Asylum may be a viable option for the individuals with families in the United States. It is also said to be a kind of relief for the immigrants who had suffered past persecution. It also might comfort the people who have a fear of future persecution. This kind of persecution may be related to various grounds such as religious beliefs, political opinion, race, etc.
Through this some people may be given a chance, which is a form of relief, to prevent their frustration which arises as result of not having a lawful status in the United States. But still, it is not easy to get Asylum status in the United States.
If you seek to get Asylum status, it is safe to file an application for asylum within one year from the date of your entry into the United States. Form I-589, Application for Asylum and for Withholding of Removal, must be filed to apply for Asylum. If you fail to file an application within a year, you may be required to show a change in circumstances and various other reasons.
There is another from of relief, Cancellation of Removal, for the immigrants who had resided in the United States for more than ten years and who have children. Cancellation of removal may be granted by an asylum officer, to a person who is eligible to apply for this sort of relief. Application for cancellation of removal may be filed at the time of a hearing before an immigration judge. This is said to be an unrestricted benefit where the status of a non-immigrant may be adjusted from that of deportable alien to a lawfully admitted person for permanent resident status in the United Status.
In order to be eligible for asylum or for cancellation of removal, you must be a person without any kind of criminal records. If your previous application for asylum was denied by an immigration judge, then you may not be eligible to apply for asylum. You may also be barred from grating asylum if you had committed a serious crime or a non-serious political crime. You will not be granted asylum if you pose a threat to the security of America.
Asylum status in the United States may be obtained in two ways, through the affirmative process or through the defensive process.
Affirmative asylum processing may be sought in order to obtain asylum status by being physically present in the United States. Through this process, you may be allowed to apply for asylum status irrespective of your current immigration status and regardless of how you entered the United States.
A defensive application for asylum may be made when you request asylum as a defense against dismissal from the United States. This defensive processing is possible if you are in removal proceedings in an immigration court with the Executive Office for Immigration Review.
One year after being granted Asylum status, your path towards permanent resident status in the United States will be cleared. Hence, asylum is considered to be the best beginning for some qualified individuals.