What is an Asylum Application?

Introduction: Every year, individuals from various parts of the world seek refuge in the United States due to a need for urgent protection from persecution or a fear of persecution. The asylum process provides a pathway for those who have been persecuted or have a well-founded fear of persecution based on factors such as race, religion, nationality, membership in a particular social group, or political opinion. In this blog post, we will examine the key aspects of the asylum application process, focusing on eligibility criteria, application procedures, and issues related to dependents.

1. Eligibility Criteria:

To be eligible for asylum in the United States, individuals must have been persecuted or have a well-founded fear of 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 not be U.S. citizens.

2. Application Procedures:

Online Application for Approved Asylum Applicants:

Those approved asylum applicants who meet specific criteria have the option to complete Form I-589 online. The online application is not available for those involved in immigration court proceedings, unaccompanied foreign children involved in deportation proceedings, certain categories specified for paper applications, or pending Form I-589 applications.

Form I-589, Application for Asylum and for Withholding of Removal: The application must be submitted within 1 year of arrival in the United States. There is no fee for filing an asylum application.

Affirmative and Defensive Applications:

Those making an affirmative asylum application proactively file for asylum within a 1-year time frame.

Those making a defensive asylum application file for asylum as a defense after being subjected to deportation proceedings.

3. Inclusion of Dependents:

Spouses and Children as Dependents:

Applicants may add their spouses and children as dependents on their asylum application. Dependents must be physically present in the United States. Children must be under 21 years of age and unmarried.

Timeline for Inclusion of Dependents:

Dependents can be included at any time during the application or until a final decision is made regarding the application.

Conclusion:

The asylum process in the United States serves as a crucial lifeline for those fleeing persecution. Understanding the eligibility criteria, application procedures, and the option to include dependents is vital for individuals seeking protection. By navigating the asylum application process, eligible applicants may hope to find safety and refuge in the land of freedom and opportunity.