Asylum or Refugee visa?
Before applying, you have to understand: What is Asylum v. Refugee
Asylum and refugee status is granted to those who desperately need protection from their homeland. It is not granted to those who enter the country under a travel visa. There are strict requirements to being granted asylum or refugee status.
Take for instance, Emil, a Mexican citizen, who flees his homeland due to his fear of possibly being persecuted for his objections to the government policies and ongoing corruption. He entered the US by illegally crossing the US southern border. He can then apply for asylum in the United States, once the government begins threatening his safety due to his open objections to their policies.
Am I eligible?
Emil would be granted Asylum status because he voluntarily left his homeland to seek protection. While, if he applied as a refugee, he would have to had been forced to leave his homeland of Mexico due his fear of persecution. Under this status he is allowed to work, and would be given a specific time frame to apply for his green card, which is usually after the first year in the country.
Refugee and asylum status require proof of:
What counts as persecution?
Persecution would be harassment, oppression or physical and psychological harm. Primarily by the government.
In other words, if the government is behind violent crimes targeting Emil, then this would support his cause for refugee or asylum status.
He would also need to provide proof by:
For instance, since he is applying for refugee status from Mexico, he would have to testify in front of a judge or immigration lawyer, and provide the court with a reasonable report from either a local or well-known newspaper or media source that reported on the crimes taking place in his home country, then the lawyer or judge may assess it and determine if it helps his application or not. He would have to prove that the persecution is due to his objection of the government’s policies.
What Are the Grounds for Persecution?
Recently South African students protested the government over the government’s decision to increase tuition, several students were arrested. If one of those students were to seek asylum status in the US, as Emil had from his homeland, they would have to testify that they were persecuted by the government for taking part in a student demonstration.
Individuals who are a part of the military or police force fall into this category, especially if they believe they are being targeted.
What if my application is blocked?
You would also have to keep in mind whether your status would be rejected due to a prior criminal record or if you prove to be a security risk. So, if Emil had been previously arrested for protesting the governments policies, or for “terrorist activities”, or acquired a felony charge, his application can be rejected by US government if they find that his offense was enough of a threat. The exception to this would be if he were arrested for protesting, then this would actually benefit his application.
An individual’s application can also be blocked if you already claimed residency in another country.
For instance, if Emil left his homeland and relocated to London for a year, then decide to move to the US and file for asylum status there, the US government can block his application, because he’d already spent time “resettled” in another country.
Can I work while my application is being processed?
Think of it this way, Emil has applied for asylum status in the United States, but would like to work, except, the US does not allow asylees to work while their applications are being processed, unless:
If Emil is granted asylum status, he can fill out the I-765 form, and begin working immediately. He can also obtain an EAD (Employment Authorization Document), just in case he needs another form of identification.
What if I miss my (one year) deadline?
The government gives refugees and those applying for asylum status, one year from their last entry in the country to apply.
If an individual enters under a “nonimmigrant” visa/tourist visa, then they much apply one year from the date they entered the country or the date their visa expired. Expect if that day falls on a holiday, Saturday or Sunday, the application must be received on the next business day.
Failing to file accordingly, the application would be forwarded to the asylum judge.
Fill out the I-589 Application
The application must include:
Asylum and refugee status is granted to those who desperately need protection from their homeland. It is not granted to those who enter the country under a travel visa. There are strict requirements to being granted asylum or refugee status.
Take for instance, Emil, a Mexican citizen, who flees his homeland due to his fear of possibly being persecuted for his objections to the government policies and ongoing corruption. He entered the US by illegally crossing the US southern border. He can then apply for asylum in the United States, once the government begins threatening his safety due to his open objections to their policies.
Am I eligible?
Emil would be granted Asylum status because he voluntarily left his homeland to seek protection. While, if he applied as a refugee, he would have to had been forced to leave his homeland of Mexico due his fear of persecution. Under this status he is allowed to work, and would be given a specific time frame to apply for his green card, which is usually after the first year in the country.
Refugee and asylum status require proof of:
- On his application, Emil would have to prove that he is unable to return to his native country due to fear of persecution.
- He would also have to prove that his persecution, in his homeland of Mexico, would be due to race, religion, nationality, or his political beliefs. In his case it would be due to political belief.
What counts as persecution?
Persecution would be harassment, oppression or physical and psychological harm. Primarily by the government.
- If you feel that your religious belief, gender, race or political belief may be cause for the government to harass you, then you would be eligible to apply for asylum status in the US.
- The government had targeted a particular race or religion
- Threatened by protesters weapons.
In other words, if the government is behind violent crimes targeting Emil, then this would support his cause for refugee or asylum status.
He would also need to provide proof by:
- Testifying before a judge.
- Providing a statement from witnesses or reports that mention the situation.
- Meaning, Emil would have to provide the judge with a document or report that would support his application.
For instance, since he is applying for refugee status from Mexico, he would have to testify in front of a judge or immigration lawyer, and provide the court with a reasonable report from either a local or well-known newspaper or media source that reported on the crimes taking place in his home country, then the lawyer or judge may assess it and determine if it helps his application or not. He would have to prove that the persecution is due to his objection of the government’s policies.
What Are the Grounds for Persecution?
- Race, religion, nationality and gender: Asylum status can be granted to a woman who has been forced to endure a forced cultural practice. Emil could present to the judge the claim that he was persecuted by the government for being a particular nationality or sexuality.
- Political belief: The individual, in Emil’s case, holds different opinions to the government’s, such as their methods or policies.
Recently South African students protested the government over the government’s decision to increase tuition, several students were arrested. If one of those students were to seek asylum status in the US, as Emil had from his homeland, they would have to testify that they were persecuted by the government for taking part in a student demonstration.
- Membership of a particular social group: this qualifies if the government persecutes the individual for being in a group they find to be a threat or “dangerous.”
Individuals who are a part of the military or police force fall into this category, especially if they believe they are being targeted.
What if my application is blocked?
You would also have to keep in mind whether your status would be rejected due to a prior criminal record or if you prove to be a security risk. So, if Emil had been previously arrested for protesting the governments policies, or for “terrorist activities”, or acquired a felony charge, his application can be rejected by US government if they find that his offense was enough of a threat. The exception to this would be if he were arrested for protesting, then this would actually benefit his application.
An individual’s application can also be blocked if you already claimed residency in another country.
For instance, if Emil left his homeland and relocated to London for a year, then decide to move to the US and file for asylum status there, the US government can block his application, because he’d already spent time “resettled” in another country.
Can I work while my application is being processed?
Think of it this way, Emil has applied for asylum status in the United States, but would like to work, except, the US does not allow asylees to work while their applications are being processed, unless:
- There has been a delay with the individual’s application, such as time it was submitted.
- 150 days has passed since the application had been filed.
If Emil is granted asylum status, he can fill out the I-765 form, and begin working immediately. He can also obtain an EAD (Employment Authorization Document), just in case he needs another form of identification.
What if I miss my (one year) deadline?
The government gives refugees and those applying for asylum status, one year from their last entry in the country to apply.
If an individual enters under a “nonimmigrant” visa/tourist visa, then they much apply one year from the date they entered the country or the date their visa expired. Expect if that day falls on a holiday, Saturday or Sunday, the application must be received on the next business day.
Failing to file accordingly, the application would be forwarded to the asylum judge.
Fill out the I-589 Application
The application must include:
- Evidence of your arrival to the US, or the expiration date of your tourist/nonimmigrant visa.
- Evidence that you were outside of the US prior to that year.
- A credible testimony
- Credible witness statements.