New anti-immigration measures: How to apply for asylum in the United States

With the imminent announcement of new measures to further curb the entry of asylum seekers through the southern border, it is important to know what ways to apply for asylum in the United States are available.

Get the help you need with your asylum application today with Jaskot Law.

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    New measures to curb entry of asylum seekers at southern border

    The Biden administration is preparing to announce in the coming weeks a new immigration rule that will seek to curb asylum applications to the country. This measure seeks to prevent migrants from applying for asylum in the United States after crossing the border, should they not previously did so in one of the countries they crossed.

    The arrival of undocumented migrants across the southern border has broken all records in the past year. As a result, there is speculation that this new measure is intended to discourage asylum claims at the southern border this year.

    asylum in the United States
    The arrival of undocumented migrants across the southern border seeking asylum in the United States has broken all records in the past year.

    It is true that the Biden administration has opened legal channels for immigration, such as Temporary Protected Status (TPS) or the repeal of Title 42. However, migrant rights advocates have harshly criticized the measure, comparing it to former President Trump’s anti-immigrant policies.

    The announcement of the new regulations is imminent, so it is useful to review the available ways to apply for asylum in the United States.

    If you find yourself in a complicated situation with your asylum application, contact a CTA immigration lawyer.

    How do I apply for asylum?

    There are three ways to apply for asylum in the United States according to the official USCIS regulations:

    • The Affirmative Asylum Process.
    • The Defensive Asylum Process.
    • The Asylum Merits Interview following a positive credible fear determination.

    Each of these processes has its own specific requirements and procedures, so it is important that you consult with an immigration lawyer.

    The Affirmative Asylum Process

    The first way to apply for asylum in the United States is the affirmative asylum process.

    This requires the person to be physically present in the United States. Please note that you must apply for asylum status regardless of how you arrived in the country or your current immigration status.

    To apply for affirmative asylum, you must meet the following requirements:

    • Demonstrate that you were or are afraid of being persecuted because of your race, religion, nationality, political opinion, or because you belong to a certain social group.
    • Be physically present in the United States (regardless of how you arrived) for less than one year from the date of your last entry.

    While asylum has to be applied for within a period of one year, it can be extended if you prove:

    • Circumstances that changed and directly affect your eligibility for asylum or extraordinary circumstances related to delays in the filing of the application
    • That you filed your application within a reasonable period of time due to such circumstances.

    To apply for affirmative asylum, you must file Form I-589 (Application for Asylum and for Withholding of Removal) with the USCIS. However, please note that, at this time, the agency is experiencing delays in issuing Form I-589 receipt notices.

    If your case is not approved, and you are not in lawful immigration status, a Form I-862 (Notice to Appear) will be issued, and your case will be sent or referred to an Immigration Judge at the Department of Justice’s Executive Office for Immigration Review (EOIR).

    In these cases, you should immediately resort to an immigration lawyer to advise you on your particular case.

    At Jaskot Law, we are here to help you. Call us today, and start your asylum application process safely and securely.

    Asylum Merits Interview after a positive credible fear determination

    If you are in expedited removal proceedings and intend to apply for asylum due to fear of persecution, torture or fear of return to your country, you will be referred to the USCIS for a credible fear assessment.

    A USCIS asylum officer will interview you to verify whether or a credible fear of persecution or torture is justified. In the event that the asylum officer verifies the veracity of the credible fear of persecution or torture, USCIS may:

    • Withhold and consider your asylum application, and your eligibility for withholding of removal and protection, under the Convention against Torture (CAT).
    • Issue a Notice to Appear before an immigration judge for consideration of your asylum, suspension of removal, and CAT protection claims.

    When you file Form I-589 with the immigration court, this will immediately place you in the defensive asylum process.

    Defensive Asylum Process

    This process implies a defense against removal from the United States. In this process, you should always seek the help of an immigration lawyer to intervene in your case.

    Generally, aliens are placed in defensive asylum proceedings in one of these two ways:

    • They are referred by USCIS to an immigration judge after it is determined, at the end of the affirmative asylum process, that they are ineligible for asylum.
    • They were placed in removal proceedings for arrests for attempting to enter the United States without the required documentation.
    Barbed wire wall with sky in the background
    An arrest for entry without the necessary documentation could complicate your application for asylum in the United States

    Immigration judges view defensive asylum cases in adversary proceedings, which are similar to a court hearing.

    Then, the immigration judge will decide whether you are eligible for asylum. If the decision is affirmative, you will be granted asylum. However, if you are ineligible, a determination will be made as to your eligibility for any other form of relief from removal.

    Otherwise, the judge will order removal from the United States. However, the immigration judge’s decision can be appealed.

    If you or someone you know needs help with their defensive asylum process, Jaskot Law is here to help. Call us today!