Lawyers and experts are concerned about an increase in denials of positive asylum claims filed with the Office of Citizenship and Immigration Services (USCIS). And they also warn that the high number of inquiries at the federal agency has led to longer waiting times.
“USCIS is currently receiving an increased number of paper-filed Forms I-589 (Asylum Application and Withholding of Removal) that we must reject,” the agency says. And the reasons are “that they are incomplete or poorly presented,” he explains.
At the same time as the warning, USCIS offers remedial action: “To avoid application denial and to ensure timely acceptance of your positive asylum application, it is important to properly submit a complete and signed petition or petition through the Form I-589“, he clarifies.
Know the rules of the game
The main reason for the denial “is that many aliens who are in the United States and plan to apply for asylum don’t know the rules of the game,” says Jaime Barrón, an immigration lawyer who practices in Dallas, Texas.
“Many people don’t know the legal basis for their claim to asylum. They explain in the Form I-589 that they come with fear that there is no work, that there is a lack of economic opportunities in their countries and that they have no work. And none of this is a reason for asylum,” he adds.
“The majority of those who apply for asylum in the United States lose it because their applications have no legal basis,” says Barrón.
The USCIS reminds on its website that “every year, people come to the United States seeking protection because they have suffered persecution or fear that they will be persecuted because of their race, religion, nationality, membership in a particular social group, or opinion be pursued.” . Politics”.
“The lack of employment, opportunities or the search for a better future are not grounds for asylum,” affirms Barrón.
Other reasons for rejection
But it is not just the lack of a reason for asylum that leads to the rejection of the I-589 form. The American Immigration Lawyers Association (AILA) makes the following recommendations:
- Before filing Form I-589, carefully read all instructions issued by USCIS.
- Find out about the eligibility requirements for yourself, your spouse and your children.
- Use this USCIS tool to determine whether you can submit your positive asylum application online;
- Submit Form I-589 with the most recent issuance date (January 3, 2023).
- Attach all pages of Form I-589.
- Make sure that the form’s issue date and page numbers are visible at the bottom of all pages and that all pages are from the same edition of the form.
USCIS notes that if pages of Form I-589 are missing or from a different form edition, can refuse the asylum application.
In addition, you must take this into account when applying for asylum
- You sign Form I-589 in Part D on page 9;
- Complete the form I-589 in Englishincluding explanation fields in the form;
- When filing Form I-589, do not submit a passport photo, multiple copies of the form, or multiple copies of supporting documents.
When it comes to submitting supporting documents, José Guerrero, an immigration attorney based in Miami, Florida, recommends that when it comes to documents such as birth certificates or similar documents, “make a photocopy and keep the originals so you can have them on hand later. “You may need them.”
“And in the case of court documents or police arrests, make copies, make the translations that you need to make and send the originals, but you keep the copies of those documents,” he explained.
Both AILA and USCIS recommended consulting the “Filing Tips” section on the Form I-589 page “for additional filing tips.”
Where to file Form I-589?
This is perhaps the most important step in the process of applying for positive asylum. “To avoid rejections and delays in processing, you must submit your affirmative asylum application to
the correct location,” USCIS says. To find out where the I-589 form is sent, Check out this page.
USCIS also reminds that to apply for asylum, the alien must be present in the United States and has one year from the date of entry into the country. If you do not do so within this period, you will lose your right to remain or to seek protection from the U.S. government under the Asylum Act.
In what cases, in addition to the above errors, will you be refused asylum:
Asylum vetoes
USCIS warns that you may not be eligible to apply for asylum if:
- You did not meet the one-year deadline to file Form I-589 (Asylum Application and Withholding of Removal). The one-year period is calculated from the date of your last arrival in the United States or April 1, 1997, whichever is later.
- An immigration judge or the Board of Immigration Appeals (BIA) has denied you a previous asylum application;
- May be transferred to a safe third country under a two- or multi-party agreement between the United States and other countries;
There are additional exceptions to these vetoes for “circumstances that have changed” or “extraordinary circumstances,” USCIS warns.
Almost a million cases accumulated
As of June 30, 2023, USCIS had accumulated 920,963 positive asylum applications via Form I-589. “We have cases that have been waiting for resolution for more than two years,” said Alex Gálvez, an immigration attorney based in Los Angeles, California. “And we know that new cases have a better outcome with a wait of three to six months. “We have identified two lanes, the first of which was affected by the COVID-19 pandemic between 2020 and 2023,” he explained.
Gálvez also stated that “affirmative asylum applicants must take into account that they may begin applying for work authorization with USCIS 180 days after the pendency of their case.” Form I-765“.
USCIS also reminded that upon receipt of the completed application or Form I-589, the immigrant will receive two notifications:
- confirmation of receipt of your request; And
- Notification to visit the nearest Application Assistance Center (ASC) for biometric fingerprinting.
Lawyers consulted by Noticias also reiterated that cases rejected by USCIS are referred to immigration court (EOIR), where plaintiffs face deportation proceedings from the United States. These cases become “defense institutions.”