Myth: It is easy to get asylum in the United States

Incorrect. A person must apply for asylum within one year of entering the United States.

The process of achieving asylum is long and arduous, especially for persons who have little or no English communication skills. Multiple agencies are involved in screening and vetting individuals and families. Asylum seekers must submit extensive documentation such as identification, medical records, affidavits from witnesses, and in cases including torture or trauma testimonies from medical professionals.

An interview to determine “credible fear” must be conducted. An asylum officer determines if there is a “significant possibility” that the person will face persecution if they are returned to their country of origin. This protects a person from removal only temporarily. An approved claim can only be granted by an immigration judge or an asylum officer.

Having an immigration attorney is vitally important for the asylum seeker to navigate this labyrinthine process. Many of our residents have been assisted by staff from the Erie County Volunteer Lawyers Project in dealing with these complicated legal issues.