In countries where people have fears about being wrongfully persecuted, asylum allows them to remain in the U.S. without concerns about deportation. Because the process for gaining asylum is quite complex, it is important to have the right information.
For example, the U.S. offers three ways to receive asylum, each of which entails certain tasks and duties. This guide breaks down each option so that you can make the best decision about your future.
Affirmative asylum processing
If you are currently within the U.S., you can request asylum through affirmative processing. In most cases, you must file an application within one year of the date when you last arrived in the country. However, you can also show that extraordinary circumstances prevented you from doing so in the time allotted in certain cases.
Asylum merits interview
A credible fear screening can prevent an expedited removal proceeding from going forward. If your concerns are credible, you will attend an Asylum Merits Interview to determine the next steps. You may also need to appear before an immigration guide to determine whether you can receive asylum.
Defensive asylum processing
In the event a removal proceeding is taking place, you can request defensive asylum processing. In this case, you may make a request if you entered the U.S. without the proper documentation and now face removal. You will attend a hearing in front of an immigration judge, who will determine whether you meet the criteria for asylum. You may also receive some other form of relief from removal, depending on the details of the case.
When it comes to defensive processing and the asylum merits interview, you can request an interpreter to be present during the process. With affirmative interviews, you must obtain your own interpreter to ensure you understand the proceedings.