Last Updated on April 1, 2024 by Jawad Ali
Asylum seekers have many rights under international and national law. However, there is one right that stands above all the others: the right to seek asylum. This right is enshrined in the Universal Declaration of Human Rights and has been reaffirmed by numerous treaties and conventions. It is the most important legal right you have as an asylum seeker. Without it, you would be unable to escape persecution or violence and find safety in another country. The importance of this right cannot be overstated.
The right to seek asylum is a fundamental human right.
The right to seek asylum is a fundamental human right that allows anyone, regardless of nationality or creed, to find refuge from persecution and danger. Numerous international conventions over the years have stipulated that no country can deny a person the inalienable right to safety and security.
This idea was crystallized in 1951 with the Universal Declaration of Human Rights, which proclaimed all persons have the right to seek and enjoy asylum in other countries. Even then, it provided legal protection for this basic human right, setting down rules and processes should anyone, no matter their background, be forced to require another nation’s assistance.
Protection against statelessness, expulsion or return to unsafe or hostile environments must be guaranteed if true universality of access and security is expected.
Today these same rules are still upheld, providing vital lifelines to those facing dangers they cannot escape alone; our commitment as an international society must remain resolute – we must always uphold these basic rights for all people worldwide.
What is asylum, and who qualifies for it?
An asylum is a form of humanitarian protection given to people unable to stay in their home countries and find safety there. People may seek asylum under the United Nations Refugee Convention if they are persecuted and face danger due to factors such as their race, religion, nationality, membership in a particular social group, or political opinion.
To qualify for asylum, an applicant must show evidence of being genuinely at risk in the country of origin, provide proof that this danger has been present in the past and still continues today (or could potentially start again in the future), be physically present inside a certain country seeking asylum and have enough money or resources to support themselves while awaiting approval.
The process of seeking asylum in the United States
Seeking asylum in the United States can be a long and complicated process. Those hoping to obtain protection must apply for asylum with USCIS, the U.S. Citizenship and Immigration Services.
This includes submitting an official application and pertinent evidence, such as medical reports and documents proving your identity. If accepted, a hearing will be scheduled before an immigration judge who will assess your case and decide whether or not to grant you asylum.
Although this process takes a significant amount of time and effort, it is one of the most important foundations of international social justice – providing those who are vulnerable or persecuted the opportunity to seek refuge in a new and better life for themselves and their loved ones.
The rights you have while your asylum claim is being processed.
As an asylum seeker, you have the right to legal representation when your claim is processed. Your immigration lawyer should explain the process to you professionally and knowledgeably, helping you understand how it works and outlining potential difficulties that may arise and potential solutions.
You also have the right to a translator or interpreter if English is not your native language. They can help ensure you know all instructions, deadlines, and opportunities during your stay. They will also provide support during formal interviews with officials, so that cultural nuances are not lost in translation.
Most importantly, while your asylum claim is being processed, you have the right to humane treatment, legal protection from refoulement, and basic necessities such as medical care and food.
What happens if your asylum claim is denied
If your asylum claim is denied, you may face the danger of being returned to the country from which you sought refuge. You have the right to appeal the decision. However, this can be a long and difficult process.
Those who decide to appeal should take time to seek legal advice from a reputable lawyer or organization specializing in immigration assistance. If a successful appeal is not possible, many other humanitarian forms of protection can be explored, including temporary protection, legal residence, or even naturalization.
Although it can be difficult, it is important to consider your options before returning to a potentially dangerous situation.
How to get help if you’re an asylum seeker in the United States
For the thousands of asylum seekers in the United States, seeking help can often be daunting. Fortunately, various resources are available to assist these individuals and their families.
The online resource AsylumConnect is one way for those seeking help to connect with reliable and vetted organizations that can provide legal advice, language assistance, housing assistance, and more.
Additionally, most states have government-led initiatives offering support services like free mental health counseling and medical care tailored to refugee and immigrant populations.
Lastly, many religious communities often open their doors to those in need, offering food pantries, clothing by donation, or various other support services. These resources can help make the journey easier for asylum seekers in the United States.
Call us for asylum assistance.
It is important to remember that the right to seek asylum from persecution and violence is a fundamental human right. Even though seeking asylum in the United States can be difficult, it is possible for those who are eligible and are willing to fight for their right to stay.
It’s essential to understand the difference between refugees and asylum seekers, what rights you have when your asylum claim is being processed, and, most importantly, the potential outcomes if your claim is denied. Lastly, if you face certain challenges while seeking asylum in the United States, don’t hesitate to get help from experienced legal professionals like Ruby Powers Law.
This law firm has been helping thousands of immigrants navigate through the complexities of challenging U.S. immigration laws, including obtaining a right to settle into another country via proper legal channels or bettering one’s current standing in life when residing permanently in the United States. If you need specialized help related to an asylum case or any other immigration service, please don’t hesitate to contact an immigration law firm like Ruby Powers Law for assistance!
