Asylum for Indians
How Does Asylum Help People Fleeing Persecution?
Asylum is a crucial refuge for individuals fleeing persecution, providing them with safety and the chance to rebuild their lives. When granted asylum, individuals are protected from being returned to their home countries, where they may face threats or violence. Asylees can work in the United States, apply for a Social Security card, and request permission to travel overseas. Family reunification allows them to bring loved ones to the U.S., creating essential emotional support. Additionally, many asylees qualify for government programs like Medicaid, aiding their transition. At Skylex, we are committed to helping individuals from India navigate the asylum process. The rights of migrants, refugees and asylum seekers are protected by international law, regardless of how and why they arrive in a country. They have the same rights as everyone else, plus special or specific protections including:
What Is the Asylum Application Process?
There are two primary pathways for individuals to apply for asylum in the United States: affirmatively and defensively. In 2022, a regulation known as the Asylum Processing Rule introduced a third option for certain individuals arriving at the border, combining elements of both processes on an expedited timeline.
Affirmative Asylum: allows individuals who are not in removal proceedings, or those designated as "unaccompanied children," to apply through U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security (DHS). If the USCIS officer denies the application and the individual lacks lawful immigration status, the case is referred to immigration court for removal proceedings, where they can renew their asylum request defensively.
Defensive Asylum: is for individuals already in removal proceedings. They file their application with an immigration judge at the Executive Office for Immigration Review (EOIR). This process serves as a defense against removal from the U.S. Unlike criminal court, EOIR does not provide appointed counsel, leaving individuals without representation if they cannot afford an attorney.
Asylum Processing Rule: is effective May 31, 2022, expedites the process for some individuals entering the U.S. Those placed in expedited removal who express fear of persecution undergo a credible fear interview, initiating a defensive asylum claim. Rather than going directly to immigration court, these individuals meet with an asylum officer within 21 to 45 days for a non-adversarial Asylum Merits Interview. The officer can grant or deny asylum; if denied, the case proceeds to an immigration judge. Additionally, those denied asylum may be evaluated for withholding of removal and protection under the Convention Against Torture, adding a critical layer to the defensive process.
Applying for Asylum
What is asylum?
Asylum is a protection granted to individuals who flee their home countries due to a well-founded fear of persecution or harm. It allows them to stay in the United States instead of facing deportation to unsafe environments, ensuring their safety.
Types of Asylum
There are two main paths to claim asylum in the U.S. The **affirmative asylum process** is for individuals not in removal proceedings, allowing them to apply directly to U.S. Citizenship and Immigration Services. The **defensive asylum process** is for those already in removal proceedings, applying before an immigration judge
Applying for Affirmative Asylum
The U.S. government, not UNHCR, conducts the asylum process, which includes both affirmative and defensive applications. For detailed information about the affirmative asylum process, individuals can consult resources provided by U.S. Citizenship and Immigration Services (USCIS).
Applying for Defensive Asylum
The U.S. government, not UNHCR, manages the asylum process, including defensive applications. For further information on applying for defensive asylum, individuals can refer to resources provided by the Florence Project, which offers guidance and support for asylum seekers.
Restrictions
Several restrictions, known as “bars” to asylum, can impact your eligibility. You may be ineligible if you have a prior asylum denial, were convicted of a serious crime, or if you participated in persecution against others.
Useful Documents
To apply for asylum, withholding of removal, or relief under the Convention Against Torture (CAT) in the United States, you must complete Form I-589 and submit it to USCIS along with the required supporting documents and attachments.