Tag Archives: asylum

Asylum Interview Dates

Posted on by

Asylum Interview Dates

The backlong continues for the eight asylum offices in the United States. Affirmative asylum is when someone applies for asylum in the United States without being in immigration court. Defensive asylum is applying for asylum in the United States in immigration court. That happens in front of a judge. The affirmative asylum process demands that an application is filed within one year of the applicant’s arrival in the United States, unless there is a qualifying exception for why the application was not filed in time.

USCIS publishes its waiting times for asylum interviews. If you are in Pittsburgh, you belong in the jurisdiction of the Arlington office. The waiting times give an indication of how long it takes for your case to be heard by an Asylum Officer, who is responsible for making the decision on whether the application is granted asylum or not.

International Migrants Day

Posted on by

The UN Celebrates International Migrants Day

“On International Migrants Day, let us reaffirm our commitment to shape diverse and open societies that provide opportunities and lives of dignity for all migrants.”

Ban-Ki Moon and the United Nations celebrates International Migrants Day today. This is the sixteenth celebration of International Migrants Day, and it is in recognition of the increasing number and importance of immigrants and non-immigrants to countries and communities around the world. The United States has prided itself on having thriving immigrant communities, but the rest of the world has been experiencing its own migrant experiences. Western European countries post World War II have been built on the strength of migrant communities, Brazil and Argentina are renown for their immigrant communities, and Canada is a rich mosaic of migrants.

In the United States, 13% of all Americans are immigrants today and that does not include the millions of nonimmigrants who are currently residing in the country as F-1 visa students, H-1B workers, and various other visa holders. Migration can sometimes involve difficult and arduous journeys and International Migrants Day tries to draw attention to the peril of those migrations. It also rallies support against racism and intolerance encourages better public perception of migrants and migration. The State Department lamented the hardship many migrants have faced in trying to escape to better lives. This day is particularly poignant given world events recently.

International Human Rights Day

Posted on by

International Human Rights Day

On December 10 of every year since 1950, the United Nations has commemorated International Human Rights Day. The theme last year was Human Rights 365 – a reminder that every day is Human Rights Day. Of course, commemorating a day once a year is a starkly different action from pursuing the goal of fewer human rights violations every day, but the day should serve as a poignant reminder that human rights violations occur every day throughout the world. This year, the theme is the 50th anniversary of the two International Covenants on Human Rights: the International Covenant on Economic, Social and Cultural Rights and the International Covenant on Civil and Political Rights, which were adopted by the United Nations General Assembly on 16 December 1966.

The Universal Declaration of Human Rights (celebrating its 67th birthday) has three articles concerning immigration and migration. Article 13 announces the right of freedom of movement and residence with an individual’s country. The second clause of Article 13 declares that, “Everyone has the right to leave any country, including his own, and to return to his country.”

Many forced migrations are the result of human rights violations. Asylum as a process (in which the recipient is green card eligible after a year) in the immigration system that is designed to accommodate some individuals who have been victims of human rights violations. The United States has a ceiling of 70,000 asylum acceptances this year. Article 14 recognizes that persecution causes people to seek safety, declaring everyone has the right to seek asylum (unless they themselves are persecutors).

Article 15 asserts that everyone has the right to a nationality and that “no one shall be arbitrarily deprived of his nationality nor denied the right to change his nationality.”

Thirty articles comprise the Universal Declaration of Human Rights. They are not all immigration-related, but many are connected to immigration and its consequences (standard of living, education). On this day, it is important to recognize the important of human rights in our modern world and that immigration is a basic, fundamental human right worthy of protection.

In commemoration of this day, Secretary General Ban Ki-Moon says, “On Human Rights Day, let us recommit to guaranteeing the fundamental freedoms and protecting the human rights of all.”

You can follow the worldwide activities associated with this day on social media through #HumanRightsDay.

Refugees in Texas

Posted on by

Refugees Arrive in Texas

Syrian refugees arrived in Texas last night, after the state relented on its legal right to prevent refugee resettlement in the state.

The plight of the Syrian refugees has caused many Western countries to think about their refugee resettlement programs. Countries have argued internally about how many refugees they should accept. Refugees have bounced around the European Union, undergoing the long vetting process before they can be accepted. The United States has had similar discussions, arguing how many Syrian refugees to accept and even whether we should accept any.

Texas filed a lawsuit last week against the federal government and the International Rescue Committee. The governor wants to block the resettlement of a Syrian refugee family in its state. Thirty-one governors have voiced their opposition to Syrian refugees settling in their states. Texas is the first state to take legal action in manifesting its opposition. The federal government has emphasized that governors lack the authority to decide whether or not refugees can settle in their states. Immigration is in the purview of the federal government. The lawsuit contends through the Refugee Act of 1980 and security concerns that the federal government and IRC need to consult with the states. For its part, the IRC has stated it has worked with Texas for 40 years to ensure the smooth resettlement of refugees into the state.

The lawsuit remains pending. On December 4, the state withdrew its request for an order immediately preventing the refugees from entering the state.

Asylum Interview Times

Posted on by

Asylum Interviews Times

 

An important aspect of the immigration apparatus in the United States is asylum. Although the number of people granted asylum each year is lower than the number entering through family-based or employment-based immigration (statistics), it is a pathway to Permanent Residence, Citizenship, and sponsoring family members. It is the humanitarian branch of immigration. Recognizing that conditions in many countries are impossible and that people face persecution from their governments or other people in their countries, the United States offers a chance at safety and a new life. There are many legal hurdles and statutory requirements for an applicant requesting asylum. Asylum is not granted just because someone’s country is experiencing turmoil or there are difficult circumstances. There must be past persecution or a well-founded fear of future persecution, on the basis of at least one of five statutorily enumerated grounds.

 

Political leaders are debating raising the asylum and refugee ceiling from its current 70,000 limit to a higher number to accommodate Syrians escaping war-torn Syria. Information released by the asylum offices across the United States indicates that they are backlogged on their interviews. Asylum applicants receive an interview at an asylum office. Current times are discouraging. Someone who lives in the jurisdiction for Arlington will not have an interview scheduled currently unless she filed her application in August 2013. That is a wait time of over two years. Hopefully the processing times speed up and more applicants have a quicker chance to present their cases.