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It takes about six months or more to obtain asylum in America

It takes about six months or more to obtain asylum in America

Posted by Devin Luqman | Dec 10, 2020 | 0 Comments

When people flee to America to seek asylum, escaping war-torn regions is the reason that most often come to mind. Some Americans might even think of people escaping crime-ridden areas. 

There is a wealth of reasons someone may make the devastating decision to leave their home country behind and seek a new one. CNN reports that most of America's asylum seekers come from China, Guatemala, El Salvador and Egypt. 

Denial rates 

Some countries also fare much worse than others when it comes to denial rates: 

  • Somalia – 59.4% denied 
  • Guatemala – 74.7% denied 
  • Honduras – 78.1% denied 
  • El Salvador – 79.2% denied 
  • Haiti – 86.1% denied 
  • Mexico – 88% denied 

Paths to asylum 

When successfully granted asylum, it generally takes about 6 months, not including any time the person spent secretly living in the country. Defensive asylum is the path people follow when they are already living in the United States and wish to stay. Affirmative asylum occurs at a port of entry or after someone has been in the country for less than a year. 

Regardless of which path individuals choose, they can expect a lot of paperwork, interviews and biometrics appointments. Because of the changes to the immigration system, many people find that they wait far longer than 180 days to hear a decision. 

Eligibility for permanent residency 

Deciding who is eligible is a complicated process, but there are some basics that apply. USCIS states that asylees may adjust their status if they remain in the U.S. for at least one year after receiving asylum. It adds that the principal asylee must also continue to meet the requirements during this time and derivative asylee(s) must maintain their relationship to the primary person. 

Note that when seeking a readjusted status, the asylee must meet the same criteria that would have made them admissible to the country as a lawful immigrant. Finally, USCIS adds that they must not have resettled in any other foreign country. 

About the Author

Devin Luqman

ATTORNEY AT LAW Education University of Baltimore School of Law, Baltimore, Maryland Juris Doctor – 2013 Towson University B.S., Bachelor of Science – 2009 Classes & Seminars Tuscarora Mock Trial Team Hood College, Lecturer

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