Seeking Asylum in the United States

 Posted on March 21, 2014 in Immigration

For many people, immigration means survival. There are individuals all around the world that live in oppressive, conflict-ridden countries, and seeking protection in another foreign state, in order to escape persecution, is the only chance they have at living a normal life. According to the Migration Policy Institute, nearly 30,000 people were granted asylum in the United States in 2012, with around half of those people from China, Egypt, and Ethiopia. This is a 19 percent increase in the amount of people granted asylum status from the previous year.

The Basic Requirements of Asylum

To obtain asylum in the United States, an applicant must first show that he fears persecution in his country of origin. This persecution can be based on race, religion, nationality, political opinion, or social group. Finally, the applicant must be able to show that the government is involved in the persecution of his people, or that the government does not have the power or control to regulate the acts of citizens who are acting as the persecutors.

Affirmative Asylum Processing

Affirmative asylum processing occurs if an individual is already present in the United States. This person can apply for asylum, regardless of their current immigration status. Applicants under affirmative asylum are typically not held or forcibly removed by U.S. Immigration and Customs Enforcement during the application procedure, and applicants can live in the United States while their papers are being processed.

Defensive Asylum Processing

Defensive asylum processing is the type of asylum that is frequently portrayed in the media, which occurs when a persecuted individual crosses the border into another, safer country, and yells that they are seeking asylum. Although it may seem dramatized, seeking defensive asylum in reality frequently occurs in the same fashion. Take, for example, the story about the hijacking of an Ethiopian Airlines flight by the co-pilot of the plane, who subsequently sought asylum in Geneva.

Under a defensive application for asylum, an applicant requests asylum as a defense from being removed from the United States, or another country that offers asylum. This type of processing can occur if the individual was arrested at a U.S. port of entry without the proper documents, or if Customs and Border Patrol deems that a person that they have apprehended trying to cross a border into the United States has a credible fear of persecution or torture. Defensive asylum processing can also occur as a secondary motion if the United States government has deemed the applicant not eligible for affirmative asylum processing.

Illinois Immigration Attorneys are Here To Help

If you would like to know more about how asylum works, or what types of people can claim asylum to stay in the United States, contact Mevorah & Giglio Law Offices in Illinois today.