Rostam Blog
Asylum in the News – What You Should Know
Central American refugees who sought asylum in the U.S., and then lost their appeals to stay, are the target of ongoing deportation raids. This is effectively forcing some people to return to their native country to face the extreme violence (even death) which they were trying to escape in the first place. Winning an appeal to remain in the U.S. is difficult. If you are trying to remain in the country on asylum, it will be difficult but not impossible. The New York Times is reporting that 80% of recent asylum appeals have ended in deportation.
What’s sad is that 67% of these deportation cases have been tried where the immigrant didn’t show up in court – that’s an automatic loss ruling in favor of deportation. A deportation hearing is obviously scary and it’s easy to be fearful of even attending. However, immigrants who obtained legal representation and appeared in court were much more likely to win their asylum cases! The New York Times quotes Cecillia Wang, the director of the Immigrants’ Rights project for the ACLU, as saying, “Many of these mothers and children had no lawyers because they could not afford them. Without counsel, traumatized refugees don’t understand what is happening in court and cannot get their legitimate asylum claims heard.”
Who is Eligible for Asylum?
The purpose of asylum is typically to provide relief from dangerous social or political conditions and ensure that these people can live safely. There are 3 requirements to be eligible for asylum. The person must first prove that they are fearful of being persecuted. Secondly, they must prove that their government cannot or will not stop the persecution. Lastly, the persecution must be due to the applicant’s race, religion, nationality, political views, or social group. If you feel as though you qualify, you may want to consider applying for asylum. The process of escaping a dangerous situation is stressful enough as it is. Working with lawyers to obtain, or keep your asylum status will ease some headaches and give you a better chance of staying in the U.S.
You may only receive asylum if you are arriving or already present in the United States. You must file form I-589, Application for Asylum and for Withholding of Removal, at the appropriate Service Center. These forms may be confusing, and you want to make sure you fill them out correctly on the first try to avoid delaying your asylum status. Regardless of your immigration status, you can apply for asylum. However, you typically have to apply within one year of your arrival in the US. If you previously applied for asylum and were denied, you cannot apply again unless you can prove that circumstances have changed that put you in a dangerous situation. If you have any questions about your status, it is advised to consult with an immigration lawyer.
People who have come to the U.S. on asylum have left their homes and families searching for a safer place to live. It is a very difficult decision and immense effort is required. That effort should not go to waste because of fear or lack of understanding of the asylum process. A qualified attorney can ensure proper consideration of your case.
If you are considering applying for asylum, have lost an appeal for asylum, or are facing deportation you have already experienced tragedy that no one should have to go through. You deserve to find sanctuary and safety in the U.S. Luckily, this struggle does not have to be fought on your own. Thanks to immigration lawyers who have dedicated their lives to helping those in need, there is hope to navigate the overwhelming processes to achieve asylum status.