He asylum It is a protection mechanism for migrant people who are in the United States and are afraid to return to their countries of origin because They have suffered or fear suffering some persecution.
This legal specification allows an individual to remain in the North American country. Keep in mind that to obtain it you need to demonstrate and meet different requirements to be approved. However, What happens if the process is denied?
(You may be interested: The United States would prohibit migrants from requesting asylum during these periods)
The United States Citizenship and Immigration Services (USCIS) is the agency in charge of initiating the process, which has three ways to obtain it.
According to its official website, the first is called 'affirmative asylum' process. In this option, the migrant will have to be present in the United States and request asylum status within one year of arriving in the United States.
It should be noted that the application for immigration status It is independent of the way in which it arrived in the country and your current immigration status.
To continue with the process you will have to present the 'I-589' form to the USCIS, also known as the Asylum and Withholding of Removal application form. Keep in mind that while this document is being processed, people may remain in the country.
(We recommend you read: The 3 main mistakes why the United States rejects an asylum request).
When migrants go to the United States seeking asylum, they typically turn themselves in to border patrol as soon as they enter the country.
Loren Elliott/Reuters
The second option is an asylum merits interview. This credible fear assessment process is used when a person expresses fear of persecution or torture if he returns to his country.
According to Uscis, an officer from the entity will be in charge of conducting an interview to determine if you are in danger. If you are approved, your application will be considered through a notice to appear before an immigration judge and will enter under the protection of the Convention Against Torture.
The third alternative to making an asylum request occurs when people entered the deportation or removal process from the United States and they use asylum as a defense. On that occasion, an immigration judge will be in charge of deciding whether or not he is eligible for asylum after hearing the arguments of all parties.
What can you do if your asylum application is denied?
In 2018, tens of thousands of immigrants displaced by poverty and violence in Central America arrived at the Mexico-United States border seeking asylum.
If your process is denied in any of the options mentioned above, the citizen may appeal or follow the following steps dictated on the United States immigration page:
1. If your Form I-589 is denied, the case will be referred to a immigration judge from the Executive Office for Immigration Review (EOIR) of the Department of Justice, who will visit and issue a decision.
2. If the judge decides that you are ineligible, you will be notified with a document stating the reasons for denying the request. After this, the person will have the opportunity to send a letter telling the reasons and evidence they have for staying.
3. If the claim is rejected and deportation from the United States is ordered, the parties involved may appeal the decision within the next 30 days.
During the processing period, the person may reside in the North American country. Keep in mind that requesting asylum in this nation will allow migrants, in the future, to acquire the status of legal permanent resident and citizenship.
(Keep reading: What happens to migrants who are denied asylum in the United States?)
Central American migrants watch the US border, amid growing fears that they will remain in Mexico while their asylum claims are processed.
Guillermo Arias / AFP
It should be noted that in recent days this process has been complicated due to a bill that highlights the ban on asylum applications during certain periods. This resource, the product of negotiations between legislators and the US government, could be temporarily adopted by the authorities.
Please note that if this law is approved without modifications, it would mean that the federal authorities of the United States will have the opportunity to prohibit asylum requests when a certain number of migrants entering through the border exceeds a certain number.
This project is carried out in the context of the growing immigration crisis in the United States, where thousands of people cross the border irregularly every day.
Laura Nathalia Quintero Ariza.
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