According to the criteria of
The first thing that needs to be noted is that to be eligible It is necessary to demonstrate that in your country of origin you suffered or believe you may suffer persecution because of their race, religion, nationality, association with a social group or political ideology.
However, it is necessary to know what are the conditions under which the United States gives people the possibility of obtain asylum through the three available categories: affirmative, merit-based, or defensive. These are the details of each. As regards the so-called political asylum, this is based on merit, where the migrant must rely on the figure of ‘credible fear’.
In this case, must express fear of persecution or torture if returned to his country. USCIS notes that if you are not granted asylum due to credible fear, you can request the intervention of an immigration judge to review your case again to confirm the denial, or to authorize the status.
Regarding the evidence to be collected, The National Immigrant Justice Center points out the following:
- A statement of your own, describing in detail your situation and the reasons why you fear for your safety in your country of origin.
- Police reports if you reported an incident in your country.
- Medical reports if you were injured and treated in a hospital or health center.
- Birth or death certificates if someone in your family was murdered for the same reason.
- Letters from people who can support your request.
- Photographs that help prove your story, for example, of you participating in groups or activities that put you in that dangerous situation.
- Newspaper articles about the events that make you afraid to return to your country.
- Reports from national and international human rights organizations.
You can request that the tests be sent from your country of origin to a trusted person, only Please note that all of them must have their translation into English.
Affirmative asylum process in the United States
To obtain asylum through an affirmative process you must be physically present in the United States, regardless of your immigration status, although It will be important that Start the process no later than one year after your arrival to the North American country.
According to Uscis, This procedure is available for those who do not have a deportation process due to their illegal status. In this case, You will be able to live in the United States while your immigration process is pendingHowever, you will not have work authorization unless you meet other requirements.
To obtain asylum approval you must meet certain requirements.
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Asylum status through a defensive process
The last option is a defensive asylum application seeking to stop your removal from the United States issued by the Executive Office for Immigration Review (EOIR).
Usually this option applies to those who have been
referred before an immigration judge following the denial of an affirmative asylum process or because they were detained at a port of entry without legal documents.
An immigration judge will decide if you are eligible for asylum. If he or she determines that you cannot be granted asylum, he or she will consider other options for protection against deportation. If you do not meet the necessary criteria, then you will be ordered removed from the United States.
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