For many seeking safety in the United States, asylum offers a lifeline. However, the process can be complicated and daunting. In this post, we’ll break down the basics of affirmative asylum, including who qualifies, how to apply, what to know about work permits, and the challenges posed by the long wait times for interviews.
What is Asylum?
Asylum is a form of legal protection for individuals who have fled their home countries due to persecution or fear of persecution. People seeking asylum must be physically present in the U.S. to apply. Unlike refugees, who are granted protection before arriving in the U.S., asylum seekers apply after reaching U.S. soil.
If granted asylum, asylees are allowed to stay in the U.S. and can eventually apply for permanent residency and citizenship. However, due to the overwhelming backlog, many people are forced to wait years in uncertainty before knowing the outcome of their case.
Who Is Eligible for Asylum?
To qualify for asylum, individuals must demonstrate that they are unable or unwilling to return to their home country due to persecution or a well-founded fear of persecution. This persecution must be directly linked to one or more of the following protected grounds recognized under U.S. and international law:
- Race: Persecution because of racial identity or being part of a racial minority. This could include discrimination, violence, or other forms of harm based on race.
- Religion: Persecution because of religious beliefs, practices, or refusal to follow a state-mandated religion. This may involve threats, imprisonment, or harm for practicing your faith or converting to a different religion.
- Nationality: Persecution because of national origin, ethnic background, or perceived allegiance to a specific group based on your nationality.
- Membership in a Particular Social Group: Persecution because of belonging to a distinct social group that shares common characteristics, such as gender, sexual orientation, family ties, or cultural identity. This category often includes victims of domestic violence, LGBTQ+ individuals, or people targeted due to clan or family connections.
- Political Opinion: Persecution because of political beliefs, participation in political activities, or refusal to support the ruling government or political group. This can include activists, journalists, or individuals associated with opposition movements.
Asylum is available to individuals regardless of how they entered the United States. Whether they crossed the border without documentation or arrived on a valid visa, they can still apply for asylum. However, meeting the strict requirements and deadlines is crucial to ensure an application is considered.
One key requirement is demonstrating a clear connection between the persecution you face and one of these protected grounds. Additionally, the application must show that the persecution was carried out by the government or by groups that the government is unwilling or unable to control.
What Is the Process for Applying for Affirmative Asylum?
The affirmative asylum process is for individuals who are not in removal proceedings. Here’s how it works:
- File Form I-589: To begin the process, you must file Form I-589, Application for Asylum and for Withholding of Removal, with U.S. Citizenship and Immigration Services (USCIS). Once your application is received, you will get a receipt notice. This receipt is critical for tracking your case and eventually applying for work authorization.
- Apply for a Work Permit (Form I-765): After your asylum application has been pending for at least 150 days, you can apply for a work permit by filing Form I-765, Application for Employment Authorization. While this doesn’t immediately grant work authorization, it allows asylum seekers to support themselves while waiting for their case to progress.
- Wait for Your Interview: USCIS schedules interviews to assess asylum applications, but backlogs mean many applicants face a wait of up to 10 years or more. During this time, it’s essential to keep your case updated with any new evidence or information and maintain compliance with U.S. immigration laws.
One of the most critical aspects of the asylum process is the one-year filing deadline. Generally, you must file your asylum application within one year of your last arrival in the United States. If you miss this deadline, your application may be referred to an Immigration Judge unless you qualify for one of the following exceptions:
- Changed Circumstances: Significant changes in your situation, such as worsening conditions in your home country or shifts in U.S. asylum laws, may qualify you for an exception.
- Extraordinary Circumstances: Personal challenges, such as severe illness, legal incapacity, or issues with prior legal representation, may also excuse a late filing.
The Ten-Year Wait and What It Means for Your Case
More than one million asylum seekers are currently stuck in a backlog, waiting years—sometimes more than a decade—for their cases to be processed. This massive delay has created profound hardships for those seeking protection and has raised concerns about the fairness and efficiency of the system.
However, while the asylum system creates challenges, it also creates opportunities:
- Current Law vs. Future Law: As former President Trump pointed out, the law under which you apply might change by the time your case is reviewed. Immigration policies and protections can shift depending on the administration in power. Filing your case now ensures your application is considered under the current legal framework.
- Planning for the Long Haul: The long wait highlights the importance of building a strong case upfront and keeping your file updated with new evidence, if applicable, over the years.
Learn more about the backlog here.
Why Act Now?
Given that U.S. immigration law is ever-changing, it’s important to act quickly. Filing your asylum application now locks in your eligibility under current laws and ensures your case is in line as wait times grow.
At Hope Immigration, we understand the challenges asylum seekers face. Our experienced team is here to help you navigate every step of the process and build a strong case for your future.
If you or someone you know needs help with an asylum application, contact us today. Together, we can work toward safety, stability, and hope.