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Guide to Asylum Application

How Undocumented Status Can Hinder Your Asylum Claim?


There are many reasons why people decide to leave their countries in search of a better future: insecurity, persecution, improving quality of life, etc. and the United States has become one of the most popular countries for immigrants worldwide since people have the option to apply for asylum. Here’s your guide to asylum application.


Misconceptions Regarding Asylum and Undocumented Entry


How undocumented status can hinder your Asylum claim? Asylum is a way for the United States to provide protection to people who have been persecuted in their countries (based on race, religion, political opinion, etc.). However, many people have the false concept that by entering the country without documents, they can apply for asylum, and this is not necessarily the case. Current statistics show that 9 out of 10 asylum seekers lose their cases and end up being deported back to where they’re from.


First of all, it’s important to understand that US immigration laws establish that a person must file an asylum application within one year of arriving in the country. When a person enters the country illegally, it is possible that they don’t have the necessary documentation to prove when they arrived, making it difficult to file an asylum application on time. Additionally, to be eligible, it is necessary to demonstrate that the person faces a credible fear of persecution in their native country.


Another important thing to consider is that entering without documentation can result in detention and subsequent deportation. If a person enters without documents or without a valid entry permit, they may be detained by immigration authorities and deported without the opportunity to file an asylum application. It is important to note that people who entered the United States illegally after November 1, 2020, are on the deportation priority list of the Joe Biden government. If they are detained, the Immigration and Customs Enforcement Office (ICE) can initiate deportation proceedings.


The asylum process can be quite complicated and often takes time, but it’s important to remember that entering the United States without having the proper documentation is not an option that guarantees asylum. Each case is evaluated individually, and it is necessary to meet the established requirements to be eligible.


If you would like more information or need help with the immigration process, you can call us now at (832) 305-6560. Or schedule a consultation by clicking here.


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Disclaimer: This is not legal advice, the material on this site has been prepared for informational purposes only. It should not be construed as legal or other professional advice, and its receipt does not constitute any type of attorney-client relationship. Never disregard the advice of your own attorney to discuss your particular case. 


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