Mario Vasquez on Seeking Asylum: Applying for Protection

Each year, thousands of migrants arrive at the United States border seeking asylum and protection from persecution. Those eligible for asylum are permitted to remain in the country while others are turned away. For those seeking protection, here is a helpful guide on the asylum process.

Who is an Asylum Seeker?

It is essential first to note who qualifies for asylum. According to the U.S. Citizenship and Immigration Services (USCIS), an asylum seeker is a person seeking protection from persecution at the U.S. border or inside the country. In contrast, a refugee applies for protection outside of the country. Furthermore, an asylum seeker must meet the international definition of a refugee — a person with a well-founded fear of persecution for reasons of race, religion, nationality, political opinion or membership in a particular social group, who has been forced to flee their country because of persecution, war or violence.

Applying for Asylum

There are two ways that individuals can apply for asylum: affirmatively or defensively. One may qualify for the affirmative asylum process if the seeker has entered the United States with a valid visa and has applied for asylum through USCIS. Additionally, one may qualify for the defensive asylum process if the seeker requests asylum in immigration court while in removal proceedings or when entering the border without a valid visa. Both methods require seekers to indicate a well-founded fear of persecution during a credible fear interview. Based on the interview, an officer will decide whether the seeker has a significant possibility of being eligible for asylum. Seekers must also file a Form I-589, Application for Asylum and Withholding of Removal, within one year of their arrival to the United States. Applying for asylum takes anywhere between six months to years and continues to lengthen. According to the Transactional Records Access Clearinghouse (TRAC), there were over 733,000 pending immigration cases in July 2018 and the average wait time for an immigration hearing was 721 days.

The asylum process can be complicated and taxing The positive factor is that while a person is awaiting a final determination, he or she can live and work in the United States legally as they are granted a temporary work permit and social security number. The time frames for the completion of the process varies but usually take several years. One year after being granted asylum, the individual can apply for permanent residency or a green card. If approved, they must wait at least four years before applying for citizenship.

Mario Vasquez has a diverse and extensive curriculum in both education, travel, and professional endeavors. He currently serves as an Attorney and Counselor at his own law firm in New York. Read more of Mario’s blogs or follow him on Twitter!

Originally published at marioavasquez.com on December 20, 2018.