THE RISKS AND BENEFITS OF ASYLUM CONTINUED

In my last post regarding the risks and benefits of asylum, it would appear that I was a bit heavy on the risks and much too light on the benefits. Thus, the following are some of the wonderful benefits to be realized by alien asylees in the United States:

1. ONGOING STATUS IN THE UNITED STATES

Individuals granted asylum are termed "asylees" and are allowed to remain in the U.S. indefinitely. While it is possible that an asylum grant may be reversed where country conditions in the country from which the alien applies for asylum change, it is unlikely that a change in such conditions would send the Government on a quest to actively reverse this particular status. Certain criminal convictions or certain subsequent findings of fraud in the asylum process may result ultimately in the loss of asylee status. The alien's return to the country from which he or she is granted asylum while an asylee may also result in the loss of asylee status.

2. TRAVEL TO ANY PART OF THE WORLD (EXCEPT THE COUNTRY OF PERSECUTION) ON A REFUGEE TRAVEL DOCUMENT

Asylees are entitled to apply for and receive refugee travel documents from the US Government which they may use to travel anywhere in the world during the validity period of the document, except to the country in which they were persecuted or fear persecution. The asylum approval itself however is not a travel document and may not be used as such. Applying for the travel document is relatively simple process, which should be undertaken by the alien's attorney to best protect her interests.

3. SPONSORSHIP OF SPOUSES AND UNMARRIED CHILDREN.

Asylees, upon approval of their asylum claims become eligible to petition for their spouses and unmarried children under 21 to come to the United States as asylees. The petition process involves the filing of a relative petition with USCIS and, subsequent to approval, the relative(s)processing with the US Embassy overseas for a travel document to enter the US in derivative asylee status. This process sometimes appears simple to applicants, but can quickly become extremely complicated, where the relationships are not clearly defined, or are created by tribal or customary law as opposed to civil process. There are also certain advisories which a careful lawyer should give to asylee relative petitioners prior to the consular processing phase of the case.

4. ELIGIBILITY TO APPLY FOR LAWFUL PERMANENT RESIDENCE

Asylees may apply for lawful permanent residence one year after their asylum claim is finally and fully approved. The green-card is not dispatched automatically and the alien must apply for what is known as an adjustment of status. Though the adjustment process may appear simple on the surface, there is some fairly important legal analysis with respect to the alien's "admissibility" and criminal background, among other things, which should be conducted prior to the filing of the adjustment application. Further, there are aspects of the adjustment application which, if filled out carelessly, could lead to a reopening and investigation of the underlying asylum claim.

5. ELIGIBILITY FOR CERTAIN SOCIAL SERVICE BENEFITS

Asylees are immediately eligible for certain social service benefits, including but not limited to, cash assistance and other programs designed to allow the asylee to adjust to and establish his or her life in the new country. These programs are available through the Office of Refugee Resettlement (ORR).

6. INDEFINITE WORK AUTHORIZATION IN THE UNITED STATES

Asylees are entitled to work in the United States indefinitely and are not required to provide employment authorization documents (EADs) to employers. The problem however, is that most employers are not familiar with this exception to the EAD requirement and will demand EADs from asylees. Immigration lawyers knowledgable in this area are often able, if employed to do so by their clients, to demonstrate to employers how and why asylees are exempt from the EAD requirement. I however, urge all of my asylees to apply for and receive their EADs so as to simplify their lives and the lives of their employers or prospective employers.

7. FREEDOM AND DELIVERANCE FROM PERSECUTION

Above all else, the asylee is free to start a new life, without the burden of contemplating the return to a country in which she may have suffered severe past persecution or in which her life or liberty may be threatened.

Every asylee should cherish the benevolence and discretion of the US Government and its asylum officers and immigration judges who dispense the asylum program. Asylum is truly in some significant aspects, the gift of life for many who have been fortunate enough to make it to these shores from countries and experiences which hold for them only misery and persecution.

Duane M. Hamilton, Esq.