The United States has a long history of welcoming immigrants and refugees. Today, many people wish to flee their dangerous homelands to seek refuge in the Land of the Free.
At the same time, immigration and asylum are a contentious issue in the United States. Questions about how to seek refuge in the United States are being asked constantly.
So how does one receive asylum in this country?
How exactly does someone seek refuge in the country that has welcomed people from all over the world in order to give them a better life?
This guide will show you how to seek refuge in the country.
The Guide to Seek Refuge in the United States
It is imperative that you understand the rules so that you can properly seek refuge in the United States or help someone else move to the country.
Here is what you need to know:
1. Understand Asylum
First, you need to understand what asylum is. Asylum is a protection given to an individual who wishes to enter the United States. This protection allows them to enter and stay for a duration of time. This duration of time can be extended and can allow the individual to transition to permanent residency and eventual citizenship.
Asylum is granted on the basis of someone fleeing persecution in their native country. This persecution is based on the account of the person’s race, ethnicity, religion, nationality, group association, or political beliefs and affiliation.
If an individual can prove that they are being persecuted on any of the aforementioned factors, they may be granted asylum status in the United States.
2. The Legality of Asylum
Seeking asylum in the United States is completely legal. However, there are certain guidelines and laws that need to be adhered to.
The first rule is that an asylum seeker must enter through an official port of entry whether it is an airport or a land entry port. Entering through an area that is not designated as a port of entry is illegal and will likely disqualify the asylum seeker from receiving asylum.
An individual cannot apply for asylum from their native country or elsewhere. They have to simply show up at the port of entry and request asylum.
3. Considering an Immigration Lawyer
If the individual is able to seek the service of an immigration lawyer, then it is best advised to do so. They can help prepare your case and help fight on your behalf so that you can be granted asylum.
If the individual seeking asylum is detained by the Immigration and Customs Enforcement (ICE) agency and kept in a detention center, then they will want to consider an immigration bond to bail them out. You can learn more here about these immigration bonds.
4. What Happens When Someone Shows Up?
So what happens when someone shows up at the port of entry and seeks asylum? Once they present themselves and request asylum, they are placed in immigration court removal proceedings or in expedited removal proceedings.
The first option allows the individual to present their case for asylum before a judge at a later date. The latter option gives the legal right for a border agent to immediately deport an individual without allowing the individual to present their case to a judge.
If an individual receives the latter treatment, they can appeal the decision prior to their deportation. If they can prove that there is a justifiable fear of return to their home country and still wish to receive asylum, then they will be scheduled for an interview in which they have to make the case as to why their fear of return is indeed justifiable.
This interview will be conducted by an asylum officer from the United States Citizenship and Immigration Services (USCIS).
5. Is Asylum Granted Often?
How often is asylum granted in the America of today? In 2018, slightly over 35,000 individuals were granted asylum in the country. Once asylum is granted, the individual may stay in the United States and will not be forced to return to their home country. They will have freedom of movement within the United States and in some cases, might be allowed to travel abroad and return.
If the individual is at the legal working age, they will be eligible to work and start a business in the United States. They will also be able to request asylum for their spouse and any children who are under the age of 21.
While many individuals may apply for asylum, they may not always be granted. As one can see from the aforementioned number, the number of asylees is relatively small compared to the number of legal immigrants. It takes a lot to be granted asylum and it is because of this that we recommend hiring an immigration lawyer.
6. Where Are Most Asylum Seekers Coming From?
As of the initial publication of this article, Venezuelans and citizens of Central American countries account for the largest number of asylum seekers.
In the case of Venezuela, many citizens are fleeing a failed economy, high rates of crime, and a corrupt government. Naturally, there are many political dissidents in Venezuela who are seeking asylum based on their political views.
In the case of Central America, many asylum seekers are fleeing from grave danger as gang violence has run rampant in many areas of different Central American nations.
7. Is It Becoming Harder?
In short, under the current administration rules have been tightened to make it more difficult for asylum seekers to receive asylum in the United States. The country is seeing unprecedented numbers of asylum seekers.
As a result, there are fewer factors that qualify someone from being considered a refugee. These include victims of domestic violence, those fleeing from gang violence, and members of the LGBTQ community.
One must always be updated with the latest developments. You can also address your concerns to the government if you feel these current requirements are unjust and unfair on those who seek refuge.
Seeking Refuge
Now that you know the laws and guidelines of how to seek refuge in the United States, you may be able to help someone seeking to come to our country and start a new and better life.
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