How Immigration Asylum Works for Those Seeking Refuge

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The immigration asylum process can be a complicated procedure. You must understand how it works if you need to get to America. Once you figure out the immigration process you can get into the United States a lot faster. The most important rule is having a good reason for not returning your country.

The United States is a great place to live. This country isn’t perfect, but people are generally safe from unchecked religious or racial persecution. Yes, racism, religious intolerance and prejudice can be found in America. However, we have a set of Constitutional laws that help to keep most of these problems in check.

If you’re suffering persecution that stems from race, religion, nationality or from some type of harassment because of your political beliefs, you are a candidate for asylum. Seriously, if your life or the lives of your family or countrymen are in danger of death or enslavement; then you have a valid reason for trying to seek asylum in America.

First, you will have to get to America to apply for asylum. According to U.S. Citizenship and Immigration Services, you must be present to seek asylum. USA Today states that most people go their family members residence and wait for an immigration court hearing.

Once you have an American residence, you can then visit the asylum office that is designated over your location. You can also apply at the USCIS Service Center. USCIS Service Center and Immigration Court are two other options where you can try to obtain immigration asylum.

You will need to fill out Form I-589 once you arrive at one of these locations. This form will need to be returned to the location where your filing. You can also fill the form out online. Still, you need to have proof that you are in America when you fill out the form for asylum. If you don’t have a residence, you can have an immigration organization to help you through this process. They can provide immigration attorneys to file on your behalf.

There are two pathways for seeking asylum within the U.S. One is called the affirmative process and the other is known as the defensive process. The affirmative process requires you to apply within one year of your arrival. Again, you must file form I-589. You can remain within the U.S. while your application is being considered but you are not authorized to work. There are other rules that apply to this option. You must be mindful of what these rules are. They could hinder your progress with completing the affirmative process.

The defensive process is designed to keep immigrants in the United States when they have been authorized for removal. An immigration court known as the Executive Office for Immigration Review must authorize the removal of an immigrant. An immigration judge will determine if a person can use a defensive process.

This procedure can also be applied by an asylum officer. If an asylum officer has discovered a good reason not to send an illegal alien back home due to persecution or fear of death, they can use this procedure. Remember that there are other rules and regulations that apply to both processes. Again, this is a complex procedure. Having an immigration lawyer or agency act on your behalf will probably give you a favorable outcome.

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Kevin Schultz is a professional journalist with over 15 years of writing and media experience. He is a full-time contributor to the Themocracy Online News Blog and his insightful writing has been enjoyed by thousands.