Asylum is a means by which one can migrate from one’s country to a foreign country through the act of seeking for protection. Claiming Asylum in the US as a Foreigners is possible on the grounds that the asylum seeker is unable to return to his country due to fear of persecution.
If a foreigner feels threatened because of either their Race, Political opinion, Sexuality, Religion, Membership in a particular social group and nationality, he or she can seek for protection in the United States of America. Below we will show you how possible it is to claim asylum in the US .
Asylum seekers come from different parts of the world yearly to the US boarder in search of a means to get into America. The United States of America is known as the highest receiver of Asylum seekers in the world. Recently due to President Trump’s administration putting a restriction on foreigners migrating into America, seeking Asylum in the US has become more difficult. Despite this restrain asylum is still granted to foreigners who seek it when they follow the proper procedure to request for it.
Claiming Asylum In The US How To Make It Possible
There are two ways by which a foreigner can seek asylum in the US. One is at the point of entry into the country. Either this entry is through the seaport, airport or through the boarders. A foreigner can seek asylum immediately he/she steps into the American soil. This process is called Affirmative asylum process;
Affirmative Asylum Process
A foreigner who intends to seek protection in America can get the necessary travel documents and while he is at the point of entry into the US, can request for asylum. Foreigners who fear being persecuted in their home country because of any of the reasons mentioned above can request for Asylum in America and receive protection from the US when it is granted.
Now this is the proper way asylum can be requested by a foreigner. Interested persons looking to flee their country to the US can embark on the journey from their country through either a tourist visa, a work permit or any other available means of entry into the United States. At the point of entry(airport, seaport or boarder) you can request for asylum and state your reasons for this request(Remember you reason should fall along the accepted conditions).
You will then be transferred to a USCIS ( U.S. Citizenship and Immigration Services) officer who will then determine your case and decides to grant or deny the application. This could either go well or it could be denied, it all depends on how well your credible fear interview went and how you are able to prove that you will be persecuted if you returned to your country. If the asylum request is denied the foreigner will be referred for removal after his visa expires.
There is another road a foreigner can take to request for asylum, Foreigners can apply for asylum within one year of their entry into the United States. This is still part of the Affirmative asylum process and the law gives room to foreigners who are in the US and have spent a year to apply for asylum. If this is the route taken, the foreigner will also face a USCIS officer and undergo credible fear interview where he will have to prove a well founded fear of persecution if he returns to his country.
Please note that within the period your asylum application is under review the applicant is not authorized to work in the United State. This process can take awhile depending on the number of persons on the list seeking for asylum. The other method by which a person can seek asylum is through the Defensive asylum process
Defensive Asylum Process
This process are for people facing removal from the United State and choose instead to request for asylum. A person who had initially requested for asylum through the Affirmative process and was denied can request for asylum at the point of removal through this process. Foreigners whose visa has expired and is facing deportation but fears persecution in his home country can seek for asylum through this method.
Once the request has been made, the applicant’s case will be transferred to an immigration court where it would be decided. The immigration judge would look into the case and determine if the applicant has enough ground to be granted asylum. It is advisable for the applicant to hire an Immigration lawyer to defend his case because in most cases foreigners who make use of Immigration lawyers stand a better chance of being granted asylum.
Also foreigners who gain entry into the United States without a visa and are caught at the boarder can also request for asylum through this defensive process. They will also be subjected to the credible fear interview and if their case is found to be credible they will be transferred to the Immigration court. Most of the time these sets of persons are detained pending when their case is determined.
It is worthy to note that foreigners can request to be a lawful permanent resident, or a green-card holder one year after their asylum request is granted. Asylee as they are mostly called are also eligible to work in the US once their asylum application has been granted.
Migrating to the US through asylum is not very easy but it is worth it to seek asylum in a country that is full of opportunities and potentials, especially if you face persecution in your home country. Therefore there wont be any harm in trying this “Claiming Asylum in the US” procedure we just exposed you to.