Rules & Qualifications For Asylum Application
America is prominent for its humanitarian activities, such as providing refuge for foreign people who are seeking it. However, as much as they welcome everyone, they still set rules on who they should accept as their citizen, particularly regarding asylum applications.
Asylum paves the way for people who suffer from persecution to flee their country and seek refuge in the United States. If you are one of those seeking protection from the United States, you must know their asylum application rules and the qualifications you need to meet.
One-Year Filing Rule
One of the basic rules when submitting an asylum application is to file it within one year from your last arrival in the United States. Affirmative Asylum involves anyone not subject to a removal proceeding.
Eligibility Check
One helpful way to determine your eligibility is to know what factors that could disqualify you from an asylum application. Take note of the following ineligibilities to find out if you can qualify for it.
- If you have been rejected before by the Board of Immigration Appeals, you may be ineligible for an asylum application.
- If you are convicted of serious crimes, you can’t apply for asylum, mainly because you may become a potential threat to United States security.
- You could not be eligible for an asylum application if you were involved in persecuting a person based on their religion, nationality social group, and race.
- You cannot apply for asylum application if you have participated in terrorist activities, supported or even joined terrorist organizations.
- Your asylum application may be denied if you are the spouse or child of those refused entry for one or more of the reasons above during the previous five years.
Knowing the qualifications for the application is just a part of the whole asylum process. Another part of it is attending the interview in which the United States Citizenship and Immigration Services or USCIS is very particular. You have to be present and be on time.
However, unforeseen events happen and sometimes you fail to attend the scheduled interview. This point is where the USCIS determines the good cause to give you the benefit of the doubt.
Determining The Good Cause
Individuals who could not make it to the scheduled interview may provide a good cause for rescheduling, even before the appointed time of the interview.
The USCIS examines the individual’s situation to determine if they establish a good cause and give them another chance for the interview on their asylum application. It is important to note that repeated rescheduling may lead to the disqualification of the applicant.
Some good causes that the USCIS notes involve the extreme cruelty the applicant has experienced, the death of the applicant’s spouse or children, and the onset of their serious illness.
Interviews for asylum cannot be rescheduled if applicants cannot demonstrate a good cause. It is important to show up, or they risk missing their interview and losing their request for asylum. If they don’t show up for their asylum interview and their case is administratively closed 46 days later, their legal immigration status ceases to exist.
Rescheduling Your Interview
You need to submit a written explanation of why you failed to show up for your scheduled interview. Moreover, you need to provide supporting documents proving your absence’s validity on your scheduled interview. These documents can be a medical certificate or the death certificate of your loved ones who passed on.
Why You Need An Asylum Attorney
People need to learn the rules and qualifications in layman’s terms as the law, particularly in an asylum application, may be challenging to understand. This is where an asylum attorney can be helpful. They can help you know the do’s and don’ts, and help you figure out the next step.
The Lincoln-Goldfinch Law has a team of knowledgeable and reputable attorneys who are dedicated to helping you seek refuge in the United States and continue to live free of fear and anxiety from persecution.
Summary
The United States is open to providing refuge to those seeking it. However, there are laws and standards an applicant must follow. So when you seek asylum, you must know the rules and the qualifications. Check your eligibility and attend your interviews. If unforeseen events happen that hinder you to show up for your interview, you must establish a good cause to reschedule an interview.
All of these would be more manageable in the presence of an asylum attorney. So, call your Licoln-Goldfinch Law attorney and ask for their assistance with your asylum application.
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