Seeking Asylum in the US

Under international law accepted by the member states of the Geneva Conventions, asylum could be granted to people who, for different reasons, have fled their own countries or their lives would be in danger if they return to their countries.

 

US Asylum Procedures 

There are two ways to apply for asylum in the US :

 

1-Seeking Asylum through United Nations High Commissioner for Refugees (UNHCR)

Fleeing one’s country can happen due to war, starvation, poverty, hunger pandemic, or any other reason considered valid under asylum guidelines. Anyway, those people who have fled their countries and have entered another country without having a valid visa can seek asylum by registering their application at the UNHCR office in that country. However, it usually takes a long time (several years) for such cases to get finalized.

 

A refugee can stay in the hosting country until the decision is made about his case, and during this period, the hosting country cannot drive him out of its territory. However, the hosting country can still accommodate a refugee in any part of its territory as it wishes and impose commuting restrictions on them. In many cases, since these refugees don’t have the financial ability, they have to live in refugee camps monitored by UNCHR but run by the refugee-hosting country’s officers. If the refugee can afford his cost of living or have a family in the hosting country, he can live outside the camp independently; however, he will still be subject to commuting restrictions.

 

The refugees undergo various interviews conducted by the UNCHR for their asylum applications to be accepted. Then, if they are taken, they can choose the country they intend to go to. Finally, if their intended country agrees to let them in (this also has its own lengthy process), they will enter their country of choice, enjoying the facilities provided to them by the UNCHR.

 

The refugees that enter United States through UNHCR, If the reason for their asylum remains valid after one year from their arrival, can submit their permanent resident application to the USCIS. After 5 years from being granted permanent resident status, the person can apply for US citizenship.

 

2- Seeking Asylum Directly from USCIS 

Those people who have entered the United States with nonimmigrant visas can seek asylum from USCIS when it becomes evident that if they return to their respective countries, their lives would be in danger, or they will be persecuted. After undergoing the legal process, if their asylum application is approved, they will be protected by asylum law. In addition, these people can apply for a permanent resident card (also known as Green Card) after 1 year and citizenship 5 years from being granted permanent resident status.