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Can Ukrainians Seek Asylum in the United States?

Asylum protects individuals. It allows them to remain in the United States instead of facing deportation. 🇺🇦 For Ukrainians considering seeking asylum in the United States, the process and requirements involved are complicated. This blog post aims to shed light on the topic. We’d like to provide essential information for Ukrainians seeking asylum in the United States.

How can one seek asylum in the US?

To seek asylum in the United States, individuals need to be physically present within the country. Or, they must attempt to enter through a designated port of entry. This requirement ensures that those seeking protection can access the asylum process and have their claims properly assessed. To initiate the asylum-seeking process, individuals must first submit an Application for Asylum and for Withholding of Removal. There are specific criteria for applicants to qualify for asylum. These conditions play a vital role in determining whether an individual qualifies for protection under asylum laws.

If someone is not facing deportation proceedings, they have the option to seek “affirmative asylum.” This happens by applying through the USCIS 👮‍♀️👮‍♂️within one year of their most recent entry into the country. This one-year deadline📌 has limited exceptions. When seeking asylum, it is crucial to be aware of potential obstacles that could affect the outcome of your application. These may include factors such as: permanent resettlement in another country or having a criminal record. It is important to understand these barriers and how they may impact your asylum claim.

What happens if a United States Citizenship and Immigration Services officer denies an asylum application?

When a USCIS asylum officer 👮‍♀️👮‍♂️❌ denies an asylum application and the applicant lacks legal immigration status, the case goes to immigration court. In this court, the applicant will have an opportunity to present their case and seek relief from removal proceedings. When initiating removal proceedings, a judge is assigned to thoroughly review the applicant’s situation. Then, they make a decision regarding their eligibility to continue staying in the country. In this particular situation, applicants have the chance to seek asylum again by going through the defensive process. This involves appearing before an immigration judge who will assess their case.

If someone is currently in the process of being removed from the country, they can seek “defensive asylum.” This involves submitting an application for asylum with an immigration judge through the Executive Office for Immigration Review (EOIR).

How Ukrainian can apply for asylum in USA?

🇺🇦 Ukrainians, regardless of their country of origin or current immigration status, can apply for asylum in the United States. To qualify for asylum, individuals must prove that they cannot return to their country of origin. This must be related to a genuine and well-founded fear of persecution. This is an important requirement in the asylum application process. Persecution is recognized on the basis of: race, religion, nationality, membership in a specific social group, or political opinion. This is where persecution gets evaluated and determined.

Individuals must demonstrate that they face a genuine threat of harm either from their home country’s government or from a person or group that the government is incapable of safeguarding them against. “Significant” instances of persecution must meet certain criteria. These criteria include unlawful or political detention, torture, violation of human rights, physical violence, or severe non-physical harm. It is important to recognize and address such serious violations against individuals.

The burden of proof lies with the asylum applicant. They must establish all elements of their claim. This includes past persecution or a well-founded fear of future persecution, one of the protected grounds, and a nexus (cause and effect relationship) between the harm suffered or feared and the relevant protected ground. Additionally, applicants must demonstrate that their home country’s government is unable or unwilling to protect them.

When an applicant demonstrates that they have faced persecution in the past, it grants them a presumption that they also fear future persecution on similar grounds. This presumption is based on the understanding that past persecution is an indicator of potential harm in the future. Currently, the responsibility lies with the U.S. government to present evidence of any altered circumstances that may affect the applicant, their home country, and the feasibility of relocating within their own country. This burden rests on them to make a compelling case.

Can Ukrainians get asylum in the US because of the war?

Seeking asylum in the US based solely on escaping war or violence in one’s home country may not meet protection requirements. To ensure a successful ✍️ application, it is important to consider additional qualifying factors. These factors play a crucial role in determining whether an applicant meets the requirements and criteria set by the organization or institution. Considering these factors is crucial for applicants who want to improve their chances of success when submitting their applications. However, Ukrainian nationals escaping war may face specific challenges in this process. Each asylum application gets a case-by-case evaluation. This takes into account the unique facts and circumstances of the applicant.

The asylum application process can often be a lengthy and time-consuming one. With over 1.5 million asylum applications currently in the system, the processing time for each application can be lengthy. It may take approximately 4-5 years for an application to go through a full review and adjudication process due to this high number. In addition, it is important to consider the potential risk of rejection when applying for permanent residency in the United States. Given this risk, it may be advantageous for applicants to explore multiple avenues concurrently. By doing so, applicants can increase their chances of successfully obtaining permanent residence status.

During the asylum application process, individuals can simultaneously apply for other immigration statuses. 📜 They can explore alternative pathways for legal residency or citizenship while their asylum claim is under review. For example, an individual could pursue asylum while also exploring other routes to adjust their immigration status. These alternative channels might include applying for visas based on immediate relatives, family preferences, or employment opportunities. It is crucial to understand that processing times for applications related to family reunification or employment-based visas can vary. Factors include: category of visa and current status of the U.S. relative at the time of application submission.

What if my asylum application isn’t strong enough?

In situations where an asylum application may be weak, applicants still have options for seeking protection. One such avenue is through the Convention Against Torture (CAT), which offers safeguards against torture and cruel treatment. Additionally, individuals can also apply for withholding of removal from the United States as an alternative means of seeking protection. To qualify for protection, individuals must demonstrate a greater than 50% likelihood of facing future persecution, should they return to their home country.

What should I do if I need to seek asylum from Ukraine?

In conclusion, Ukrainians can seek asylum in the United States if they can demonstrate a credible fear of persecution on one of the protected grounds. The asylum process involves meeting specific requirements and providing substantial evidence to support the claim. Asylum applications can be a lengthy and complex process. It is advisable to seek professional guidance from an experienced immigration lawyer. They can navigate through the intricacies of the system effectively.

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