How to Seek Asylum in the USA

A Comprehensive Guide to Applying for Asylum in the United States

Overview

Applying for asylum in the United States can be a complicated process that involves multiple steps. Asylum is a form of protection granted to refugees who have fled their home countries due to persecution, fear of persecution, or war. In this blog post, we will provide a comprehensive guide on how to seek asylum in the USA and discuss how an immigration lawyer can help you navigate the process.

The Asylum Process

The first step in seeking asylum in the US is to complete Form I-589, Application for Asylum and for Withholding of Removal, within one year of your arrival in the country. This form is available for online completion via myuscis.gov, but there are requirements for online filing that not all applicants may meet. Once you have submitted the form, you will have an ASC appointment for your fingerprinting and then be scheduled for an interview with an asylum officer.

During the interview, the asylum officer will determine if you meet the definition of a refugee as provided by the INS and if there are any reasons why you are prevented from being given asylum. After the interview, you will receive a decision in approximately two weeks. The decision may include a determination that you are eligible for asylum, a referral of your asylum application to an immigration court for further review, or a Notice of Intent to Deny (NOID) if you are found to be ineligible for asylum.

How an Immigration Lawyer Can Help

While legal representation is not required to obtain asylum, an experienced immigration lawyer can prove helpful in many ways. They can help you fill out and understand the application process, prove your status as a person facing credible threats in your home country, prepare you for your interview, and represent you in immigration proceedings. They can also advise you of your rights, help you understand why your application was denied, and assist you with correcting any problems with your application.

California Laws Protecting Immigrants' Civil Rights

California has several laws in place to protect the civil rights of immigrants, including the Transparent Review of Unjust Transfers and Holds (TRUTH) Act, the Racial and Identity Profiling Act (AB 953), and the Immigrant Victims of Crime Equity Act. These laws require law enforcement agencies to provide individuals in their custody with basic due process and information about their rights, collect and report data on complaints that allege racial or identity profiling, and certify the helpfulness of immigrant crime victims as part of the federal U visa certification.

Conclusion

Seeking asylum in the USA can be a challenging and complex process. It is important to complete Form I-589 within one year of arrival and understand the steps involved in the asylum process. An experienced immigration lawyer can help you navigate the process and ensure that your rights are protected. Additionally, California has several laws in place to protect the civil rights of immigrants, including those seeking asylum.