• The United States Citizenship and Immigration Services (USCIS) outlines specific guidelines and procedures for individuals seeking asylum in the United States through the affirmative asylum process. Asylum is a form of protection granted to foreign nationals who have been persecuted or fear persecution due to race, religion, nationality, membership in a particular social group, or political opinion.
• To begin with, eligibility for asylum is available to those who are at a U.S. port of entry or are already present in the United States. Applicants must file for asylum within one year of arrival unless they can demonstrate changed or extraordinary circumstances that justify the delay. Changed circumstances may include changes in the conditions of the applicant’s home country or personal changes that impact eligibility. Extraordinary circumstances can encompass serious illness, mental or physical disabilities, or ineffective assistance of counsel.
• In terms of the application process, individuals must complete Form I-589, Application for Asylum and for Withholding of Removal. This application must include details about the applicant’s spouse and children, regardless of whether they are included in the asylum request. It is important to note that applicants are not barred from applying for asylum due to illegal status in the U.S. However, those with criminal convictions may face bars to receiving asylum, depending on the nature of the crime.
• Furthermore, applicants can include their spouses and unmarried children under 21 years old who are in the U.S. as dependents on their asylum application. If granted asylum, these dependents are also granted asylum status. For family members outside the U.S., asylees may file Form I-730 to bring them to the country.
• Every asylum applicant undergoes a series of background and security checks, including FBI fingerprinting and biographical information checks. This process ensures that applicants do not pose a danger to the United States or have a criminal background that may disqualify them from asylum eligibility.
• The asylum application process involves a comprehensive interview with an asylum officer who assesses whether the applicant meets the definition of a refugee and evaluates potential bars to asylum. These bars include participation in persecution, serious criminal activity, posing a threat to U.S. security, or having resettled in another country before arriving in the United States.
• Moreover, there is no fee to apply for asylum, and applicants are encouraged to bring a lawyer or representative to their interviews. Those who do not speak English fluently must provide their interpreters, who must meet specific requirements.
• In addition to the application process, asylum applicants must also be aware of travel restrictions. Those who wish to travel outside the U.S. before their asylum application is adjudicated must apply for advance parole. Similarly, asylees who have been granted asylum must obtain a refugee travel document before traveling abroad to ensure their reentry into the U.S.
• Finally, it is essential to emphasize that confidentiality of asylum-related information is protected by law and cannot be disclosed to third parties without consent. Minor children are also eligible to apply for asylum, with specific procedures in place to protect their rights and interests.
• Overall, the affirmative asylum process is designed to provide protection to those who qualify while ensuring that all applications are thoroughly evaluated for eligibility and potential risks. Through this process, the United States aims to uphold its commitment to humanitarian protection for individuals facing persecution.