Asylum

In some of our blogs we have mentioned the estimated waiting time of entry and residence permits to the US. We have noticed that the most requested visas can take 2 or even 3 years of waiting to be granted.

Many immigrants who want to cross the border legally must wait a long time to receive a response from the government about their request.

There is a type of entry to the US that has always been a great help to immigrants who are living in danger in their native countries. This process is calles Asylum, which is granted to people who are being persecuted or who fear for their lives.

Reasons to grant Asylum

Asylum is granted when an immigrant claims that he/she is being persecuted for:

• Personal beliefs
• Race
• Nationality
• Religion
• Politics
• For being part of a specific social group

How does Asylum currently work in the US?

With Trump’s administration, a rule called “remain in Mexico” was established. It determines that immigrants seeking Asylum must remain on the Mexican border until they receive a response from the United States Citizenship and Immigration Service (USCIS) or by a court.

The decision to approve this rule at the borders has created controversy across certain states as it can be construed as negligence with human rights concerns. The 9th circuit of the United States Court mentioned last week: “evidence also shows that there is extreme danger to asylum seekers who are returned to Mexico.”

What actions have been taken?

The 9th circuit of the United States Court stated last week that it will not allow the government to force immigrants asking for Asylum to remain on the Mexican border while they wait for a response.

The states that blocked “staying in Mexico” are:

• Arizona
• California

The court reiterates that returning someone who fears for their safety to the country where they are being persecuted or harassed goes against US asylum policies.

What was the answer from Trump’s administration?

So far, the White House has not responded regarding this decision of blocking the rule “remain in Mexico”, however, the government has a stipulated time to file a counterpart or appeal the court’s decision.

What happens to immigrants who ask for asylum and are already inside the country?

What the government is offering to immigrants who make the asylum petition, and are already in the US, is to offer them free transportation to return them safely  to their country in Central America.

Immigrants have two options in this case:

• To return to their homes with the free transportation granted by the government.
• To go to the Mexican border and wait for an answer there (by the rule “remain in Mexico”).

However, some immigrants say that the amount of time they have to wait is enough and affects mostly children who cannot receive education.

The current borders situation is very delicate, especially in the border of Matamoros, Mexico, where immigrants who ask for asylum are living in tents, there is almost no access to food or bathrooms in good condition.

There are different processes that can be followed when you want to ask for Asylum. If you have any questions about an immigration issue or how to apply for Asylum, then please don’t hesitate to contact us for a FREE Consultation with one of our expert immigration attorneys. Alternatively, simply call Motion Law today at: (202) 918-1799