Q&A

What is asylum eligibility?

What is asylum eligibility?

To establish eligibility for asylum or refugee status under U.S. law (8 U.S.C. § 1158), you must prove that you meet the definition of a refugee (under 8 U.S.C. § 1101). In brief, this means showing that you are either the victim of past persecution or you have a well-founded fear of future persecution.

How long does it take to get an interview for asylum?

They do this by telling the immigration officials there that they wish to claim asylum. If you do this, you will usually have your first interview to gather basic information about you and your journey – your screening interview – that day or in the next five days.

Where do asylum seekers go to apply for asylum?

Asylum seekers crossing the border illegally at Roxham Road are met by the RCMP, and then taken to a Canada Border Services Agency office where they fill out a Basis of Claim form. In the past, an eligibility interview would usually take place on the same day to determine if the seeker is able to proceed with their refugee claim in Canada.

How are asylum seekers able to claim refugee status in Canada?

Asylum seekers who come to Canada are often able to make their claim for refugee status on the same day they arrive. But in Quebec the process has been disrupted by the recent influx of asylum seekers from the U.S. Here’s a closer look at how that process normally works and how it’s been affected by the sudden increase in demand.

When does the UK refuse to consider an asylum claim?

The UK government may refuse to consider asylum claims made after 1 January 2021 if they believe you “could enjoy sufficient protection in a safe third country” if you travelled through another country on the way to the UK and/or there is a country to which the UK says you have a “connection”.

What happens at the end of an asylum interview?

If you have any additions or corrections to your asylum application (for example, correcting a factual mistake or adding new supporting documents), make sure to tell the AO at the beginning of your interview. The AO will have reviewed your asylum application and your immigration file before interviewing you.

Can a police officer use your testimony in an asylum application?

Asylum applications are confidential and personal. The officer is not allowed to use other applicants’ testimony unless they give a waiver of confidentiality (e.g. “You may use my brother’s testimony for my asylum application, and he agrees to waive his right to confidentiality in order for you to do so”).

Do you have to be in the US to apply for asylum?

Yes, all applicants included in the application have to be in the U.S. and will have to undergo the interview, including spouses and children. They will be asked questions to determine whether there are issues that may exclude them from getting asylum (called “asylum bar questions”).

Do you have to disclose your criminal history when applying for asylum?

You must disclose any criminal history on your Form I-589, Application for Asylum and for Withholding of Removal, and at your asylum interview. If you do not disclose such information, your asylum claim will be referred to the immigration court and may result in fines or imprisonment for committing perjury.