What Are Some Significant Changes To Immigration Policy That Will Affect Asylum Seekers?
There are constantly changes in the regulations and policies of immigrations laws, particularly with regards to asylum. Recently, a new Attorney General case has restricted the type of people who can claim asylum under the protected ground of membership in a particular social group. Before, being a member of a family or having a certain last name was enough to claim a social group. Now, that is no longer recognized.
What Does It Actually Mean To Apply For Asylum To The United States?
Applying for asylum means that you are fleeing persecution in your home country and seeking to be categorized as a refugee under immigration law.
Who Can Actually Apply For Asylum?
Anyone who has been fleeing persecution and feels that they’ve been persecuted on account of one of the five protected grounds can apply for asylum. They can apply for it affirmatively, which means they can come into the country, present themselves at a port of entry, and tell an immigration officer that they have a fear of returning to the country. The other way of applying for asylum is if you are detained by immigration officials and are placed into immigration proceedings, at which point, your relief from removal from the United States would be a defensive asylum application.
What Burden Of Proof Must Be Met In Order To Be Granted Asylum?
To be granted asylum, you must meet the definition of a refugee, which is someone who has been persecuted, or has a well-founded fear of persecution, based on one of the five protected grounds. The five protected grounds are race, religion, nationality, political opinion, and membership in a particular social group.
Who Cannot Apply For Asylum?
There are certain restrictions to people who have criminal or security concerns. Someone who comes into the country and waits more than one year before fling their asylum application could be barred from applying for asylum. While asylum is the term that everyone is familiar with, there are other related forms of relief, which are also based on fear of persecution.
I Have Criminal Convictions. Can I Still Apply For Asylum?
There is an analysis method by which immigration officials will consider certain crimes to be particularly serious. Whether you are eligible for asylum will depend on this analysis.
When Do I Need To Submit My Asylum Application?
If you’re presenting yourself at the port of entry, they will give you an asylum application, and you will fill it out and complete it. If you are in proceedings, the judge will give you a deadline for when you need to submit your application.
I Missed The One Year Deadline For Filing For Asylum. Do I Have Any Options?
You need to prove that the one year deadline was missed by circumstances that were not under your control. It is decided on a case by case basis whether or not the judge or immigration officer will allow you to proceed with the application.
Can I Bring My Family Members To The United States If I Am Seeking Asylum?
The asylum application provides for information regarding your immediate family members, which is your spouse and your children. They can be included in that application, if they are also in fear of the same persecution you are.
How Will My Illegal Stay In The US Impact My Application For Asylum?
The one year bar will affect your asylum application, if you’ve been illegally in the country for more than one year. Prior immigration encounters can also have an impact.
What If I Am Detained By Immigration Before I Submit My Asylum Application?
If you are detained, notify the immigration officer who detained you that you have a fear of returning to your country. They will initiate a process for you to submit your asylum application.
For more information on Immigration Policy Changes For Asylum, a detailed case evaluation is your next best step. Get the information and legal answers you are seeking by calling (956) 766-4000 today.