People arriving at the United States border have the right to request asylum without being criminalized, turned back, or separated from their children—even during the pandemic. Here’s how the process works:
The asylum process is one among several parts of the U.S immigration system that have significantly evolved during the pandemic in 2019 (COVID-19). As of March 20th, 2020, all new asylum seekers have been denied access to the asylum process and immediately deported to either Mexico or their home country. With a few exceptions, unaccompanied children (UACs) are also sent back to their countries of origin without a fair screening or access to due process. Under the new COVID-19 guidelines, the UACs undertake the standard processing procedure. In situations where the asylees are showing signs of sickness or when human trafficking is suspected. For a more in-depth description of the United States asylum system, contact houston asylum attorney usa
What is asylum?
An asylum is a form of protection granted to individuals who can prove that they are unable or unwilling to return to their country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
The right to seek asylum was initiated into international law following the horror of World War II. Congress adopted the Geneva Refugee Convention (including the international definition of a refugee) into the United States immigration law when the Refugee Act of 1980 was passed.
How do people seek asylum at the border?
Asylum seekers that arrive at the U.S. border get placed either in immigration court removal proceedings where they have the opportunity to make their case for asylum known before an administrative judge or expedited removal hearings that allow border agents to order individual deportation from the U.S. without a trial before a judge.
However, under the United States law, if a person in expedited removal states the fears of returning to their home country or intention to apply for asylum, they are referred to a credible fear interview conducted by a trained asylum officer within the U.S. Citizenship and Immigration Services (USCIS).
The asylum seeker must prove to the officer that there is a significant possibility they are eligible for asylum, also subjected to a credibility assessment. Once the officer makes a positive finding, the asylee will then be referred to an immigration court where they will have the opportunity to apply for asylum status before an immigration judge. If the individuals do not meet the credible fear screening standard, they will get deported.
Having a legal representative significantly increases the likelihood of success in asylum cases. A study recorded that asylee who had submitted an asylum petition before the immigration court were five times more likely to get their asylum petition granted if they had a lawyer and houston tx immigration lawyer is here for their asylum needs.
How long does the asylum process take?
The duration of the asylum process varies, but it typically takes between 6 months and several years. The duration of the asylum visa processing varies pending on If the asylee has filed affirmatively or defensively and on the facts of its claim. Under the affirmative asylum process, the Immigration and Nationality Act (INA) requires USCIS to schedule the initial interview within 45 days after the application gets filed and a decision within 180 days after the application date.
Under the defensive asylum process, applicants must go through the immigration court system, which faces significant backlogs. As of July 2018, there were over 733,000 pending immigration cases, and the average wait time for an immigration hearing was 721 days. The backlog has worsened over the past decade as the funding for immigration judges has failed to keep pace with increasing cases. abogados de imigracion en houston can help you boost your success chances