Introduction: Every year, individuals from various parts of the world seek refuge in the United States, driven by the urgent need for protection due to persecution or the fear of persecution. The asylum process provides a pathway for those who have experienced or anticipate persecution based on factors such as race, religion, nationality, membership in a particular social group, or political opinion. In this blog post, we explore the key aspects of the asylum application process, focusing on eligibility criteria, filing procedures, and considerations for dependents.
1. Eligibility Criteria:
To be eligible for asylum in the United States, individuals must have suffered persecution or fear persecution in their home country based on one of the following grounds:
Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion
Applicants must be physically present in the United States, and they must not be U.S. citizens.
2. Filing Procedures:
Online Filing for Affirmative Asylum Applicants:
Affirmative asylum applicants meeting certain criteria have the option to file an online Form I-589.Online filing is not available for those in immigration court proceedings, unaccompanied alien children in removal proceedings, specific categories outlined for mail filing, or those with pending Form I-589 applications.
Form I-589, Application for Asylum and for Withholding of Removal: The application must be filed within 1 year of arrival in the United States. There is no fee to apply for asylum.
Affirmative vs. Defensive Filings:
Affirmative asylum applicants proactively apply for asylum within the 1-year timeframe.
Defensive asylum applicants raise asylum as a defense in immigration court after being placed in removal proceedings.
3. Including Dependents:
Spouse and Children as Dependents:
Applicants may include their spouse and children as dependents on the asylum application. Dependents must be physically present in the United States. Children must be under 21 years old and unmarried.
Timeline for Including Dependents:
Dependents can be included at the time of filing or anytime until a final decision is made on the application.
Conclusion: The asylum process in the United States serves as a crucial lifeline for those fleeing persecution. Understanding the eligibility criteria, filing procedures, and the option to include dependents is vital for individuals seeking protection. By navigating the asylum application process, eligible applicants can hope to find safety and refuge in the land of liberty and opportunity.