Many Nepalese in America settled through US asylum process even famous journalist, artist, celebrity, and political darlings.
No matter the political situation in Nepal, Nepalese was once given easy access to seek asylum in the USA based on religious and political grounds. But things turned out after the regime of President Donald Trump, today the Immigration Judge is stiffer when deciding on the asylum cases as in the year 2020 the World Data states the total number of Nepalese applicants applying for the asylum case was 413 while the acceptance was given to only 10 cases while the remaining 166 got rejected.
In this article we shall provide limelight on the process of U.S. asylum, eligibility, applications, and the number of times the Nepalese can appeal for the asylum.
What kind of Nepalese can appeal for asylum in the USA?
Before landing in the USA, every Nepalese must determine their eligibility for asylum. You must present documented proof of your ‘fear of persecution if you quantify political aspects, religion, nationality, and race.
The documents that you submit must comprise videography and photographs.
Earlier during the ongoing civil war in Nepal, many Nepalese citizens studying in the USA filed for asylum upon completion of their studies.
What is the eligibility of Nepalese appealing for the asylum in USA?
Nepalese asylum seekers may apply in the United States at ports of entry or within the country. Asylum can be used regardless of your immigration status within a year of landing in the United States.
Nepalese asylum applicants who have the following circumstances are ineligible:
You need to file your application; if you have lived in the United States for over a year, you need to file your application. Exceptions may be granted if you meet specific criteria.
- Changes in circumstances materially affect eligibility for asylum
- or that relates to your delay in filing.
- For an exception to apply, you still must submit your request in a reasonable amount of time under the circumstances.
Depending on your asylum status, you may be allowed to remain in the United States. Upon arrival in the United States within one year, you can apply for asylum by filing I-589 form, asylum applications are free of charge.
When your application is submitted or before the final decision is made, your child must be under 21 and unmarried.
In the meantime, you can easily include your spouse and children while your application is in process and when no final verdict is given.
Please refer to Form I-589, Application for Asylum and withholding of Removal, for more information.
How should Nepalese file for the asylum process in the USA?
The Nepalese must follow eight processes when applying for asylum in the USA.
- Gain permit to enter in the USA
- Get hold of an appointment with legal assistance in the USA.
- Connecting with the resourceful attorney before filing for asylum. While filing, do keep a copy of every document.
- File for all kinds of asylum applications within one year of arrival in the USA.
- Once you file the asylum, do wait for 150 days and, after that, submit the 180-day employment authorization letter.
- Do check your asylum status.
- The applicant who is randomly selected for a quick interview can expect to receive an interview appointment approximately six weeks after mailing in the application.
- Receiving the asylum decision is the final step which generally is granted within two weeks after the interview.
What do the applications consist of when applying for asylum?
A letter explaining why your Form I-589 is being filed with the Asylum Vetting Center and indicating which category you are filing under must accompany your Form I-589. Your case gets directed to the appropriate filing location if it doesn’t fit into one of these categories.
There are ten pages in the asylum application plus two supplement pages. A lot of information is required on the application form, including:
- Data about you;
- Any information about your spouse and children;
- Your residence for the past five years (where you lived);
- The reason for your asylum request.
If you were extremely careful not to omit or conceal information that could affect the asylum decision in your case.
Due to the new restrictions on immigration introduced by the Trump administration, it has become increasingly difficult to obtain political asylum in the United States. An immigration lawyer can help you improve your chances of receiving political asylum.
If you need help preparing your story to convince the Immigration Judge or USCIS that you are qualified for asylum, you must contact a professional asylum lawyer.
If you are denied asylum, how many times can you appeal?
In the United States, if you apply for the form of protection from persecution known as “asylum,” you will likely find it difficult to convince the U.S. government that you are telling the truth (not lying) and meeting the criteria for asylum. It is estimated that asylum officers or immigration judges reject at least half of asylum applications filed in the U.S.
If you are denied asylum, what is your next step? Fortunately, you have several options for appeal. The various appeal decisions are likely to be delayed while you await them.
What can be done after the asylum denial?
- You can refer to the Immigration court
- If again denied by the immigration court, you can appeal to the Board of Immigration Appeal (BIA)
- On denial from BIA, you can go to the U.S. court of appeals
- Again, it gets denied, you can approach U.S. supreme court.
Even if your asylum gets denied from the U.S. Supreme, there are no options; hence before facing massive rejections, hire a skilled lawyer to defend and represent you in the court.
Can Nepalese file for a green card once they are granted US asylum?
Yes, you can apply for the green card by filing in Form I 485. In our next article, we shall discuss the green card for asylum used by Nepalese people.
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