When an individual is denied entry to the United States under the immigration laws, they may be eligible to apply for asylum. However, many individuals must go through an appeals process before they can ultimately receive asylum and remain in the United States. There are different types of appeals available, and they vary slightly from one country to the next. In some cases, the individual may be allowed to stay for a limited period while they await their hearing. Other individuals will face expulsion after their appeal has been denied. Knowing what to expect during the appeals process will help you to better prepare for your potential asylum request.
The Number of Asylum Applications Has Doubled
Two years after an asylum request is filed, the applicant no longer has to apply. These policies have come into effect at a time when the number of asylum applications has nearly doubled since 2021. In the fiscal year 2021, fewer than five thousand individuals passed through the initial step of the asylum process in the U.S. borders. While it is common to see the numbers of individuals applying to stay across state lines or the country, several individuals crossed the border without valid reasons and without knowing the immigration law.
Which Factors Determine Who Remains in The US
Two factors will determine an individual’s eligibility to live in the United States once they reach the point of exhaustion in their asylum process. One factor pertains to the age of the applicant. Every year, the age of an individual must be accepted as a factor when determining whether they can remain in the country on a temporary or permanent basis. The second aspect of this aspect is a country of origin clause that states that a particular country does not want to return a citizen to that country if that individual can return to that country.
Deciding whether or not an applicant qualifies to stay requires looking at both factors, the age of the applicant and their country of origin. While the age limit for asylum seekers has been set in place since 2021, this is a factor that will change from year to year. It is important to note that it has been 20 years since this piece of legislation was put in effect.
What About Illegal Visitors
For those who are in the country illegally, there are some routes to obtaining an immigrant status review. When asked if they have a credible fear, most applicants will answer yes. This means that the individual presented enough evidence to justify the risk of removal. However, it can still take quite a few months before a decision can be made. By showing a level of diligence and making sure to answer all questions accurately during the interview process, an applicant can increase their chances of having their application approved.
Another factor that will be used to determine whether or not an individual will qualify for refugee status is their country of origin. If an applicant is from a country that is not in the asylum process, their application will likely be denied. There are two main exceptions to this rule. Guatemala and El Salvador both have a qualified applicant screening process that has a quota based on their population.
Border Security Programs
Shortly, the United States.-Mexican border is expected to be another area of focus when it comes to the asylum process. Between now and the end of 2021, there will be more unaccompanied children coming across the border than ever before. With so many children and so much money that has been poured into the border security programs, it is expected that the number of children that come across the border without protection will increase. Mexico is also expected to increase its quota for processing cases along the U.S.-Mexico border. There are many areas of the country that have become overwhelmed with activity, and there are not enough shelters or resources in place to support the influx of these children.
Regardless of where someone has applied for asylum, their case may still be rejected if they cannot provide proof of their status in the United States. A request for asylum can be denied if there are factual reasons that provide evidence that the applicant is not a viable candidate for immigration relief. If an individual is being removed from an abusive situation, they may also have a difficult time proving their identity or obtaining an asylum hearing. As stated above, there are several exceptions to the rule, and those who are subjected to removal proceedings may apply for asylum even if they know they may be removed. Therefore, anyone who believes they could be facing removal or deportation must contact an experienced Immigration Lawyer as soon as possible.