IMMIGRATION ASYLUM CLAIMS, UNDOCUMENTED ASYLUM CLAIMS – By Sandra Mueller (a dual citizen of Mexico & America)

Sandra Mueller, Syndicate Legal Services

Undocumented individuals in the United States can file for asylum. Asylum is a form of protection granted to individuals who meet the definition of a refugee—someone who is unable or unwilling to return to their home country due to a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.

The biggest questions I get every day is “who is eligible”? Undocumented individuals can apply for asylum regardless of how they entered the United States, which includes crossing the border without authorization or overstaying a visa. The person applying for asylum must demonstrate a credible fear of persecution if returned to their home country.

The second question I get is what is the “filing Process”? Asylum must generally be applied for within one year of entering the U.S., unless an exception applies, which includes changes circumstances, extraordinary conditions like serious illness, or even lack of legal representation.

The application of filing for asylum starts with filing what is known as an “Application for Asylum and for Withholding of Removal” with the United States Citizenship and Immigration Services, or, in some cases, with an immigration judge if the individual is in removal proceedings.

It is very important in today’s world to have a proven professional assisting you with this application. Our team at Syndicate Legal Services is trained and has real world experience in applying for Asylum for undocumented people for all part of the globe, and each of our Syndicate Subscription Legal Plans includes immigration legal services, and that includes the filing of Asylum.

With that being said, what are the types of Asylum? First there is Affirmative Asylum, which is for those not in removal proceedings, and has filed for asylum with United States Citizenship and Immigration Services. The second type is Defensive Asylum, which is for those in removal proceedings, and has presented their asylum application before an immigration judge. Obviously Affirmative Asylum is best, which is why if you are in the United State undocumented today, it is important to get your asylum application filed.

What Type of Work Authorization Are Available to Those Who Have Filed for Asylum? Asylum seekers can apply for work authorization after 150 days from filing their asylum application, provided the case is pending and not delayed by the applicant.

What are the Challenges of Filing for Asylum? First, undocumented individuals face barriers such as lack of legal representation and understanding the complex paperwork required to even file for Asylum. Syndicate Subscription Legal Services has individual & family legal plans for as little as $25 per month, and no individual & family legal services plan is more than $90 per month, and all Syndicate Subscription Legal Services Plans include Immigration Services, and all those immigration services include asylum claims. 

The second challenge today is the possibility of detention while an asylum case is processed. Though the news is filled with undocumented people being detained by federal agents, the reality is that detention often only occurs if the undocumented individual is already in removal proceedings, has not filed for asylum at all, or is deemed a flight risk or public safety concern.

For undocumented people detained by federal agents, they undergo a credible fear interview to determine if they have a legitimate basis for asylum. If they pass, they can pursue their asylum case, but they may remain detained depending on ICE’s discretion or availability of release options like parole or bond. It is for this reason that I strongly encourage anyone in the United States undocumented, please call Syndicate Subscription Legal Services today and start an Asylum Application before being detained by federal agents, because you might be held in the custody Immigration Enforcement until your asylum case is heard before an immigration judge.

For those who have been detained by Immigration Enforcement, there are limited Release Options. First, the detained asylum seeker may request release through “Parole.” In this case, Immigration Enforcement may grant parole, allowing temporary release while the case is pending, especially if the individual is not a flight risk or danger. The second option is a “Bond.” Here an immigration judge may set a bond, which the minimum $1,500, if granted, which the individual can pay for release. The last is known as an “Alternative to Detention.” In this case, someone may be released under supervision, like ankle monitors or check-ins.

For all the reasons detailed here, I encourage all undocumented people considering filing for asylum in America to contact Syndicate Subscription Legal Plans and explore the best legal plan option for you, and your family.