lawyer writes how asylum process works

What is the Attorney General’s procedure for processing asylum applications?

Mar 15, 2022 · STEP ONE: Arrive in the U.S. STEP TWO: Apply for Asylum STEP THREE: Fingerprinting and Background/Security Checks STEP FOUR: Receive an Interview Notice STEP FIVE: Interview STEP SIX: Asylum Officer Makes Determination on Eligibility and Supervisory Asylum Officer Reviews the Decision STEP SEVEN: Receive Decision Related Links Close All …

Do I need a lawyer for an asylum interview?

Decision on Your Asylum Case by the B.I.A. If the DHS attorney does decide to appeal, then another long wait lies ahead of you while the B.I.A. considers your case. You won't need to appear in person, but should have an attorney file a legal brief on your behalf, explaining why the judge made a mistake and you deserve asylum after all.

What is the process for seeking asylum in the US?

First, you must first file Form I-589, "Application for Asylum and Withholding of Removal" with U.S. Citizenship and Immigration Services (USCIS). Form I-589 is the only form you'll need to file to apply for all of the following forms of relief: asylum, withholding of removal, and protection under the United Nations Convention Against Torture.

Can a lawyer give a closing statement for an asylum case?

Law and Procedure. The process for seeking asylum in the U.S. is complicated and an asylum-seeker is more likely to be granted this form of protection if he or she is represented by a good lawyer who understands the system. We provide training and guidance to lawyers who represent clients on a pro bono basis through our program.

How does the asylum process work?

If you are eligible for asylum you may be permitted to remain in the United States. To apply for asylum, file a Form I-589, Application for Asylum and for Withholding of Removal, within one year of your arrival to the United States. There is no fee to apply for asylum.Mar 3, 2022

What gives you the best chance to get your application for asylum approved?

Strategies for Improving Chances of Qualifying for Asylum You must show that this persecution was (or would be) inflicted on you because of one or more "protected grounds": your race, religion, nationality, membership in a particular social group, or political opinion.

How do I write an asylum statement?

explain in detailed and include the reasons for the harm. Explain what you think will happen to you if you return to your country. Write specific facts and not general statements, but don't write things that you are not sure about. It is difficult to change facts once you turn in your asylum application to Immigration.

What evidence is needed for asylum?

To show your identity, include a copy of your passport, or other official documents such as your birth certificate, national identity card, or driver's license. The U.S. government expects that you can prove your identity, so make sure to provide some documentation.

How do you win defense in asylum?

To win asylum in the United States, either you must have experienced persecution or fear persecution in your home country. You also must not have done anything that would disqualify you, such as committing an aggravated felony.

How do I win an asylum interview?

8 Tips for a Successful Asylum Interview1) Practice makes perfect. ... 2) Make travel arrangements. ... 3) Prepare physically and emotionally. ... 4) Wear appropriate clothes. ... 5) Correct mistakes. ... 6) Be honest, detailed, and consistent. ... 7) Don't be afraid to cry. ... 8) Utilize an attorney.Mar 13, 2016

Is seeking asylum a legal right?

The Universal Declaration of Human Rights (Article 14), which states that everyone has the right to seek and enjoy asylum from persecution in other countries. The 1951 UN Refugee Convention (and its 1967 Protocol), which protects refugees from being returned to countries where they risk being persecuted.

What questions are asked in an asylum interview?

Do you have any family in your home country? Has anyone in your family ever applied for asylum before?” “What are the names of your children?” Did you return to your home country after suffering persecution there?May 27, 2021

What is a pending asylum case?

You will have a pending asylee status if you've applied for asylum and are waiting for a decision on your application. If you have pending asylee status, you are no longer unlawfully present in the U.S. Having this status means you are authorized to stay in the U.S., pending the outcome of your application.Mar 16, 2022

How long do asylum cases take?

How Long Does the Asylum Process Take? A decision should be made on your asylum application within 180 days after the date you filed your application unless there are exceptional circumstances.Mar 15, 2022

What happens if you are denied asylum?

A: If your asylum claim is denied by the asylum officer, you will be placed into removal proceedings if you are out of status or it is determined that you are otherwise subject to removal. However, we can renew your asylum claim in Immigration Court and have it re-heard by the Immigration Judge.

How hard is it to get asylum in USA?

To meet the eligibility requirements to become an asylee or refugee, you must be unwilling to return to your country of origin due to a well-founded fear that you will be persecuted based on your race, religion, nationality, social group, or political opinion.

How long does it take to get asylum?

But depending on who you talk to, you might have heard very different accounts of how long the asylum application process will take: weeks, months, or even years.

Is the Eoir overburdened?

The Immigration Court or EOIR has its own issues with being overburdened with cases of people defending against removal ( deportation). Unfortunately for one's chances of receiving a full hearing, the Trump Administration tried to hurry cases along by instituting a quota system for deciding cases. It remains to be seen whether and how the Biden Administration will adjust this.

What do asylum officers do?

Asylum Officers find background information about the human rights situation in your country, and about any specific events that you were involved in , very useful . It helps establish that your story is consistent with what independent sources have said is occurring in your country.

What form do I need to file for asylum?

Form I-589 is the only form you'll need to file to apply for all of the following forms of relief: asylum, withholding of removal, and protection under the United Nations Convention Against Torture. You can download this form for free from the I-589 page of the USCIS website.

How long does it take to change your address with USCIS?

If you change your address, make sure to inform USCIS within ten days of moving, either by sending in Form AR-11 or directly on the USCIS website. There is a risk that the central USCIS office will not advise the asylum office of your change of address.

What to do if you can't remember a date?

If you cannot remember specific dates, try to include the month and the year if you can remember them accurately. If you are estimating a date, state so by noting that the date is an estimate ("est") or approximate ("approx"). Make sure that all of the information you provide is accurate to the best of your ability.

Do I need an I-589 for my spouse?

If you are also filing for asylum for your spouse and children (unmarried and under the age of 21) who are present in the U.S., include an extra copy of Form I-589 for each family member. Also, you will need to provide marriage and birth certificates showing your family relationship, and a passport-style photograph of each family member.

What is asylum status?

Asylum is a legal status that the U.S. government can grant to people who are at risk of harm in their home countries because of who they are—because of their religion, political opinion, sexual orientation, or ethnicity, for example—if the governments in their home countries will not protect them.

Is Human Rights First a non profit organization?

Human Rights First is a non-profit organization that could not do this work without your generous support. Help us be responsive as people needing our assistance arrive and as global human rights challenges emerge.

What happens after an asylum interview?

After the Interview: Receiving Your Decision. Asylum applicants who are in lawful status (that is, who have an unexpired visa or other right to be in the U.S.) normally receive their decisions in the mail. If you are not in lawful status, you will be asked to return to the asylum office to pick up your decision.

How to interview for asylum?

In getting ready, think about the fact that asylum interviews are conducted in small offices with closed doors. The purpose is to protect the information you share, but it means you'll potentially be in a stuffy environment, in close physical proximity to the interviewer. Here are some practical things you can do to help the officer focus: 1 Bathe before your interview. 2 Do not wear heavy perfume or cologne. 3 Do not smoke. 4 Try to wear clothes that do not smell of smoke. 5 Dress as neatly as possible.

What happens if you get approved for asylum?

If the asylum officer recommends that you be approved for asylum, you have won your case. You will be given instructions on how to apply for work authorization and will be able to get a Social Security number.

How to tell the truth in an interview?

Follow the officer into his or her office with your attorney and interpreter. Once inside , the officer will have you stand and swear or affirm that you will tell the truth. After that, you'll be asked to sit down. Tell the truth during your interview.

What is an NTA in asylum?

In this case, when you go to the asylum office for your decision, you will be given a decision telling you when and where to report to immigration court. This is called a "Notice to Appear" or " NTA ."

What is a Notice to Appear?

This is called a "Notice to Appear" or " NTA .". It is important that you show up in court on the appointed day. If you don't, the judge can order you removed from the United States. You can renew your asylum application before an Immigration Judge at your hearing.

How to prepare for an interview?

Getting to the Interview on Time and Ready. Do not underestimate the importance of your interview day. Make sure to get a lot of sleep the night before and be ready for an emotional experience. Eat a good meal. Set up a specific time and place to meet your attorney and interpreter if you are using either.

What is the asylum process in Germany?

Asylum procedure is the process which determines whether a person should be granted asylum in Germany or not. The asylum procedure is regulated in the German Asylum Act. The process consists of several steps: asylum application, Dublin examination ("Dublin-Prüfung"), hearing and decision making. Officially, therefore, the asylum procedure begins ...

How long do you have to wait for asylum?

The hearing is the most crucial part of your asylum procedure. You often have to wait several months, sometimes even more than a year for the invitation. Do not miss your hearing appointment. If you are ill that day or cannot be there for any other substantial reason, you must immediately notify the BAMF in writing.

Who must contact when fleeing Germany?

Every person who flees to Germany must contact and inform the German authorities, i.e. border patrol authorities, the police, the Immigration Office , an arrival centre ("Ankunftzentrum") or an initial reception centre ("Erstaufnahmeeinrichtung"). You can read more about registration in our chapter " Registering as an asylum seeker ".

How long do you have to stay in Germany to get a residence permit?

You are recognised as a refugee or asylum seeker under the Geneva Refugee Convention, which means you will obtain a residence permit for three years. To learn more about your rights as an individual entitled to asylum or a recognised refugee, read our chapter " Right of Residence in Germany ".

Asylum

Alert: Following the settlement agreement in Mendez Rojas et al. v. Wolf et al ., 2:16-cv-01024-RSM (W.D. Wash. Nov. 4, 2020), USCIS and the Executive Office for Immigration Review (EOIR) have implemented a Uniform Procedural Mechanism (UPM) for the filing and processing of Form I-589, Application for Asylum and for Withholding of Removal.

Permission to Work in the United States

To apply for employment authorization, you must file a Form I-765, Application for Employment Authorization. For more information, see the Form I-765 webpage.

Bringing Your Family to the United States

If you are granted asylum you may petition to bring your spouse and children to the United States by filing a Form I-730, Refugee/Asylee Relative Petition. To include your child on your application, the child must be under 21 and unmarried.

Filing for Permanent Residence (Green Card)

You may apply for a Green Card one year after being granted asylum. To apply for a Green Card, file a Form I-485, Application to Register Permanent Residence or to Adjust Status. You must submit a separate I-485 application packet for yourself and, if applicable, for each family member who received derivative asylum based on your case.

How long does it take to get an asylum interview?

The time period between the screening interview and substantive interview can vary. It can be many months, and at the time of writing, some people are waiting more than a year. It’s really important, if possible, to have a lawyer representing you during the asylum process. See next section.

What is the first interview after asylum?

After claiming asylum, you will have your first (short) interview called the screening interview. Basic information will be taken from you during this interview. Read more on the Screening Interview page of this guide.

How often do you have to report asylum?

If you claimed asylum and have not had a decision yet, or have had your asylum claim refused, you may have to report (sign) at the Home Office at a specifi ed time each week, two weeks, or month or sometimes less regularly than this .

Can I get asylum in the UK in 2021?

The UK government may refuse to consider asylum claims made after 1 January 2021 if they believe you “could enjoy sufficient protection in a safe third country” if you travelled through other countries on your way to the UK. Read the section below to find out more about these new “inadmissibility” rules.

Can you be detained for asylum?

You could be detained at any time during your claim , but there are several points in the asylum process when it can be more likely to happen. The Home Office may detain you after you claim asylum, if they say that they are considering whether your asylum claim is “inadmissible”.

Can I claim asylum in the UK?

If you have come to the UK and you need to stay because you would be in danger in your country of origin or residence, and you want the UK to grant you international protection, you need to claim asylum. You claim asylum via the UK Home Office.