What to Know About the Latest Asylum Rules

f you are someone who has fled your native country out of fear of persecution due to your nationality, race, religion, or membership in a particular social or political group, there is a good chance that you qualify for asylum. During the Trump era, new restrictions were imposed making it harder for immigrants to win asylum. Recently, these restrictions have been lifted. Read on to learn more.

How to Obtain Asylum in the U.S.?

The two ways in which an individual can seek asylum in the United States are as follows:

  • The affirmative asylum process: To obtain asylum through the affirmative asylum process, you will have to be physically present in the United States and not involved in any removal proceedings. You must also apply for asylum within one year of the date of your arrival here in the United States.
  • The defensive asylum process: This is when someone who is facing removal proceedings requests asylum as a defense from being deported. These cases are heard by immigration judges. If you choose this route, you, your attorney, and the U.S. Government will discuss whether you qualify for asylum and whether you should be removed from the United States or not. While the immigration judge does have the right to decide whether you will be deported or not, you also have the right to appeal the judge’s decision.

Am I Ineligible for Asylum?

It can be difficult to obtain asylum. Before beginning the process, it is important to determine your eligibility. You will not be eligible in the following cases: 

  • Being convicted of certain serious crimes, generally involving drugs or violence
  • Anyone who has taken part in the persecution of another person due to their race, nationality, religion, and other guaranteed freedoms
  • Those who are proven to have resettled in another country before arriving in the United States
  • Being convicted of a serious nonpolitical crime outside of the United States
  • Anyone determined to pose a danger to the security of the United States

What are the Latest Updates?

According to theguardian.com, “The attorney general, Merrick Garland, issued a new policy saying immigration judges should cease following the Trump-era rules that made it tough for immigrants who faced domestic or gang violence to win asylum in the United States. The move could make it easier for them to win their cases for humanitarian protection and was widely celebrated by immigrant advocates.”

If you have any questions, contact our experienced immigration law firm.

Contact our experienced Wisconsin firm

John Sesini is an experienced immigration attorney with offices in Green Bay and Milwaukee Wisconsin. Our firm understands what is at stake when it comes to immigration law matters, which is why If you have any questions, you should not hesitate to contact the Sesini Law Group, S.C. and schedule your initial consultation with our firm today.

Read Our Latest Blog Posts

  •  Do I Qualify for an EAD in the United States?
  •  Fair and Human Charge Rule Published
  •  What is an I-601 Waiver?
  •  Update Regarding DACA Policy