The United States has two processes for seeking asylum. The goal of asylum is to protect foreign nationals from imminent danger in their home country. However, you need to prove you face persecution if forced to return home to obtain asylum status.
According to the Proposed Refugee Admissions submitted by President Biden, the US plans to admit up to 115,000 refugees from Africa, East Asia, Europe and Central Asia, Latin America and the Caribbean and South Asia, with 10,000 more spots for unallocated reserves. If you want to apply for asylum, keep reading to learn more about the process. For both cases described below, the applicant must be in the US during the process.
1. Defensive asylum
A defensive asylum application is for refugees who have already begun the removal proceedings with the Executive Office for Immigration Review. Foreign nationals can apply for defensive asylum processing if they get rejected by the affirmative asylum processing described below or if immigration agents apprehended you entering the country illegally. Refugees must stand trial against the US government represented by Immigration and Customs Enforcement (ICE). It is in your best interest to have experienced legal representation to argue your case in this scenario.
2. Affirmative asylum
Affirmative asylum applicants must request asylum within one year of the date of their arrival in the US. Regardless of the matter in which you arrived, the affirmative asylum application is available to all foreign nationals. However, you must still prove you face imminent danger if forced to return to your homeland.
Requesting asylum is traumatic and extremely difficult to go through. However, with the proper representation and sufficient reason, asylum seekers stand a good chance of remaining in the United States.