Are you an immigrant who is seeking asylum in the United States? It can be a complicated process to determine if you qualify for asylum. This blog post will provide you with some tips on knowing if you are eligible.
Keep in mind that these are just general guidelines – the best way to determine if you qualify for asylum is to speak with an immigration attorney. Let’s get started!
What Is Asylum, And Who Qualifies For It In The United States?
Seeking asylum in the United States is a complex process, and there are many misconceptions about who qualifies and what the process entails.
To be eligible for asylum, an individual must demonstrate a well-founded fear of persecution based on one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group.
Additionally, they must show that their home government is either unable or unwilling to protect them from this persecution. The individual must also prove that they would face persecution if they were to return to their home country.
How To Apply For Asylum In The United States
There are two ways to seek asylum in the United States: an affirmative asylum application or a defensive asylum application. An affirmative asylum application is filed by an individual not currently in removal proceedings.
You need to file a defensive asylum already in removal proceedings. The majority file their asylum applications defensively.
Suppose you are considering seeking asylum in the United States. In that case, it is essential to speak with your local immigration law firms, who can assess your case and help you navigate the complex application process.
Is It Hard To Get Granted Asylum In The United States?
It’s not impossible to get asylum in the United States, but it’s certainly not easy. The first step is to pass the “credible fear” test, which establishes a well-founded fear of persecution in your home country.
If you can do that, you’ll be allowed to make your case before an immigration judge.
However, even if you have a strong case, there’s no guarantee that you will get asylum. The decision ultimately comes down to the judge, and there’s a significant backlog of cases, so it can take months or even years to get a final decision.
In the meantime, you’ll be allowed to stay in the United States and work, but it’s a long and uncertain process. You might ask yourself, “Should I start looking for asylum lawyers near me?” it could be the best decision you could ever make.
What To Do If Your Application Gets Denied
If your asylum application gets denied, you may feel like you have nowhere to turn. But there are options available to you.
- First, you can file an appeal with the Board of Immigration Appeals (BIA). You must do that within 30 days of the denial. If the BIA upholds the denial, you can file a petition for review with a federal court. You must do that within 60 days of the BIA’s decision.
- The court will then decide whether to hear your case. If it does, it will issue a decision that can either affirm, reverse, or remand the BIA’s decision. The court may also order the government to provide further relief, such as granting asylum in some cases.
- If the court denies your claim, you can try filing another appeal with the BIA or a motion to reopen your case with the immigration court. However, these options are often difficult to win and usually require the help of an experienced attorney.
So if your asylum application gets denied, don’t give up hope—there are still ways to fight for your right to stay in the United States.
Benefits Of Being Granted Asylum Status In The United States
You may be wondering what the benefits are of being granted asylum status in the United States.
Here are just a few of the ways that you will be able to improve your life if you get asylum:
- First, you will be able to live and work in the United States legally. That means you will no longer worry about being deported back to your home country.
- You will also be able to apply for a green card, which will allow you to live and work in the United States permanently.
- Second, you will be eligible for government benefits. That includes things like food assistance, medical care, and education.
- You will also be able to apply for a Social Security number, which will allow you to get a job and start building a new life in the United States.
- Third, you will be able to bring your family members with you to the United States. It means that you can finally reunite with your loved ones, and you can all start fresh in a new country.
If you are considering applying for asylum, these are just some of the benefits you could potentially get. The decision is up to you, but know that there are many ways to be granted asylum status.
Do You Need An Immigration Lawyer?
If you consider immigrating to the United States, you may be wondering whether or not you need an immigration lawyer. The answer depends on several factors, including your circumstances and the type of visa you need.
An experienced immigration lawyer can help you navigate the often complex and confusing immigration process, ensuring that you have the best possible chance of success.
They can also provide valuable guidance on what to expect once you arrive in the United States. Even if you are confident that you can handle the immigration process independently, it is always worth consulting with an immigration lawyer to get professional advice.
When choosing an immigration lawyer, it is essential to find one who is experienced and knowledgeable in immigration law. You should also make sure that they are someone you want to hire.
You Have The Right To Feel Safe
If you’re feeling unsafe in your home country and think you may qualify for asylum, it’s essential to seek legal assistance as soon as possible.
You can contact asylum lawyers who can help walk you through applying for asylum. Remember, time is of the essence when seeking asylum, so don’t wait until it’s too late.
Are you ready to take the next step? Contact us now, and we’ll connect you with a qualified attorney who can help make sure your application has the best chance of being approved.