What Is Asylum?
WHAT IS THE DIFFERENCE BETWEEN A REFUGEE AND ASYLUM-SEEKER?
Both refugees and asylum seekers are seeking protection from the US due to persecution in their home countries.
The status of refugees is granted prior to coming to the US after vetting from UNHCR and US authorities. Once granted refugee status then they can be resettled in the US with their immediate family.
Asylum seekers have to be in the U.S. to request asylum and upon review by US Immigration, they are granted or denied asylum. If they are granted asylum then they become asylees and they then can bring their immediate family, if they are not yet in the US.
Asylees and Refugees are entitled to the same benefits: Mostly the right to apply for a green card and then to US Citizenship.
MAIN CRITERIA TO BE GRANTED ASYLUM
Asylum requires proof that one has been subject to past persecution or fear of future persecution. This persecution has to be inflicted at an individual level or close member of one’s family. Asylum is not granted based on general violence in one’s country.
In addition, the persecution has to be linked to those five categories (also known as "protected ground" or nexus)
Political opinion
Race
Religion
Nationality
Membership in a particular social group (ex. sexual orientation)
It is important to submit as much as possible evidence to back up one’s asylum claim.
CATEGORIES OF ASYLUM SEEKERS IN THE USA
Affirmatiive Asylum
Those who are able to secure a valid visa:
They will fly usually arrive at an airport.
Once settled in their destination, they can submit an asylum application to USCIS either online or by mail. (Form I-589)
NOTE: There is a one-year deadline to apply.
Defensive Asylum
Those who come by land (usually at the Mexico/U.S. border):
Some will request asylum at one of the ports of entry (customs) and some will cross illegally between ports of entry.
As they usually have no valid visa to enter the country, they will have to defend their case in front of a judge at immigration court.
Those denied asylum through USCIS:
They will have a second chance to argue their asylum claim in front of a judge.
NOTE: It is extremely difficult to represent oneself at immigration court without a lawyer.
Resources Available For Asylum Seekers
During the asylum application process, asylum seekers are expected to be on their own for the most part.
Traditionally, there has been no city or federal funding for asylum seekers. With the recent influx of asylum seekers at the border and in New York City, there is more available.
Applying For Asylum Online
First-time applicants can now file for affirmative asylum online! Check out ASAP's page and RIF's video on how to apply online.
Free Or Low-Cost Immigration Lawyers Are Difficult To Find.
There is a small number of pro bono legal providers dealing with a huge demand.
Private attorneys are expensive. Costs to handle an asylum case range from $5,000 to $10,000.
As with all legal providers, there are excellent lawyers and some that are abusive. It is important to research every lawyer's reputation prior to having them take your case.