Asylum in the United States

Exploring the options

There are several options for seeking asylum in the United States.

The United States is often seen as a land of opportunity, a beacon of hope for those seeking a better life. Unfortunately, many people around the world face persecution and other forms of harm in their home countries and seek refuge in the United States. This is where the concept of asylum comes in.

Asylum in the United States is a form of protection that the government provides to foreign citizens who cannot or do not want to return to their country of origin due to persecution or a well-founded fear of persecution because of their race, religion, national origin, opinion politics, or belonging to a particular social group. In this article, we will explore various options for applying for asylum in the United States.

Affirmative asylum

Affirmative asylum is a process through which people who are physically present in the United States and are not in removal proceedings can apply for asylum with the United States Citizenship and Immigration Services (USCIS). This process requires the applicant to file Form I-589, Application for United States Asylum and Withholding of Removal, with USCIS within one year of their last entry into the United States.

To be eligible for affirmative asylum, the applicant must show that she has a well-founded fear of persecution for one of the protected grounds listed above. This can be established through personal testimony and other evidence, such as country condition reports and expert witness testimony.

If USCIS approves the application, the applicant will be granted asylum in the United States, allowing them to live and work in the country and eventually apply for permanent residence. If USCIS denies the application, the applicant may be placed in removal proceedings and will have to defend their case in immigration court.

Defensive asylum

Defensive asylum is a process through which people who are in removal proceedings before the Executive Office for Immigration Review (EOIR) can apply for asylum as a defense against removal. This process is available to people who are detained by immigration authorities, as well as those who are in removal proceedings after applying for admission at a port of entry.

To apply for defensive asylum, the person must present their case before an immigration judge. The judge will consider the evidence presented by the individual and the government, and will determine whether the individual has established eligibility for asylum. For this process to be successful it is important to have the support of an expert immigration lawyer.

If the immigration judge grants asylum, the person will be allowed to remain in the United States and eventually apply for permanent residence. If the immigration judge denies asylum, the person can be ordered removed from the United States.

Asylum through the Refugee Admissions Program

The United States Refugee Admissions Program (USRAP) is a program through which the United States provides protection to refugees outside the United States. The program is administered by the US Department of State in coordination with the United Nations High Commissioner for Refugees (UNHCR) and various non-governmental organizations.

To be eligible for USRAP, a person must first be referred to the program by UNHCR or another designated referral agency. The individual will then go through a series of interviews and security checks and, if approved, will be resettled in the United States as a refugee.

Although the USRAP is not specifically for asylum seekers, individuals who are referred to the program may be eligible for asylum in the United States if they meet the asylum eligibility criteria.

Asylum through the Lautenberg Program

The Lautenberg Program is a program that grants refugee status to certain people from the former Soviet Union and Southeast Asia who are members of certain minority religious groups, such as Jews, Evangelical Christians, and Ukrainian Catholics. The program is named for Senator Frank Lautenberg, who was instrumental in its creation.

The application process for the Lautenberg Program is similar to the asylum application process in the United States. Applicants must file an application for asylum with the United States Citizenship and Immigration Services (USCIS) within the first 12 months after arriving in the United States.

In addition to applying for asylum in the United States, applicants must provide proof of their eligibility for the program, such as documentation showing persecution or discrimination they have suffered in their home country. They must also provide proof of their relationship with their sponsor in the United States.