Many immigrants have fled to America because of threats they faced back home. Those who seek asylum in the United States are asking for protection from the threat of persecution in their home country. Without asylum, the immigrant could be deported back to the nation where the threat awaits them. If deported, they could risk imprisonment, torture, and death.
Seeking asylum in the United States requires showing some “well-founded fear” of persecution overseas and proving it to an immigration court official. Those who do not obtain asylum may be deported with little delay. An experienced immigration lawyer may be best able to prove one’s case for asylum.
What Qualifies Someone for Asylum?
Immigration law requires that an asylee fears persecution based on their race, religion, gender, sexuality, membership to certain social groups, nationality, or political opinion.
Your immigration attorney may be able to help you prove your case if you can establish a well-founded fear of persecution for one of the following:
- Asylum based on race and fear of racist violence in their country of origin.
- Convention Against Torture is seen as the last option and is for those who prove a well-founded fear of torture.
- Defensive asylum is for those embroiled in removal proceedings and trying to prevent their removal from the United States.
- Gender-based asylum for victims of domestic abuse, forced marriages, trafficking, prostitution, and fear of honor killings.
- Humanitarian asylum is different in that it is more for those who have endured long term suffering in their home country due to circumstances like famine or war.
- LGBTQ asylum and asylum for those with sexual orientations which are illegal overseas.
- Political asylum for instances where political beliefs and party affiliations face persecution.
- Religious asylum, for those whose religions have been outlawed in their home countries.
How Long Can it Take to Learn Whether You’ve Been Granted Asylum?
During a confidential asylum interview, the asylum seeker will take an oath and answer various questions for an immigration officer. No decision on asylum status will be made immediately during the interview and any asylum seeker can expect to wait some time before they hear back from the immigration court.
Typically, one may expect to hear an update within weeks of their first interview. However, the final decision often takes much longer to come into focus. The asylum seeker must try to remain patient.
What Comes After Asylum?
If you are approved for asylum, you may remain in the United States. After approval, you and your dependents may apply for work authorizations so that you can maintain a living.
After some time has passed, you and your dependents can try an adjustment of status and become lawful permanent residents. As green card holders, your family will be allowed to live and work anywhere in the United States.
Applying for asylum is no easy task and the risk of losing the application could result in being deported to a dangerous country. With a winning case, the legal team of Landerholm Immigration, A.P.C. could help you obtain asylum.