually is a better option for international students as they are more likely to under the age of 21.
Work Permission
- Both asylum and SIJS applicants are eligible for work permits after meeting specific requirements. For asylum, applicants may receive work authorization after 180 days. SIJS applicants can apply for work authorization after receiving approval.
Ability to Study
- Both asylum and SIJS applicants are allowed to study, but SIJS may provide access to additional benefits or resources for minors.
Permanent Residence
- Asylum applicants must apply for a green card one year after receiving asylum status.
- SIJS applicants have a path to permanent residence as part of the SIJS process.
Application Duration
- Asylum cases may take years due to backlog, whereas SIJS cases are generally processed in about 1-2 years.
FAQs
1. Who qualifies for asylum?
Anyone who faces persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
2. Can I apply for asylum if I entered the U.S. illegally?
Yes, individuals who entered without documentation may still apply for asylum if they fear persecution.
3. How long does the process usually take?
It varies widely. Due to backlogs, many cases take several years, though some are decided more quickly.
4. Is there an age limit for asylum?
No, there is no age limit for asylum applicants, but SIJS is limited to individuals under 21 years of age.
5. Can I get a work permit while waiting for asylum?
Yes, after 180 days with a pending asylum case, applicants may apply for work authorization.
6. How does SIJS differ from asylum?
SIJS is for young people who have been abused, neglected, or abandoned, while asylum is for those fearing persecution.
7. Should I work with an asylum attorney?
Working with an asylum lawyer can greatly improve your case by ensuring all necessary information is included and assisting with legal complexities.
8. Can I study while waiting for an asylum decision?
Yes, individuals with pending asylum cases can attend school in the U.S.
