Many people leave their home every day because they are being persecuted. They may even leave before the actual persecution begins because they have an honest fear that they will soon be persecuted. The United States government offers Asylum to people being persecuted for a number of specific reasons. The preferred method is to apply for asylum while the foreign national is already is in the United States. There is another option though. A person can apply for asylum at any Port of Entry (border).
Before requesting asylum at the United States border, be prepared to present your case. This is because the officers working at the border will review your case and if they feel like you are committing misrepresentations (committing fraud), misrepresenting the truth, or flat out lying, the officer can find you inadmissible. This is a very serious thing since the officer can deport you if he or she finds you inadmissible. Further, being found inadmissible will keep you from being able to enter the United States for five years.
This is not an attempt to dissuade a person from requesting asylum at the United States border. This is just to prepare the traveler who is making his or her way to the United States since the journey to the US border can be treacherous and long. This way, the person seeking asylum can prepare his or her case for when he or she requests asylum at the border.
The best weapon a person has when applying for asylum is the truth of being persecuted or of the fear of being persecuted. If the person requesting asylum is able to show the border officer that he or she is being persecuted or has a fear of being persecuted, then the officer may grant the requesting asylee permission to enter the United States. The asylee just has to make it clear that the reason for entering the US is to apply for asylum and that the asylee has a good chance of being granted asylum.
Once the foreign national makes it clear that his or her intention to enter the US, the foreign national will be interviewed by an asylum officer. This is where the foreign national presents his or her case and shows that he or she is being persecuted or is in fear of persecution. The asylum officer will hear the case, ask questions, and review any documents that are presented. Here is where the asylum officer will determine if the foreign national has a significant possibility of winning his or her asylum case.
If the immigration officer doesn’t believe that the foreign national has a fear of persecution, the foreign national has the option of requesting a hearing before an immigration judge. This is one of the last chances the foreign national has to plead his or her case. The judge will hear the case either in person or by telephone. If the foreign national fails to request a hearing before an immigration judge, he or she will be deported and not allowed to enter the US for 5 years.
If the judge believes in the case of the foreign national, the foreign national will be scheduled for a full hearing and be granted entrance into the US. The hearing will take place in Immigration Court. Here is where the foreign national should contact an experienced and knowledgeable Immigration Attorney.
Before the hearing takes place in Immigration Court, the foreign national will be held in a detention facility. The foreign national has the option of remaining in the detention facility, or he or she can request to be released on “parole”. If the foreign national can verify the identity of the foreign national, has established family or friend in the area, and can post a bond, parole will most likely be granted.
Before you begin the Immigration process, it is a good idea to seek the guidance of an experienced and knowledgeable immigration attorney.
This is an immigration legal blog. It is not intended to be used as legal advice. For further information please contact the law offices of attorney Ramona Kennedy.
Ramona Kennedy (Attorney) received her Jurisprudence Doctorate in America and is a licensed attorney in California (USA). Ramona Kennedy is a member of American Immigration Lawyers Association (AILA). Ramona Kennedy is fluent in English and Farsi (reading & writing) & speaks Azeri Turkish.
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