For one hundred years, the United States had an unimpeded “open door” policy. However, later a series of immigration restrictions to exclude certain immigrants was enacted, this was followed by rules to set quotas. To this day immigrants are afforded only one constitutional protection: Due Process.
A large number of immigrants make the state of Alabama their home. Consequently, it stands to reason the need to afford them informed quality representation.
Travel Ban
The Supreme Court of the United States upheld President Donald Trump’s decision to institute a ban on immigrants, refugees, and visa holders from five majority-Muslim countries in a 5-4 decision.
The ban prohibits entry into the United States of most people from Iran, Libya, Somalia, Syria and Yemen.
The “travel ban” — a term that sanitizes what is in fact a Muslim ban — is the latest in a series of policies that have targeted Muslims inaccurately. The Supreme Court’s decision will make life much harder for Muslims across the world
Many Muslim Americans, whether from the five banned countries or elsewhere, are hesitant to leave the US for fear of not being able to return. There have been incidents that when the banned occurred many Americans who went through the immigration vetting process could not return back to the United States. Others wonder when or if they’ll ever be able to see their relatives from these countries again. This ban has split parents from children, wives from husbands, and extended family from each other and interrupted the lives of students, medical patients, and working professionals who cannot enter. There is fear that the ruling could create loopholes that our ruthless administration could use to re-define citizenship for all who are Muslim or perceived to be Muslim.
Asylum
Asylum is a legal protection granted by the U.S. government to people currently in the U.S. who are not U.S. citizens and who cannot return to their home countries because they either have been or fear they will be harmed because of their (1) race, (2) religious beliefs, (3) national origin (nationality), (4) political opinion(s), or (5) membership in a particular social group.
Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion
Step 1; Arrive in the US.
To apply for asylum in the U.S., you must be physically present in the U.S. or seeking entry into the U.S. at a port of entry.
Step 2: Apply for Asylum
To apply for asylum, you should file an application for asylum with within one year of your last arrival in the United States (unless you qualify for an exception to the one-year filing deadline).
Bars to Applying for Asylum
You may not be eligible to apply for asylum if you:
- Did not follow the one-year filing deadline for Form I-589, Application for Asylum and for Withholding of Removal. The one-year deadline is calculated from the date of your last arrival in the U.S. or April 1, 1997, whichever is later;
- Had a previous asylum application denied by an immigration judge or the Board of Immigration Appeals; or
- Can be removed to a safe third country under a two-party or multi-party agreement between the United States and other countries.
There are exceptions to these bars for “changed circumstances” or “extraordinary circumstances.”
Once USCIS has received the completed application, you will receive two notices:
- Acknowledgment of receipt of your application, and
- Notice to visit your nearest application support center (ASC) for fingerprinting.
Step 3: Fingerprinting and Background/Security Checks
You should read the ASC Appointment Notice and take it with you to your fingerprinting appointment at the ASC.
Step 4: Receive and Interview Notice
Depending on where you live, we will schedule you for an interview with an asylum officer either at one of the eight asylum offices, the two asylum sub-offices, or at a USCIS field office. (Montgomery, AL)
As of January 29, 2018, the USCIS Asylum Division is scheduling asylum interviews in the following order of priority:*
- First priority: Applications that were scheduled for an interview, but the interview had to be rescheduled at the applicant’s request or the needs of USCIS;
- Second priority: Applications that have been pending 21 days or less since filing;
- Third priority: All other pending affirmative asylum applications will be scheduled for interviews starting with newer filings and working back towards older filings.
Step 5: Interview
You may bring an attorney or accredited representative to the interview. You must also bring your spouse and any children seeking derivative asylum benefits to the interview.
If you cannot proceed with the interview in English you must bring an interpreter.
The interview will generally last about an hour, although the time may vary depending on the case. You may also bring witnesses to testify on your behalf.
Step 6: Asylum Officer makes Determination on Eligibility and Supervisory Asylum Officer Reviews the Decision
You must meet the definition of a refugee in order to be eligible for asylum.
The asylum officer will determine whether you:
- Are eligible to apply for asylum,
- Meet the definition of a refugee in section 101(a)(42)(A) of the INA, and
- Are barred from being granted asylum under section 208(b)(2) of the INA.
A supervisory asylum officer reviews the asylum officer’s decision to ensure it is consistent with the law. Depending on the case, the supervisory asylum officer may refer the decision to asylum division staff at USCIS headquarters for additional review.
Step 7: Receive Decision
In most cases, you will return to the asylum office to pick up the decision two weeks after the asylum officer interviewed you.
Longer processing times may be required if you:
- Are currently in valid immigration status,
- Were interviewed at a USCIS field office,
- Have pending security checks, or
- Have a case that is being reviewed by asylum division staff at USCIS headquarters.
We will normally mail your decision to you in these situations.
DACA
On June 15, 2012, President Obama created a new policy calling for deferred action for certain undocumented young people who came to the U.S. as children. Applications under the program which is called Deferred Action for Childhood Arrivals (“DACA”) began on August 15, 2012.
USCIS is not accepting requests from individuals who have never before been granted deferred action under DACA. Due to federal court orders on Jan. 9, 2018 and Feb. 13, 2018, USCIS has resumed accepting requests to renew a grant of deferred action under DACA. The scope of the Feb. 13 preliminary injunction issued in the Eastern District of New York is the same as the Jan. 9 preliminary injunction issued in the Northern District of California. Unless otherwise provided in this guidance, the DACA policy will be operated on the terms in place before it was rescinded on Sept. 5, 2017, until further notice.
What does “deferred action” mean?
Deferred action is a discretionary, limited immigration benefit by DHS. It can be granted to individuals who are in removal proceedings, who have final orders of removal, or who have never been in removal proceedings. Individuals who have deferred action status can apply for employment authorization and are in the U.S. under color of law. However, there is no direct path from deferred action to lawful permanent residence or to citizenship. And, it can be revoked at any time.
Who is eligible for DACA relief?
Individuals who meet the following criteria can apply for deferred action for childhood arrivals:
- are under 31 years of age as of June 15, 2012;
- came to the U.S. while under the age of 16;
- have continuously resided in the U.S. from June 15, 2007 to the present.
- entered the U.S. without inspection or fell out of lawful visa status before June 15, 2012;
- were physically present in the United States on June 15, 2012, and at the time of making the request for consideration of deferred action with USCIS;
- are currently in school, have graduated from high school, have obtained a GED, or have been honorably discharged from the Coast Guard or armed forces;
- have not been convicted of a felony offense, a significant misdemeanor, or more than three misdemeanors of any kind; and
- do not pose a threat to national security or public safety.
Applicants will have to provide documentary evidence of the above criteria. In addition, every applicant must complete and pass a biographic and biometric background check.
What is a significant misdemeanor?
DHS will deem as “significant” any misdemeanor involving any of the following, regardless of the sentence imposed:
- burglary;
- domestic violence;
- sexual abuse or exploitation;
- unlawful possession of firearms;
- driving under the influence; or
- drug distribution or trafficking.
In addition, any other misdemeanor for which an applicant was sentenced to more than 90 days in jail, not including suspended sentences and time held pursuant to an immigration detainer, will be deemed a significant misdemeanor.
How old do I have to be to apply for deferred action?
In general an applicant must be at least 15 years of age at the time they apply. The exception to this rule is if the applicant is in removal proceedings, has a final order of removal or has an order of voluntary departure: then, they can seek DACA even if they are below the age of 15.
If the applicant was 31 years of age or older as of June 15, 2012 they are not eligible for DACA.
If I am granted deferred action, does that mean I have acquired legal status?
The grant of deferred action does not grant legal status to an applicant. Deferred action is only a temporary measure and is not intended to, and does not grant, legal status to the individuals.
If I am granted deferred action, will I be entitled to work?
Every individual who is granted deferred action will be lawfully permitted to work. In order to be permitted to work, applicants must include an application for an Employment Authorization Document (EAD) in their application, which, when granted, will be valid for a period of two years and may be renewed. Applicants must wait until the EAD is issued prior to accepting employment.
