Across the globe, countless individuals face persecution, violence, and danger in their home countries. For many, seeking asylum in the United States is their only hope for safety. Both international and U.S. laws provide legal protections for asylum seekers and refugees, ensuring they can find shelter in a safe country.
If you or a loved one is in danger and seeking protection in the U.S., Ibrahim Law Global is here to help. Our experienced immigration attorneys guide individuals through the asylum application process, ensuring they understand their rights and options.
Asylum and Refugee Status: What is the Difference?
Both asylum seekers and refugees seek protection in the United States, but the key difference is where they apply from.
Asylum Seekers: Individuals who are already in the U.S. but fear returning to their home country. Their asylum claim is pending until reviewed by immigration authorities.
Refugees: Individuals located outside the U.S. who have been recognized as needing humanitarian protection due to persecution or violence. To qualify, they must not be firmly resettled in another country and must meet U.S. admissibility requirements.
Individuals who have participated in the persecution of others based on race, religion, nationality, political opinion, or social group membership are not eligible for refugee status.
Who Qualifies for Asylum in the U.S.?
Under U.S. law, asylum is granted to individuals who can prove they are unable or unwilling to return to their home country due to persecution or a well-founded fear of persecution based on:
- Race
- Religion
- Nationality
- Political Opinion
- Membership in a Particular Social Group
If granted asylum, individuals can live and work in the U.S. for one year before applying for lawful permanent residency (Green Card status).
Immigration and Nationality Act
The Immigration and Nationality Act (INA) was first enacted in 1952 and consists of various laws that pertain to immigration. Specifically, Title 8, Chapter 12 of the code, which covers immigration and nationality, and Subchapter IV, which provides refugee assistance.
If approved, an asylee is admitted to the United States for an initial period of one year and is permitted to work and live in the U.S. during that time. The law also provides for financial assistance. The law protects people who are being persecuted by allowing them to stay in the United States for a period of time.
Eligibility Requirements for Asylum
To apply for asylum, you must:
- Be physically present in the U.S.
- File an asylum application within one year of arrival (unless exceptions apply)
- Prove a credible fear of persecution based on one of the five protected grounds
- Include immediate family members (spouse and unmarried children under 21) on your application
Types of Asylum Applications
There are two ways to apply for asylum in the U.S.:
1. Affirmative Asylum Application
- Filed before removal (deportation) proceedings begin.
- Can be filed regardless of legal or illegal U.S. entry.
- Must be submitted within one year of arrival in the U.S.
- If denied, the applicant is referred to immigration court for removal proceedings.
2. Defensive Asylum Application
- Filed when a person has been detained by immigration authorities.
- Used as a defense against deportation.
- Decided in immigration court before a judge.
If you are detained at the U.S. border or placed in removal proceedings, you still have the right to seek asylum. An immigration attorney can help present your case effectively in court.
Withholding of Removal
Those who do not meet the qualifications for asylum may be able to follow another path to stay in the United States. Withholding of removal is an exception to an immediate deportation. An immigration judge may find that an individual is subject to removal but also orders that no deportation action be made.
In these cases, the person must then prove that they would be in immediate danger and that their life or freedom would be threatened if they were to return to their homeland. If the person meets the requirements for asylum, it will be granted.
The Asylum Application Process
Once the applicant submits their application, the USCIS will process the request. The applicant will receive a notice of receipt. The USCIS will then schedule a biometrics appointment, and a security review will be completed. During the interview, you must present proof that you are in fear of your safety in your homeland.
A determination regarding your request for asylum status will be made, typically within 180 days. However, there are various circumstances that could lengthen the processing time. Delays are common simply due to backlog and other factors.
A person who has submitted an asylum application may also request permission to work. This is called an Employment Authorization Document (EAD). You may apply for an EAD 150 days after you submit your I-589, but you cannot receive it until at least 180 days.
Contact Ibrahim Law Global Today
Those seeking asylum have an absolute right to do so under the law. The process can be lengthy and may seem complicated to some. It is important to gather information that proves you have a credible fear for your safety. An experienced immigration attorney will help guide you through the process and assist you every step of the way. Contact us today at Ibrahim Law Global or call us at (708) 584-3043 to schedule an appointment with our legal team.
