There are multiple ways a refugee can obtain asylum in the United States. Our Orange County immigration attorneys have put together an infographic that outlines the various paths to claim asylum.
The four ways to claim asylum include the following:
- Refugee Resettlement Process: Resettlement is the transfer of refugees from an asylum country to another state that has agreed to admit them and ultimately grant them asylum. UNHCR is mandated by its Statute and the UN General Assembly Resolutions to undertake resettlement as one of the three durable solutions.
- Affirmative Asylum: A person who is not in removal proceedings may proactively apply for asylum through the U.S. government, with the U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security (DHS). If the USCIS asylum officer does not grant the asylum application, the applicant is referred to removal proceedings, where they may renew the request for asylum through the defensive process and appear before an immigration judge.
- Process for "Arriving" Asylum Seekers: People arriving at the U.S. border have the right to request asylum without being criminalized. Once arriving at the U.S. border, refugees will be required to partake in an asylum interview and a court hearing to determine if they should receive asylum status.
- Defensive Asylum: A person who is in removal proceedings may apply for asylum defensively by filing the application with an immigration judge at the Executive Office for Immigration Review (EOIR) in the Department of Justice.This can help a refugee avoid deportation.
If you want to obtain asylum status in the United States, contact our Orange County immigration attorneys today at (949) 478-4963 to schedule a consultation!