Asylum in the United States is a legal protection that the government grants to people who have fled their home country due to persecution or a well-founded fear of persecution. This protection is provided to those who cannot return to their country due to persecution based on:
Race
Religion
Nationality
Political opinion
Membership in a particular social group
The affirmative asylum application process in the United States generally involves the following steps:
Asylum Application: The applicant must file Form I-589, Application for Asylum and for Withholding of Removal, within one year after arriving in the United States, unless he or she can demonstrate extraordinary circumstances that justify the delay.
USCIS Interview: If the applicant is not in removal proceedings, his or her application will be reviewed by the United States Citizenship and Immigration Services (USCIS). This generally includes an interview with an asylum officer.
Deportation Process: If the applicant is in deportation proceedings or his or her application is denied by USCIS, the case is referred to an immigration court where an immigration judge will make a decision. During this phase, the applicant has the opportunity to present his or her case to the judge.
Decision: If the application is approved, the applicant is granted asylum status, which allows him or her to live and work in the United States. He or she may also apply for permanent residence (Green Card) after one year of being granted asylum. If the application is denied, the applicant may appeal the decision.
Properly preparing for an asylum interview in the United States is crucial to increasing the chances of success. Here are some detailed recommendations:
Documentation and Evidence to Present Your Affirmative Asylum Case
Gather Supporting Documents: Compile all documentation that supports your case, including:
Proof of identity (passport, identification cards).
Evidence of persecution (medical reports, police reports, threatening letters).
Documents that demonstrate political, religious, or social group affiliations.
News articles, reports from human rights organizations that validate the situation in your home country.
Translate Documents: Make sure all documents not written in English are translated by a certified translator. Include a statement from the translator about the accuracy of the translations.
Personal Preparation
Know Your Story: Review and be familiar with all the details of your case. Remember key dates, places, and events. Practice telling your story coherently and clearly.
Rehearse Common Questions: Practice answering typical questions that may arise during the interview:
Why did you leave your country?
How were you persecuted?
What do you fear if you return to your country?
Do you have evidence of the persecution you suffered?
Stay Calm and Honest: During the interview, stay calm, honest, and accurate in your answers. Do not exaggerate or make up details.
Prepare your Appearance and Behavior: Dress appropriately and professionally for the interview. Demonstrate respect and courtesy toward the asylum officer.
Organize your Documents: Have all your documents well organized and in order. This will make it easier for the officer to review and show your preparation and seriousness.
Asylum status provides certain benefits, such as the possibility of working legally in the country, obtaining certain public benefits, and eventually applying for U.S. citizenship. In addition, the asylee can include in his or her application his or her spouse and unmarried children under 21 years of age.
It is important to note that applying for asylum in the United States is a complex process and, for this reason, it is recommended that applicants seek the assistance of an immigration attorney to improve their chances of success.
