Every year, millions of people arrive at the border of several countries to apply for protection from being persecuted. Asylum seekers have to undergo a difficult and complicated process that involves numerous public agencies.
Those individuals who are granted accommodation in asylums are eligible to apply for living in the concerned country forever. This is definitely a way of securing the citizenship of the country and they can also apply for their spouse as well as children to live in the asylum.
What Is An Asylum?
Asylum refers to the protection provided to the foreign nationals already living in the United States or to the individuals who cater to the international law definition of being termed as a ‘refugee’. According to the United Nations Convention of 1951 as well as the 1967 Protocol, a person who cannot or is not willing to return to his motherland or may not obtain security and protection in the home country owing to instances of past persecution can be called a refugee.
Such individuals may also have well-founded anxiety and fear of being persecuted in the present or in the future on account of their nationality, race, religion, membership to any particular social group, political opinion, or other life choices. The National Congress incorporated this description of a refugee into the immigration law of the United States in the Refugee Act of 1980.
Through this immigration law along with the Signatory to the Protocol of 1967, the United States is legally obliged to offer the necessary protection to people who qualify as refugees. According to the Refugee Act of the US, there are two ways by which an individual can attain refugee status: either coming from some other country applying for resettlement as a refugee or as an asylum seeker from the country itself.
What Role Does An Asylum Play In Preventing Persecution?
First of all, an individual who has been granted asylum is protected from the compulsion of having to return to the home country. The individual is also allowed to work and earn in the US and can also have a Social Security Card. Such people can request to travel overseas and file a petition to bring the family members to the US. They are also given the chance to be a part of various government schemes and programs such as Refugee Medical Assistance.
After a year, the refugees become eligible to apply for permanent resident status in the United States by which they can procure a Green Card. As the person becomes a permanent resident of the country, he or she shall have to wait for at least 4 years before applying for citizenship.
What Happens to Asylum Seekers When Their Application is Under Scrutiny?
Asylum seekers comprise some of the most vulnerable members around us and they mostly incident single mothers with their children, victims of torture and domestic violence, people who have suffered trauma and persecution. Even though the laws of the United States offer the applicants of asylum seekers to remain in the country till their claim is pending, the government is biased towards detaining such people rather than allowing them to be a part of the larger social community.
There are some courts in the US that have not argued against this interpretation and held that asylum seekers who have catered to certain criteria deserve the right to bond hearings. The practitioners of the law have challenged this practice without offering a well-deserved opportunity of seeking parole.
Detention aggravates the challenges and hostilities that asylum seekers are already encumbered with and it can negatively affect the application. Families and children who suffer detention suffer from physical and mental health issues such as post-traumatic stress disorder, depression, along with frequent infections.
Many pieces of research and studies have found that people who suffered detention in removal detention are likely to opt for legal counsel compared to those who aren’t in detention. These discrepancies can affect the individual cases. Those people with legal representation are more prone to apply for protection and also successfully attain relief.
How Can An Asylum Lawyer Help In The Proceedings?
Before securing accommodation in the asylum of the United States, it’s important to formally apply for the process on the basis of any of the authorized grounds that include:
- Political opinion.
- Ethnic origin or race.
- A religious opinion which may also include a lack of religion.
- National origin.
- Membership of any specific social group.
The key to the approval for asylum lies in establishing a fear of being persecuted by the home country. The asylum officer must be convinced that the concerned individual has undergone significant persecution or that there is a reasonable probability of persecution in the near future.
It is also important to establish the fact that no part of the homeland is safe enough where they can return and also that they haven’t settled in any other nations. And these are the areas where an experienced refugee lawyer can help.
When selecting the lawyer to represent the refugee case it’s important to ensure that the lawyer is familiar with the social and economic conditions prevailing in the home country of the applicants. This is because it may so happen that even if the lawyer is experienced and knowledgeable, they may not be sufficiently informed about the various crucial attributes of the applicants’ home country.
The Bottom Line
An asylum application is a very significant part of an applicant’s life and it not only impacts his/her life but also the people around them. Legal help is highly sought after in such instances as it can influence whether or not a family gets the fair chance of legally staying in the United States for the rest of their lives.
A professional lawyer can help applicants from several countries to obtain the right to become a US citizen. They help in the preparation of the asylum application, identify as well as gather all the corroborating evidence and aggressively represent the applicant in the court hearings and asylum interviews.
Asylum Attorney – That Skillfully Helps You Obtain Political Refuge