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The Asylum Application Process

The Asylum Application Process

 

Should You Claim Asylum in Response to Deportation?

In the current world scenario, seeking asylum has become very common. People flee their countries for different reasons, including persecution, war, terrorism, or violence. Asylum is a life-saving option for such individuals. However, when facing deportation from a foreign country, the question arises, should you claim asylum? This article answers this question by discussing what asylum means, when to claim it, and the pros and cons of claiming it during deportation.

What is Asylum?

Asylum is protection offered by a country to those who flee their country of origin due to fear of persecution or danger. It is a human right and one of the ways that international law protects refugees. The United Nations 1951 Convention on Refugees defines a refugee as a person who “”owing to a well-founded fear of being persecuted for reasons of race, religion, nationality, membership of a particular social group or political opinion, is outside the country of his nationality and is unable or, owing to such fear, is unwilling to avail himself of the protection of that country.””

The process of claiming asylum involves applying for protection in the country where the person seeks refuge. The applicant has to prove to the authorities that they meet the legal definition of a refugee. Once granted asylum, the person is given legal status, and they can stay in the country for as long as necessary or until they can safely return home.

When to Claim Asylum?

Asylum can be claimed when a person fears for their safety if they return to their home country. However, claiming asylum must be done within a specific timeframe, and it must meet certain requirements outlined in the country’s immigration laws.

It is important to claim asylum as soon as possible because the longer a person waits, the more difficult it becomes to prove their need. Furthermore, claiming asylum does not exempt a person from the responsibility of complying with immigration laws in the country they seek refuge.

Pros of Claiming Asylum

1. Legal Status

Claiming asylum gives a person legal status in the country they seek refuge, which allows them to work and access public services like healthcare and education. Legal status can also provide a pathway to permanent residency and citizenship in some countries.

2. Protection from Deportation

One of the most significant benefits of claiming asylum is that it can prevent a person from being deported. Asylum grants temporary protection from deportation while the application is pending. This could potentially give the person additional time to find a legal way to stay in the country, whether through a visa or residency application.

3. Access to International Protection

Asylum seekers are entitled to international protection under the 1951 Convention on Refugees. Protection includes rights like the right to not be forcibly returned to their country of origin, the right to family reunification, and the right to non-refoulement- the act of not being sent back to a place where one is likely to be persecuted.

Cons of Claiming Asylum

1. Difficulty in the Application Process

Claiming asylum can be a long and complicated process that involves a lot of paperwork, interviews, and evidence. The process of proving that a person meets the legal definition of a refugee can be challenging, and their claim may be rejected.

2. Limited Options

Asylum seekers may be restricted to certain geographic locations, or they may be placed in detention centers. They may also be barred from working or accessing certain public services. This can make life extremely difficult for those seeking asylum.

3. Risk of Deportation if the Application is Rejected

If an asylum application is rejected, the person may be deported to their country of origin. This could put their lives at risk, especially if they were threatened with harm or persecution by the government or other groups in their home country.

Current Situation

In the United States, the approach to asylum has changed over recent years. In 2018, the Trump administration passed several executive orders aimed at reducing the number of asylum seekers in the country. Among these measures was the Migrant Protection Protocols, also known as the “”Remain in Mexico”” program. This program required asylum seekers from Central America to wait in Mexico while their applications were processed.

Additionally, in response to the COVID-19 pandemic, the US government limited asylum seekers’ ability to enter the country. In March of 2020, the Department of Homeland Security and the Centers for Disease Control and Prevention issued orders to restrict non-essential travel to the US. This included denying entry to immigrants, non-immigrants, and refugees.

Following the election of President Joe Biden, there have been some changes in the approach to asylum in the US. In his first 100 days in office, President Biden signed a series of executive orders aimed at reinstating and expanding asylum protections. These orders included ending the “”Remain in Mexico”” program and implementing more humane policies for asylum seekers.

In conclusion, claiming asylum in response to deportation is a complex decision that requires careful consideration of the risks and benefits. The decision to claim asylum should be based on the individual’s need for protection and the legality of the claim. While there are pros and cons to seeking asylum, it remains a vital human right and one of the most significant protections offered to refugees. It is essential to stay informed about the current laws and policies regarding asylum in the country you seek refuge in so that you can make the best possible decision for your situation.


Fees

Almost always, the immigration application process involves fees. To be sure, an application for asylum may too, but out of fairness to the party that is need of American protection, there is no initial fee for the submission of Form I-589, the Application for Asylum and Withholding of Removal, nor is there any charge for the filing of form I-730, Refugee/Asylum Relative Petition.

As with the petition for family of U.S. citizens to come to the country, the federal government facilitates the route in some way for families as symbolic of the understanding that the stable family is critical to the strength of the global welfare. Going back to what might come into play with processing, administrative fees for fingerprints and biometrics could be assessed, but there is a chance they too may be waived for applicants.

Visas

The actual appeal process – This is where the immigration application process may differ not in the absence of feed and forms, but in the inclusion of something else, namely a court hearing. Upon successful filing of the I-589 form, which may be asked for upon arrival or requested and filed up to year after arrival (given unusual circumstances), the applicant will take part in an interview with an Asylum Officer at a Service Center or closest available satellite USCIS office. After the applicant makes his or her case, the Officer will either attribute due cause and grant the desired status or deny asylum and refer the case to an immigrant courtdeportation.