Asylum Services

 

“The United States offers asylum services to individuals who cannot return to their country of origin due to persecution or fear they will suffer persecution in the future if forced to return there. Our government refers to that fear as a “well-founded fear” of persecution. It’s not the end of it.”

 

A causal link must exist between the harm claimed or feared and an individual’s race, religion, nationality, political opinion, or social group membership. A nexus need is what the immigration laws refer to as the “because of” component.

The Biden administration released a memo on May 18 that sought to increase legal representation for many underrepresented groups in the country, including unaccompanied asylum-seekers.

In the memorandum from the Biden administration, shifts appear that are positive. Asylum seekers need more legal help to assert their asylum claims, particularly the most vulnerable.

The team plans to improve U.S. asylum processing while ensuring asylum seekers’ rights have protection through legal representation.

 

What is Asylum?

United States ratified the U.N. Refugee Status Protocol in 1968, establishing a legal obligation to protect foreign nationals unable to return to their countries of origin.

This protocol provides protections based on a well-established fear of persecution because of race, religion, nationality, membership in certain social groups, and political opinions. Afterward, the U.S. codified the protocol and guarantees into its domestic law through the Refugee Act of 1980.

The USA holds many asylum seekers in detention before they are commonly allowed to be heard. However, the asylum adjudication system differs from its criminal justice system. In immigration courts, the burden of proof is on the immigrant and not the government.

So, asylum seekers must refute the assumption that they do not need protection in the United States, just as criminal defendants assume innocence until proven guilty. Asylum seekers do not have that right, whereas criminal defendants do if they can’t afford a lawyer.

Asylum seekers will need to present their case against a U.S. attorney from Immigration and Customs Enforcement and an Executive Office for Immigration Review judge.

Asylum seekers must represent themselves in the system without access to indigent legal representation unless they can pay for legal counsel or receive pro bono representation.

 

The current system of representation

Asylum is protection for a foreigner who is being persecuted because of political, religious, or skin-colored motives and seeks refuge in a foreign country.

For asylum seekers, access to legal help relies on a sparse system of pro bono services. Organizations such as Human Rights First, the National Immigrant Justice Center, and the American Immigration Lawyers Association offer asylum seekers services.

For example, the Justice for Our Neighbors program provides free legal services but is often limited in resources and concentrated around cities.

While hundreds of organizations provide legal aid to asylum seekers, nonprofits present many challenges to ad hoc representation. These organizations are stretched thin with a surging application backlog and surging application numbers.

The federal government has offered legal services in immigration courts to vulnerable populations. An example is the National Qualified Representative Program, launched in 2013 by the Executive Office of Immigration Review, to match detained migrants with mental disabilities with lawyers.

The program serves only a small number of asylum seekers, and federal staff and contractors handle most of the work. Establishing a system that allows asylum-seekers, regardless of their nationality, to file their asylum claim effectively is essential.

 

What is the Asylum application process like?

USCIS will consider your asylum application “affirmatively” if you have never been generally removed from the country or detained by immigration. The application is not being filed in response to accusations against you but in response to your lawyer’s suggestion that you make the first move.

When you are already involved in a legal proceeding or have served time in jail, your application becomes “defensive.”

 

 

The asylum application form is I-589. This long form requires you to provide personal data about yourself, your family, and why you don’t want to return home to your country of birth.

Creating the I-589 asylum application is a complex process requiring the help of a competent immigration asylum lawyer with experience in that area. Please don’t take the risk of doing it yourself.

A team of asylum lawyers at Attorney Group has handled both affirmative and defensive asylum claims. Give us a call.

 

When will the Asylum office interview me?

As soon as you file for asylum, USCIS will acknowledge receipt of your application. Don’t lose that receipt! You may receive an appointment to take your fingerprints a few days later. Pay attention to all instructions on the appointment notice.

Currently, asylum applications filed after January 2018 follow a “last in, first out” policy. [See our blog posted on that topic here]. As a result, we are seeing interviews at the Asylum Office in just 5 – 6 weeks.

 

What is the interview like?

A U.S. government interview allows you to explain why you deserve asylum. To prepare for the questions the officer will ask you, and you need an asylum lawyer who has handled many cases. Additionally, they can assist you in collecting more evidence that will help the officer make a favorable decision.

The presence of your asylum lawyer at the interview can also be extremely helpful. Even though the officer “runs” the interview, you can ask your asylum lawyer to make a “closing statement, in which they summarize the main testimony, reference the background evidence, and points out things that help make a final “push” for your case.

 

Does the Asylum office provide interpreters?

There is no such thing. The responsibility for providing your adult interpreter lies with you. You do not need to find a certified interpreter. Just make sure they speak your language and English fluently. To ensure that the interpretation is accurate, phone monitors enter the interview process.

 

What happens after the interview?

The Asylum Office will likely send you an appointment letter to pick up the officer’s decision after the interview. Depending on the officer’s decision. You can be granted asylum or referred to Immigration Court.

If your case succeeds, you will be an Asylee in the United States, and your lawyer will explain your rights and obligations.

You can appeal your case to the Immigration Court if you receive a referral, meaning the Asylum Office has deemed your application unsuitable. The Immigration Court hears most asylum cases.

 

Do judges handle Asylum cases?

To succeed in the Immigration Court, you need the help of an experienced asylum lawyer! Currently, you are in removal proceedings, which means you will be generally removed from the United States if the Judge denies asylum. An attorney for the government and a judge presides.

Asylum lawyers advocate for clients – and make sure they receive justice fairly. Government attorneys are like prosecutors. Do not attempt to do this yourself. Attorney Group’s asylum lawyers have appeared in various immigration courts.

 

What happens after you win asylum?

If you win, certain family members can join you immediately! The I-730 form is necessary for this process. The I-730 application process has several important limitations, including who can apply and when the application must be filed.

Asylum applicants must file the I-730 within two years of their asylum grant. You should consult with an asylum attorney before filing the I-730.

 

I’ve heard there’s a filing deadline. Can you tell me about that?

To be considered for asylum, you must file within a year after your last entry. The burden of proving a timely filing rests with you. In exceptional circumstances, the filing rule can be waived. Some examples are a change in country conditions, a health issue, or ineffective help a prior lawyer provides.

 

Do you have experience with cases subject to an exception to the one-year filing deadline?

Despite the one-year issue, Attorney Group’s asylum lawyers have handled many cases involving clients who received asylum. We are happy to help you if your deadline has passed. Every case is unique.

 

What about a work permit while I’m waiting?

What an excellent question! Once USCIS receives your asylum application, a “clock” starts ticking once you have made the “first move” in filing an asylum application.

You can apply for a work permit once the clock has reached 150 days. Before granting the work permit, USCIS must wait 180 days.

However, suppose there is any delay in your application (for example, not bringing an interpreter to your asylum office interview, causing the interview to reschedule). In that case, your clock will stop, and you may not qualify for a work permit. Work with an asylum lawyer to prevent this from happening to you!

 

When can we apply for a green card if we are granted asylum?

Yes, of course! An immigration judge or the Asylum Office can grant you permanent residence after one year of being granted asylum if you want to apply for a green card.

In that case, you should work with an asylum lawyer since the application is highly detailed, and mistakes can cause delays and result in the application getting rejected. Once you have received a green card, it is possible to apply to become a citizen in the United States.

What happens if you apply for asylum without the assistance of a lawyer?

Without a lawyer submitting the necessary documents or preparing for an asylum interview, you will struggle. Additionally, you will need to research legal precedents to fill out the necessary documents and forms.

Although you might manage to sort out the paperwork, it might take you more time than a lawyer specializing in the field. You will have to determine if you want to delay your case to save money at that point. Chances are, you can’t afford to wait if you are seeking asylum in the first place.

Regarding the actual interview, you may also have difficulties without a lawyer. Many requests fail because of insufficient supporting evidence, overly vague testimony, and inadvertent inconsistencies.

The good news is that careful preparation can prevent such rejections. Still, if you do not have the help of an immigration attorney, you will have difficulty getting such assistance.

Often, pursuing an asylum claim without verifying your qualify can waste time. We can consider asylum a viable course of action if you meet the strict refugee criteria, which a skilled lawyer can determine. By eliminating the possibility of wasting time, money, and effort on an impossible task, you’ll be able to save time, money, and effort.

 

Possible solutions and upcoming changes

Asylum seekers are not receiving due process throughout the asylum process, which is the bedrock of U.S. values. A lack of legal representation is the greatest threat to asylum seekers.

Providing federal funding for legal representation could increase access to legal representation significantly. In the asylum process, asylum seekers should not rely on pro bono services provided by “good Samaritans”; access to legal representation should be equal and fair for everyone.

Legal organizations would be able to take on larger cases if federal funding were provided for representation.

During the next few years, the Biden administration plans to change how the U.S. asylum system operates drastically. In place of immigration judges, asylum officers will deal with making individual asylum decisions.

Despite the drastic changes to the asylum system in the U.S., improving access to legal representation remains a critical issue. The expansion of access to legal representation is an insignificant change.

Still, it could have a significant impact on asylum seekers as well as other individuals navigating the U.S. legal system alone.

 

Bottom line

The U.S. asylum system suffers from an inadequate supply of quality legal representation. Many migrants, despite credible asylum cases, have lost their asylum as a result.

A request for asylum services fundamentally changes a person’s life. A new beginning in the United States means giving up hope of returning to one’s country of origin.

Even migrants who have experienced persecution in their countries of origin may find it difficult to navigate the U.S. asylum system alone, regardless of their background. A fair chance at obtaining legal asylum should be generally provided to these populations by the United States with full legal representation.