Whether or not you may be granted asylum in the U.S. depends on several factors, including the current presidential administration’s outlook on people escaping persecution. Everyone’s chance at success are different depending on the specific facts of their situation. However, there are certain general principles that any potential asylum application should keep in mind.
The main standard for asylum is an unwillingness or inability to return home due to a well-founded fear based on your race, religion, political views, nationality, or membership in a particular social group. In other words, you must qualify under the legal definition of a refugee. Primarily, the chances of success for your particular application will depend on your written statement and the evidence you can gather to support your written statement.
Types of Asylum Applications
Asylum applications can be either affirmative or defensive. Your request is affirmative if you are not yet placed under deportation proceedings. The claim otherwise may be defensive. In affirmative claims, USCIS schedules the initial interview with the asylum office covering your place of residence. That interview can take a long time, sometimes years. Similarly, in defensive requests, the immigration court may also take years to reach a result.
Some Tips for Success
Here are some tips for success regardless of the type of your asylum application:
- Apply within a year of your recent arrival and show the necessary paperwork in case of exceptions.
- Initiate the process by accurately and completely filling out Form I-589, which can be obtained for free from the USCIS website.
- Include personal supporting documents, especially a strong and detailed written statement about your fear of returning, which includes as much direct evidence of persecution as possible.
- Have an expert witness who knows about the particular circumstances in your country, and can write a report and/or testify your claim.
- Include comprehensive, relevant, and fact-intensive witness statements such as from a medical practitioner, government officials, or family and friends.
- Prove the relationship with your spouse or kids (under 21) if they’re eligible for asylum.
Wining the Asylum Case
Given the complexities of the U.S. laws on granting asylum status, your best bet may be to thoroughly browse through your legal options and understand the rules that apply in your situation. Preparing the essential paperwork and evidence is even more critical. Double-check all material facts so you do not trip over any facts, and your interview or hearing goes smoothly. Having a qualified attorney can be of enormous help. For more details on the asylum application process and how an asylum attorney from the Haq Law may be able to prepare you for a win, schedule a consultation with us.