The concept of asylum dates back to the earliest human societies. Our ancient ancestors understood that when a foreigner is persecuted by their own ruling elite, there is an ethical obligation to offer them sanctuary. This belief is alive and well in the United States today, and the Land of the Free has clear asylum laws in place. If you are threatened by certain hazards in your own country, you may be eligible to apply for asylum in the United States. This process can provide you with not only a means of escape but also a place to spend the rest of your life in safety. If you want to learn more about the asylum process, consider a consultation with an experienced immigration lawyer in the United States.
When Can I Seek Asylum in the United States?
The United States follows international law when it comes to asylum. According to the Universal Declaration of Human Rights under the United Nations, each human being on the face of the earth has the right to seek asylum in other countries. However, you may only seek asylum under this declaration if you are facing “persecution.” This does not apply to normal crimes. However, you may be able to seek asylum if you have been accused of “political crimes.”
The United States specifies that this prosecution must be based on your race, religion, or nationality. In addition, you can seek asylum if you are being persecuted based on your adherence to a specific type of social group or political opinion. You can seek asylum even if you fear persecution based on these factors – even if you are not currently being persecuted.
For example, you might live in a country that is rounding up communists. Perhaps you live in a country that has passed laws that unfairly tax Christians. Maybe the leader of your country has announced plans to arrest and execute everyone of a certain ethnicity. Whether these acts are currently occurring or merely planned, you would likely have the right to pursue asylum under these circumstances.
What Is the Definition of a Refugee in the United States?
In order to seek asylum status, you generally need to meet the definition of a “refugee” according to U.S. law. Refugees are “of special humanitarian concern” to the United States, and they must demonstrate that they were persecuted on the basis of their religion, race, nationality, political views, or membership in a social group. You are not a refugee if you are already “firmly settled” in a different country, and you must be admissible to the United States to claim refugee status.
The official legal definition of a refugee is much more complex in the United States. The USCIS notes that you cannot claim refugee status if you participated in the persecution of another group on the basis of religion, nationality, race, and so on. For example, you might have participated in a civil war between two ethnic groups in your home nation. Even if you were on the losing side of this conflict and were forced to flee, you may not be able to claim refugee status due to potential war crimes or acts of persecution.
Affirmative Asylum vs. Defensive Asylum
There are two main types of asylum in the United States. The first is affirmative asylum, which involves applying while already within the United States. If you plan to apply for affirmative asylum, you must file your application within one year of arrival.
Defensive asylum is for people trying to avoid deportation from the United States. For example, you might argue that you would face persecution if you were sent back to your home nation. Perhaps the law enforcement agencies of your home nation are waiting for your arrival, and you may fear incarceration, execution, or torture as a result.
Is it Easy to Gain Asylum in the United States?
According to various statistics, most asylum requests are denied by U.S. immigration authorities. That said, the United States accepts more refugees than any other nation. Over the past few decades alone, millions of refugees have successfully settled in the United States. Some refugees seem to have a higher chance of success than others. For example, Vietnamese asylum seekers generally experienced much more success than Iraqi asylum seekers.
Asylum is Not Your Only Option
Although asylum is a common strategy for many refugees and migrants, it is likely not your only option. The United States routinely offers different kinds of protections depending on the specific conflicts and political changes that occur from one year to the next. For example, the United States recently offered a number of new protections to Lebanese individuals due to the conflict that the nation was facing. These protections came in the form of Deferred Enforced Departure (DED) and Temporary Protected Status (TPS) rather than asylum.
You might also consider a work visa, especially if you have in-demand skills or experience valued by U.S. employers. It may be easier to emigrate to the United States than you realize, and the most effective immigration strategy depends entirely on your unique circumstances. This is something you may wish to discuss with an experienced Texas immigration lawyer – even if you feel that you are eligible for asylum in the United States. These lawyers can help you determine the most optimal route to residency in the United States.
Contact The Presti Law Firm, PLLC Today
Although online research can provide various insights about the asylum process, each case is different. It may be difficult to determine whether you are eligible for this process simply by reading an article. An experienced immigration attorney at Presti Law Firm, PLLC, may be able to offer more personalized, relevant guidance based on your unique challenges and circumstances. Our law firm is conveniently located in Dallas, Texas – but you can schedule a virtual consultation without having to visit the United States. Reach out today and get started with an action plan.