What is Asylum?

Asylum is a legal protection granted by a country to individuals who are fleeing persecution based on their race, religion, nationality, political opinion, or membership in a particular social group. It provides safety and the opportunity to build a new life without fear of returning to the harm they faced in their native country.

Eligibility Criteria for Asylum:

To be eligible for asylum in the United States, you must meet the following criteria:

1. Persecution: You must demonstrate that you have been or fear being subjected to persecution in your native country due to one of the protected grounds mentioned earlier.

2. Non-Availability of State Protection: You need to establish that your native country’s government is unable or unwilling to protect you from the harm you face.

3. Timely Filing: Generally, you must file your asylum application within one year of your arrival in the United States. However, certain exceptions to this deadline exist, such as changed circumstances or extraordinary circumstances that prevented you from applying earlier.

Types of Asylum Applications: 

Affirmative and Defensive Asylum: There are two pathways to seeking asylum in the United States: affirmative and defensive. Understanding the difference between the two is important.

Affirmative Asylum:

Affirmative asylum refers to when an individual proactively applies for asylum before the U.S. Citizenship and Immigration Services (USCIS). The process involves the following steps:

1. Arrival in the U.S.: To begin the affirmative asylum process, you must physically be present in the United States. Regardless of whether you arrived with a valid visa or without proper documentation, you can seek asylum.

2. Completing Form I-589: The next step is to complete Form I-589, the Application for Asylum and for Withholding of Removal. This form collects essential information about you, your background, and the reasons why you are seeking asylum. You may also provide supporting documentation that substantiates your claim for asylum. This can include country condition reports, personal affidavits, medical records, or other evidence that supports your case.

4. Biometric Appointment: After filing your application, you will receive a notice for a biometric appointment. During this appointment, your fingerprints, photograph, and signature will be taken for identity verification.

5. Asylum Interview: USCIS will schedule an asylum interview with you. During this interview, an asylum officer will ask you questions about your claim, your reasons for seeking asylum, and any supporting evidence you have provided.

6. Decision: Following the interview, the asylum officer will evaluate your case based on the information provided and make a decision. They may grant your asylum application or refer it to an immigration judge for further review. The only time an asylum officer is able to deny your asylum claim is if you are in status at the time of decision.

Defensive Asylum:

Defensive asylum applies to individuals who are in removal proceedings or facing deportation. Applying for asylum defensively is just that, a defense to the removal proceedings. The process involves the following steps:

1. Initiation of Removal Proceedings: If you are placed in removal proceedings, you can apply for asylum defensively. This typically occurs when you are apprehended at the border or are otherwise encountered by immigration authorities.

2. Court Appearances: You will have the opportunity to present your case before an immigration judge. You must establish your eligibility for asylum by providing evidence and testimony supporting your claim.

3. Asylum Hearing: During the hearing, you will present your case, including any witnesses or supporting documentation, to the immigration judge. The judge will evaluate the evidence and make a decision.

4. Decision: The immigration judge will either grant or deny your asylum claim. If granted, you will be protected from removal and may become a green card holder. If denied, you may appeal the decision.

Asylum provides hope and a chance for a new beginning, offering protection from persecution and the opportunity to rebuild a life free from fear. Whether applying affirmatively or defensively, seeking guidance from an experienced immigration attorney is highly recommended to ensure that you present a compelling case and protect your rights.

You may be eligible to apply for this type of visa for a fiancé if:

• You are a U.S. citizen, 
• You and your fiance plan to get married within 90 days of your fiance’s admission to the U.S., 
• You and your fiance are legally free to marry, meaning any of your past marriages have been terminated and your marriage would not be in violation of law, 
• You and your fiance have met each other in person at least once in the two years prior to filing your petition, unless meeting in person would violate your cultural or religious beliefs or would cause you extreme hardship, 
• You can financially support your fiancé, and 
• You have not committed certain serious crimes. 

Additionally, your fiancé will need to be admissible to the U.S.  This covers many different grounds which make a person ineligible to enter or remain in the U.S. Speaking to an experienced immigration attorney is important to determine if any of these grounds apply.

Some advantages to the K-1 visa process are not only the obvious benefit of having your fiancé here with you in the U.S., but your fiancé’s children who are under the age of 21 and unmarried may also immigrate to the U.S. Additionally, upon marrying within 90 days your fiancé and stepchildren can apply for  Green Card. However, even if you failed to marry within the 90 day period but did in fact marry afterwards your spouse may be eligible to obtain a Green Card. Transparent Justice has experience in this area and can answer any questions you have – feel free to reach out anytime!