Asylum is a legal protection granted to individuals fleeing persecution in their home countries. It allows them to remain in a foreign country legally and access certain rights and benefits. To be eligible, individuals must demonstrate a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Seeking asylum is a complex process that involves applying either affirmatively or defensively and attending interviews and hearings.
Definition, Requirements, and Gaining Asylum in the US
Definition
Asylum is a form of protection provided to individuals who have been persecuted or fear persecution due to their race, religion, nationality, political opinion, or membership in a particular social group. It is a fundamental human right, recognized by international law, that allows people to seek safety in another country when their own government fails to protect them.
Requirements
To qualify for asylum in the United States, an individual must meet the following requirements:
1. Well-founded fear of persecution: The individual must demonstrate that they have faced or are likely to face serious harm, such as torture, imprisonment, or death, if they return to their home country.
2. Protected grounds: The persecution must be based on one of the five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group.
3. Government involvement: The persecution must be perpetrated by the government or by groups that the government is unable or unwilling to control.
Gaining Asylum in the US
There are two ways to apply for asylum in the United States:
1. Affirmative asylum: Individuals can apply for asylum within one year of entering the country, regardless of their immigration status. They must fill out an application and attend an interview with an asylum officer.
2. Defensive asylum: Individuals can apply for asylum as a defense against removal proceedings after being apprehended by immigration authorities. They must present their case before an immigration judge.
Legal Process for Representing an Asylum Seeker
When representing a client who meets the requirements for asylum, a lawyer typically follows these steps:
1. Initial consultation: The lawyer meets with the client to discuss their background, the persecution they faced or fear, and their eligibility for asylum.
2. Gathering evidence: The lawyer helps the client collect evidence to support their asylum claim, such as witness statements, medical records, or news articles.
3. Preparing the application: The lawyer assists the client in filling out the asylum application (Form I-589) and ensures that all necessary documentation is included.
4. Asylum interview: The lawyer prepares the client for the asylum interview and may accompany them to provide legal support.
5. Immigration court hearings: If the case is referred to an immigration judge, the lawyer represents the client in court, presenting evidence and arguments in support of their asylum claim.
6. Appeals: If the asylum claim is denied, the lawyer may file an appeal with the Board of Immigration Appeals (BIA) or, in some cases, with the federal circuit court.
7. Adjusting status: If the client is granted asylum, the lawyer can help them apply for permanent residency (green card) one year after the approval.
Throughout the process, the lawyer provides ongoing counsel and support to the client, ensuring that their rights are protected and that they have the best possible chance of securing asylum and building a new life in the United States.
