Under the affirmative asylum process, the Immigration and Nationality Act INA requires USCIS to schedule the initial interview within 45 days after the application is filed and make a decision within days after the application date. Under the defensive asylum process, applicants must go through the immigration court system, which faces significant backlogs. As of July , there were over , pending immigration cases and the average wait time for an immigration hearing was days.
The backlog has been worsening over the past decade as the funding for immigration judges has failed to keep pace with an increasing case load. It depends. They remain in detention even after officials confirm their claims as credible, unless the officials decide the applicants are unlikely to flee and do not pose a safety threat. In addition, they must pay a bail, which they often cannot afford. If released, many asylum seekers are monitored by GPS ankle bracelets. Data show that 96 percent of asylum applicants show up to all their immigration court hearings.
Under prior administrations, immigration authorities regularly released migrants from custody while their cases were pending in the immigration court system. Those migrants were still required to check in with immigration authorities and attend hearings in immigration court. The Trump administration has modified these policies to release as few asylum seekers as possible.
A recent federal court decision requiring case-by-case determinations as to whether asylum seekers pose a flight risk or threat to public safety is likely to lead to more releases pending their hearings. Does the government provide defensive asylum seekers with appointed immigration lawyers?
Asylum seekers may hire their own attorney if they can afford to do so, but are not provided an attorney by the government, as criminal defendants are. Some attorneys offer pro bono services to asylum seekers and UACs in immigration proceedings. Chances of obtaining asylum are statistically five times higher if the applicant has an attorney.
In FY , 90 percent of applicants without an attorney were denied, while almost half of those with representation were successful in receiving asylum. Applicants are required to bring all of the documents they've racked up throughout the process, as well as things like birth certificates and marriage certificates.
Some people may choose to bring a lawyer along, which is allowed. And if an applicant doesn't speak English, they need to bring their own certified translator. Again, accessibility and transportation play a critical role here.
There are only eight Asylum Offices and two sub-offices in the entire country. The Chicago office, for example, services states as far away as Idaho. There are a few dozen field offices, but the availability of interview times may be limited. After the intervew, the fate of an asylum seeker lies in the asylum officer's hands. A few other people also must sign off on the decision, including a supervisory asylum officer. An approval, or "Grant of Asylum," officially gives someone asylum status and allows them to apply for things like a green card and immigration benefits.
A "no" comes in the form of a "Notice of Intent to Deny," which includes a short window for appeal. It's a months-long process. Even then, the final decision isn't always final. The cap on refugees is different. Resources to adjudicate make a decision on cases is one of the biggest limiting factors for the number of asylum admissions.
Common scenarios include religious and political persecution. However, families are leaving Guatemala, Honduras, El Salvador, and other countries based on reasons like:.
These are very real and common situations for asylum seekers reaching our southern border. However, they are generally very difficult asylum cases. This is how the asylum process works. Asylum seekers show up at a U. Generally, ports of entry include border crossings, airports and seaports. The current situation at the southern border is part of a problematic phenomenon.
Some call it a crisis. As a civilized nation with laws that facilitate the asylum process, the United States is legally bound to evaluate the claims made by asylum seekers. After all, most of these immigrants would prefer to stay in their country of origin if only they felt safe. Asylum seekers may travel as a large group because they are extremely vulnerable as individuals. Traveling with virtually no belongings or resources, asylum seekers take advantage of the security found in a caravan of similar migrants.
The applicant must be present in the United States and may apply for asylum at any port of entry. Generally, the applicant must submit Form I, Application for Asylum and for Withholding of Removal , within one year of arrival to the U. There is no fee to apply.
He or she must provide a qualified interpreter for the asylum interview. If the asylum seeker is already in removal proceedings deportation process through an immigration court, it becomes a defensive asylum process. The applicant is asking for the government to reverse its decision to deport and allow him or her to remain in the United States via asylum.
The immigration court provides a qualified interpreter for the asylum hearing and all other court proceedings. People in the defensive asylum process must go to removal deportation hearings in an immigration court. Immigration and Customs Enforcement ICE is responsible for arguing against the asylum seeker, and in favor of deportation.
Individuals will have the opportunity to defend themselves, either on their own or through a lawyer. Anyone who falls under the criteria established in the definitions of persecution or has a well-founded fear of persecution can apply for asylum while being present in the United States. They can include their spouses and unmarried children under 21 in their applications. Much of the I application is straight forward, but proving asylum goes far beyond filling out a form.
If you haven't gotten in touch by then and you are not in valid immigration status, the officer will mail a "referral notice for failure to appear" and a Notice to Appear in immigration court. In other words, you will be put in removal proceedings and have to see an immigration judge.
If you are in valid immigration status, your asylum application will be dismissed. Missing the interview might also prevent you from getting a work permit. After USCIS receives your complete asylum application and has held an interview with you, you will be asked to return to the asylum office to receive the decision of the asylum officer or the asylum officer will inform you that a decision will be mailed to you. Although you should receive a decision within two to three months, there have been reported wait times of six months to a year as of early The asylum officer will either grant your asylum application or refer your application to the immigration court.
If you are still in valid immigration status and the asylum officer does not believe you qualify for asylum, the asylum officer will deny your case. If the asylum officer refers your asylum application to the immigration court, you will be scheduled for a master calendar hearing your first appearance before the immigration judge.
There, the immigration judge might ask you whether you accept an expedited hearing. This will not affect how your case is processed or how likely it will be for you to obtain asylum. Instead, it will shorten all of your court deadlines. Under the expedited removal timeline, the immigration judge will issue a decision on your application within approximately days after your case is referred to the immigration court.
If you accept the expedited schedule, the immigration judge will likely schedule the individual merits hearing at which you will present your case at least 14 days after your master calendar hearing.
Sometimes the immigration judge or the government attorney will need to reschedule the hearing date or the immigration judge will not offer an expedited removal timeline.
Moreover, if you will be presenting a lot of facts and witnesses, the immigration judge might need to schedule several merits hearings.
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