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To be granted asylum in the United States, it is crucial to present evidence demonstrating a valid concern for persecution based on race, religion, nationality, political beliefs, or membership in a specific social group if you return to your home country. It is accomplished during an interview with a USCIS officer.
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Contents
Defending You in Court
To be granted affirmative asylum, you must prove that you are a refugee and fear persecution in your home country based on protected grounds. These include religion, race, nationality, political opinion, and membership in a particular social group (which can encompass everything from domestic violence to gender discrimination).
Once you have demonstrated that you are a refugee, the next step is proving that you will be persecuted if you return to your home country. It is known as the “credible fear” process.
It is crucial to have an experienced USA asylum attorney to help you through this interview. Your attorney will prepare you, make sure all documents are ready, and file them with the government. Your attorney will also represent you at your interview with a Judge and the government attorney. It is no small task. A reasonable attorney can dramatically increase your odds of success.
How to File a Petition
Your attorney will submit your petition to the appropriate authorities and inform you at every step. They can also help you apply for work authorization and check the status of your case so that you know what is going on.
To qualify for asylum, you must show a well-founded fear of persecution if you return to your country of origin. Persecution can only occur based on an individual’s race, religion, nationality, political opinion, or membership in a particular social group.
If an asylum officer determines you do not qualify for asylum after the vetting process, they will refer your case to immigration court. Your application will become defensive at that point, and the process will move much faster.
Filing an Appeals Petition
Generally, you must file for asylum within one year of your most recent arrival in the United States. In some rare cases, there may be exceptions to the standard procedures for seeking asylum. These may include extreme health concerns, a previous lawyer’s inadequate assistance, or significant changes in the conditions of your home country. To be eligible for asylum, you must provide evidence of persecution based on religion, race, nationality, political views, or social group. To establish this, you must demonstrate that you have faced previous persecution or have a justifiable fear of future persecution based on your beliefs.
An asylum officer will interview you to determine if you qualify for asylum. You must have your attorney present for this interview to explain your traumatic history and demonstrate your fears. It is also helpful to have an interpreter with you for the interview. If the asylum officer recommends that you be granted asylum, you will receive a letter of approval from USCIS, and you can then apply for work authorization.
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Representing You at Your Interview
Every year, tens of thousands of non-citizens who have entered the United States seek asylum through a complex application process with USCIS. They have to prove that they would face persecution in their country of origin and have a well-founded fear of such persecution.
Once they file the necessary documents with USCIS, the service will schedule an interview with an asylum officer. It is the opportunity for them to explain their fears in person and why they believe they qualify for asylum.
The AO will review your entire asylum file before the interview and ask you questions privately. Only you, the AO, and any interpreter you bring will be in the room during the interview.
Your attorney will be present at your interview and will help you answer all of the AO’s questions and provide the relevant information to support your asylum claim. Asylum interviews can take up to 4 hours, and having your lawyer present will maximize your chances of a successful outcome.