What is the Asylum Process?

The asylum process is a set of steps that individuals must go through to apply for protection in the U.S. from a foreign country. This typically includes filing an application with the U.S. Asylum Office/relevant government agency, gathering supporting documentation, attending interviews or hearings, and waiting for a decision on your case. The process can be complex and lengthy, but with the help of an experienced immigration attorney, you can navigate it more easily.

What is Asylum?

Asylum is the protection granted by a state/U.S. to someone who is fleeing persecution in their home country. For example, an asylum seeker seeks protection and refuge while in the U.S. while a refugee is usually one who is granted refugee status from outside the U.S. if they are fleeing violence or political persecution in their home country. The asylum application process can involve undergoing extensive interviews and screenings, as well as providing detailed documentation of one’s reasons for seeking asylum. While the asylum process can often be challenging, it is designed to protect those who are vulnerable and at risk in their home countries.

Why Do Individuals Seek Asylum?

Asylum seekers in the United States are often individuals who are fleeing war, persecution, or other dangerous situations in their home countries. They may seek asylum in the US for a variety of reasons, including protection from political or religious persecution, fear of violence or discrimination, or simply a desire to start a new life.

In general, people who seek asylum in the US receive a range of benefits and protections. They typically have access to basic services such as housing, food, healthcare, and education while their application is being processed. They may also be eligible for work permits and protection from deportation during this time.

Affirmative Asylum vs. Defensive Asylum

Affirmative asylum and defensive asylum are two different ways of seeking asylum in the US. Affirmative asylum refers to an individual who applies for asylum when they are in the U.S. but not in Immigration Court proceedings for deportation/removal, while Defensive asylum refers to someone who applies for asylum after they have entered the US and are in immigration court facing deportation proceedings.  When the Asylum Office receives an Affirmative Asylum Application and is unable to make a decision, it refers the case to Immigration Court and then the case becomes a Defensive Asylum case.

Under either asylum option, a person must provide substantial evidence to the government showing the legitimacy of their fear of harm or persecution if they are returned to their home country. If they cannot, they may face removal. That is why it is so crucial that people seeking asylum work with an experienced attorney who can help them overcome this burden.

A Philadelphia Immigration Attorney at Surin & Griffin, P.C. Can Help You Address Challenging Situations

The threat of deportation can be terrifying, but there are steps you can take to protect your rights. Speak with a Philadelphia immigration attorney at Surin & Griffin, P.C. Contact us today at 215-925-4435 or fill out our online form to schedule your consultation with our experienced immigration legal team. With offices in Philadelphia, we proudly serve Philadelphia, as well as clients across the country.