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.
How does Skylex protect asylum-seekers?
Skylex is dedicated to ensuring that asylum seekers have their claims for refugee status heard fairly and efficiently. We assist them in accessing essential standards of treatment and support while they await the outcome of their applications. In the long term, we collaborate with countries to strengthen their asylum systems and laws.
Advocacy for Fair Hearings: We strive to guarantee that asylum seekers’ claims for refugee status are heard impartially and promptly. Our goal is to help them reach safety, file their claims without barriers, and prevent their return to dangerous areas until their claims are thoroughly examined.
Access to Rights and Support: We work to ensure that asylum seekers receive the protections they are entitled to while awaiting the outcome of their claims. This includes collaborating with governments and partners to facilitate access to education, healthcare, and other essential services.
Opposition to Detention: Asylum seekers should not be detained solely for entering a country irregularly, nor should they be confined while awaiting their claims. We advocate for alternative solutions, such as community care or housing in private or government shelters. Our efforts also focus on opposing policies that detain children, which subjects them to trauma and a childhood spent in cramped facilities. When detention is unavoidable, we visit these facilities to ensure they meet international standards and that detainees can access asylum procedures. We assess conditions, such as the number of detainees held together, privacy, and the quality of food, clothing, and medical care provided. Our findings are used to work with governments to address any identified issues and improve conditions.
Immigration Services from
Experienced Agents
At Skylex, we specialize in providing expert counseling for skilled professionals seeking Permanent Residency Visas in Canada, Australia, and Hong Kong. As a registered visa consultancy company associated with the Ministry of Corporate Affairs, Indian Government, we offer genuine and trusted immigration services and solutions. With a team of over 100 experienced immigration counselors, we are dedicated to assisting hundreds of visa applicants, boasting an outstanding success rate. Our commitment to excellence ensures that you receive the guidance and support you need throughout the immigration process.
100 % Genuine Assistance
Faster & Reliable Execution with Experts
Common Issues Leading to Asylum Applications in the USA for Indian Nationals
Human Rights Violations
"We offer expert legal support to individuals facing human rights abuses in India, ensuring their safe passage to the USA through the asylum process. Our goal is to protect your dignity and fundamental rights."
Religious Persecution
"For those facing persecution due to their religious beliefs, we provide comprehensive assistance to help you secure asylum in the USA, where religious freedom is deeply respected and protected."
Political Persecution
"If you are at risk due to your political beliefs or activism, our specialists will guide you through the asylum application process, ensuring your safety and the right to express your political opinions freely in the USA."
Caste-Based Discrimination
"We provide a pathway to asylum in the USA for individuals affected by caste-based discrimination in India, ensuring equality, fairness, and the opportunity for a dignified life."
Gender-Based Violence and Inequality
"We assist women and individuals facing gender-based violence and inequality in India, helping them find refuge in the USA, where gender equality and personal safety are prioritized."
LGBTQ+ Discrimination
"For LGBTQ+ individuals facing persecution or discrimination in India, we offer compassionate and professional guidance to secure asylum in the USA, where you can live freely and without fear."
Journalists and Media Persecution
"For journalists and media professionals facing censorship or threats for exposing the truth, we provide legal pathways to asylum in the USA, where freedom of the press is a constitutional right."
Persecution for Social or Environmental Activism
"We help social activists, environmental advocates, and human rights defenders who face persecution in India find safety in the USA, allowing them to continue their work without fear of retribution."
Ethnic Minority Persecution
"Our legal team supports ethnic minorities facing discrimination or persecution in India, guiding them through the asylum process so they can live without fear in the USA, where diversity is celebrated."
Freedom from Forced Marriage
"For those at risk of forced or arranged marriages, we provide a legal pathway to asylum in the USA, where you can make life choices freely and without coercion."
