Historically, the United States has served as a refuge to many foreign nationals fleeing persecution from their own countries. To assist these individuals, the United States created asylum protections for qualifying individuals. Although many people are granted asylum, there is an erroneous belief that the United States grants asylum to all people fleeing disrupted and dangerous countries regardless of why they are leaving. A recent example is the growing belief that individuals fleeing Mexico and certain Central American countries are automatically eligible for asylum.  

Although many individuals flee real dangers in their country, general gang warfare or high rates of violence in one's home country does not automatically qualify an individual for asylum. In order to qualify for asylum, an individual must have been persecuted or have a well-founded fear of being persecuted on account of race, religion, nationality, membership in a particular social group, or political opinion. In other words, they are not just fleeing general violence, but rather there is an unchangeable characteristic that is specific to the applicant that puts them at severe risk in their own country.  

Additionally, in order to qualify for asylum, the applicant must submit their application within the first year of their arrival to the United States, with the only exception being if there is a change of circumstance with the applicant or in the applicant's home country within the past year. Further, if the applicant believes he or she qualifies, he or she must then provide all documentation that is reasonably ascertainable to support their claim. Thus, even if the applicant has a valid claim, if the applicant does not provide documentation that he or she reasonably could have obtained, the asylum application will be denied.  

On average, an asylum application will take anywhere from two to five years to complete, depending on which asylum office the applicant filed with. During this time, the applicant can travel anywhere within the United States and receive a work permit approximately 6-8 months after filing for asylum presuming the applicant is not delaying his/her case.  

Although there are many people coming into the United States right now with the intention of applying for asylum, the majority of these cases will be denied unless the applicants make a proper showing of particularized persecution and obtain, or attempt to obtain, all documentation verifying their claim. If you or someone you know is applying or thinking of applying for asylum, please contact Grzeca Law Group at (414) 342-3000 or visit our website at www.grzecalaw.com.