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The U.S. asylum process has evolved significantly in the past few years as the policies continue to change with the changes in the government. You may feel confused, overwhelmed, and even at risk of deportation because you cannot understand the process or handle things on your own. If you are going through immigration problems, applying for asylum, or facing deportation, Call Kats Immigration Law today to increase your chances of staying in the U.S. legally and safely. Alina Kats understands how the asylum process works, prepares strong applications, and navigates the court system expertly to help you stay safe and build a better future in the US.
Asylum is a type of protection that is granted to a migrant who seeks to escape persecution or other harm in their home country. Asylum has been a crucial part of the US immigration law for decades, but the rising number of people seeking asylum at the US borders and a growing backlog in the immigration system has raised several questions on this protection.
The US policymakers have been trying hard to reduce the number of people granted asylum each year and President Trump has implemented a slew of policies to discourage would-be migrants from entering the US. He also intends to reverse several of the policies enacted by his predecessors and crack down unauthorized border crossings to reduce asylum. What was once considered an easy way to seek protection has now become increasingly difficult and uncertain.
Asylum is a protection given to foreign nationals who are already in the United States or arrive at the border and meet the international law definition of a refugee. An asylum seeker is a person who has left their country in search of protection from another country but has not yet been legally recognized as a refugee and awaits decision on their asylum claim.
The risk to their lives and safety was so great that they felt they had no other choice but to leave their home country and seek safety outside because their own government cannot or will not protect them from those dangers.
According to U.S. and international law, you must show that you have been persecuted or are at real risk because of at least one of these five reasons to qualify for asylum:
You have to prove that your government can’t or won’t protect you. Even though asylum offers the same protection as refugee status, migrants seeking asylum in the United States must apply for it within the country or at one of its 328 official ports of entry rather than from abroad.
In 2023, a record breaking 3.6 million new individual asylum applications were registered worldwide with new asylum claims made by nationals of Afghanistan, Colombia, Sudan, Syria, and Venezuela. By mid-2024, the number of new asylum applications had already exceeded two million.
The asylum process is complicated and involves several federal agencies, including the Department of Homeland Security (DHS), the Department of State, and the Department of Health and Human Services (HHS). Asylum seeker also have to navigate the US justice system if their case is sent to immigration court.
The asylees must be physically present within the United States or at an official port of entry. From there, they have 3 pathways to obtaining asylum. They are:
Immigrants with temporary legal status, such as short-term visa holders, can file an asylum application with U.S. Citizenship and Immigration Services (USCIS). They should apply for asylum within a year of arriving in the country, but there are exceptions for certain cases, such as medical emergencies.
If the application is denied, they are referred to immigration court for deportation proceedings, but can turn to a defensive asylum process.
If their asylum application is denied or they are apprehended for lack of valid documentation, migrants can request defensive asylum. Immigration and Customs Enforcement (ICE) handles those arrests inside the United States, while Customs and Border Protection (CBP) operates at ports of entry.
Defenses against deportation can include providing a credible fear of torture in asylee’s home country.
USCIS asylum officers have the authority to review and adjudicate the asylum claims of certain migrants facing expedited removal who had credible fears of persecution when they were caught crossing the border without authorization.
Related: When Should I Call A Deportation Defense Lawyer?
Several factors can result in denial, and asylum seekers can be barred from applying in the following cases:
After a claim is submitted, officials conduct interviews and background check to determine the validity of the application’s claims. They want to know if their fear of persecution is valid or just an attempt to stay in the US.
To qualify for asylum, applicants need to show that they fall under one of the five protected grounds of race, religion, nationality, political opinion, or membership in a particular social group. They must have the right legal representation to ensure their case proceeds smoothly. Defendants do not have the right to government-appointed counsel in asylum cases if they cannot afford a lawyer. However, several nonprofit and faith-based organizations offer free legal services to displaced people.
Asylees can benefit from several services and facilities through HHS’s Office of Refugee Resettlement, which works with state governments, local resettlement agencies, and other nonprofit organizations to provide job training, English language classes, and cash and medical assistance for up to a year.
They can also apply for other benefits including Social Security, employment authorization, permission to travel overseas, and petition to bring their spouse or family members into the country through a process known as derivative asylum. Resettlement agencies also help them find a place to live and begin their life in the United States.
After they have lived here for one year, asylees can apply to become lawful permanent residents, also known as green card holders. However, during this period, they must meet the definition of a refugee. Asylums can be revoked if they are found to be a threat to public safety.
Related: What Are the VAWA Immigration Requirements?
Before the Refugee Act of 1980 was passed, the US government granted asylum on ad hoc basis, including post-World War II and during Cold War. However, during that time too, asylum was refused to certain groups.
The 1980 law created the current statutory basis for asylum, guaranteeing family reunification rights and providing migrants seeking asylum with a path to permanent residency after two years.
While there is no limit on the number of asylum requests the government can grant each year, officials can reject asylum applicants even if they qualify for refugee status under international law. However, in the first few years of the COVID-19 pandemic, border closures, partial government shutdowns, and slow processing times resulted in a sharp drop in asylum approvals. During this time, the backlog of asylum cases pending in the immigration courts kept growing, and by the end of 2024, it reached 1.5 million.
On the first day of his second administration, President Trump declared a national emergency at the US-Mexico border, citing the current situation as an ‘invasion’. He also directed the federal agencies to restart the Remain in Mexico policy and has announced restrictions on asylum.
This includes shutting down various programs that make it easy for asylum seekers to apply for asylum. The news is that the US is also in the process of deporting migrants from different countries to several other countries in the region.
The US asylum process has become more complex. Combined with delays, strict deadlines and technicalities, asylum seekers need to understand the significance of presenting their cases effectively to ensure desired outcomes. Having a good immigration attorney can make a huge difference in your asylum and immigration case.
Alina Kats offers timely and trustworthy legal representation that can protect you from deportation. She understands the system really well and knows how to prepare and file your application the best way to protect your rights. She works with immigration law on daily basis and has the latest updates about policy changes, which help her do the best for you.