CWHA: find out what you need to know about asylum

Find out what you need to know about asylum in the United States

If you cannot return to your native country for fear of being persecuted on account of race, nationality, religion, membership in a particular group, or political opinion, you may be eligible for asylum.

What is Asylum?

Asylum is the protection given by a country to those fleeing persecution in their home country. If you are in the U.S. and cannot return to your home country for rear of being persecuted on account of your race, nationality, religion, membership in a particular group, or political opinion, you may be eligible for asylum in the U.S. If you are granted asylum, you may live and work in the U.S. as an "asylee" until you gain permanent residence status.

If you are denied asylum, you may be placed in deportation proceedings, so consider carefully your decision to apply. For information on how to apply, see "How do I apply for asylum?"

How Do I Know If I Have a Strong Case for Asylum?

To be eligible for asylum you must present credible evidence that you were a victim of persecution such as assault, torture, death threats or imprisonment in your home country; or you must demonstrate that you have a "well-founded fear of future persecution." General reasons for leaving your country such as civil, political, or economic turmoil are not sufficient to qualify you for asylum. Also, some factors may disqualify you for asylum, such as settling in another country before coming to the U.S., or having been involved in the persecution of others.

How Do I Apply for Asylum?

There are two ways to apply for asylum: "affirmatively" or "defensively." To apply for assylum affirmatively means that you are in the U.S., and choose to apply for asylum. You must file a Form I-589 with the INS. In the application, you must: explain what happened to you and why you cannot return to your country. You should submit affidavits (sworn, written statements) and other supporting evidence. All documents must be translated to English.

Once the INS rceives your application, you will be asked to appear before an asylum officer for an interview. Your attorney or accredited representative may go with you to your interview. If you need an interpreter, you must bring your own since INS cannot provide one.

To apply defensively means that you are already in proceedings that require you to appear before an immigration judge at a hearing. You submit the Form I-589 and supporting evidence to the judge. The judge will grant you a full hearing on your claims where you will be challenged by an INS attorney.

You will be asked tough questions when you apply for asylum. If your answers are inconsistent with the statements on your application or with INS' information on conditions in your home country, you may be denied asylum.

Should I Trust Immigration Practitioners Who Advertise in Newspapers and on the Radio?

Just because someone advertises does not mean that he or she is a competent immigration practitioner. In fact, may unscrupulous practitioners use advertisements and empty promises to lure people into their offices.

Beware of agencies that claim to offier immediate employment authorization! The authorization may be a fake! Or, the agency may file an application for asylum for you just to obtain temporary employment authorization. This will make your presence known to the INS and may result in your deportation! Never apply for asylum just to get employment authorization! If you don't think you have a strong case for asylum, disucss alternate means of obtaining employment authorization with a non-profit immigration organization or attorney.

Will It Be Difficult To Obtain Asylum?

Yes. There are no quick and easy ways to obtain asylum status. The standard for proving that you deserve asylum is very high and the process is long. Very few people are approved for asylum.

By applying for asylum, you will draw the attention of the INS and so increase your risk of being deported from the U.S. You should only apply if you believe you are eligible; and be sure that you have qualified counseling throughout the application process.

Where Can I Go for Legal Help?

Seek legal counseling from a qualified practitioner such as an immigration lawyer or an accredited representatative at a qualified non-profit organization. You can also call Caribbean Women's Health ASsocation, Immigrant Service Center for help.

When looking for legal counseling, make sure to find out about the practitioner's credentials and experience in dealing with asylum cases.

About CWHA's Immigrant Service Center

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