If you entered the United States without documentation, you might be wondering, “Can I apply for asylum if I entered the U.S. illegally?” The good news is that in many cases, you can still apply for asylum even if you entered the country without proper papers. Fayad Law P.C. shares the eligibility criteria for asylum seekers who entered the U.S. illegally and discusses the legal options available for asylum seekers. If you have questions about your eligibility for asylum, call us today at 804-376-9550.
Understanding Asylum in the U.S.
Asylum is a form of protection offered by the United States to individuals who have fled their home countries due to persecution. To qualify for asylum, you must prove that you are unable or unwilling to return to your home country because of past persecution or a well-founded fear of future persecution. This persecution must be based on one of the following grounds:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
Can You Apply for Asylum After Entering the U.S. Illegally?
Yes, you can apply for asylum even if you entered the U.S. illegally. The U.S. asylum laws do not disqualify individuals solely based on how they entered the country. However, there are some important factors to keep in mind:
- One-Year Filing Deadline: Generally, you must apply for asylum within one year of your arrival in the U.S. If you entered the country illegally, this deadline still applies. Missing the one-year deadline could make you ineligible for asylum unless you can show extraordinary circumstances that caused the delay.
- Credible Fear Interview: If you are apprehended by immigration authorities after entering the U.S. illegally, you may be placed in expedited removal proceedings. In this situation, you will undergo a credible fear interview to determine if you have a valid fear of persecution in your home country. If the interview is successful, you may be allowed to apply for asylum.
- Bars to Asylum: Certain factors can disqualify you from receiving asylum, regardless of how you entered the U.S. These include participating in persecution, posing a security threat, or committing certain crimes. It’s essential to disclose all relevant information to your attorney to assess your eligibility.
Legal Options for Asylum Seekers
Even if you entered the U.S. illegally, you have legal options to seek asylum:
- Defensive Asylum Application: If you are in removal (deportation) proceedings, you can apply for asylum as a defense against deportation. This process typically involves presenting your case in front of an immigration judge.
- Affirmative Asylum Application: If you are not in removal proceedings, you can apply for asylum affirmatively by sending your application to U.S. Citizenship and Immigration Services (USCIS). If USCIS does not grant your application and you are placed in removal proceedings, you can still pursue asylum defensively.
- Withholding of Removal and Convention Against Torture (CAT) Protection: If you miss the one-year filing deadline or are barred from asylum, you may still be eligible for other forms of protection like withholding of removal or protection under the Convention Against Torture (CAT). These protections have different eligibility requirements and provide limited benefits compared to asylum.
Importance of Legal Representation for Asylum
The asylum process can be complex, especially if you entered the U.S. illegally. Having an experienced immigration attorney by your side can significantly increase your chances of a successful outcome. A knowledgeable immigration attorney can help you gather evidence and prepare for your interviews or hearings. They can also ensure that your rights are protected throughout the process.
Get the Legal Support You Need for Your Asylum Journey
To answer the question, “Can I apply for asylum if I entered the U.S. illegally?”—yes, you can. However, it’s important to act quickly, especially regarding the one-year filing deadline, and to seek legal assistance to navigate the complexities of the asylum process.
If you or someone you know needs help with an asylum case, contact Fayad Law today at 804-376-9550. Our experienced immigration attorneys are here to provide the guidance and support you need to pursue your American dream.
