Court Order Affects Asylum Pathways Rule
On August 3, 2023, the U.S. Court of Appeals for the Ninth Circuit issued a stay on the U.S. District Court for the Northern District of California’s order in the case of East Bay Sanctuary Covenant v. Biden (18-cv-06810 N.D. Cal.). This stay has reinstated the Circumvention of Lawful Pathways (CLP) rule. During this period of the stay, USCIS will continue to apply the CLP rule.
The CLP rule presumes certain individuals entering the United States through its southwest land border or adjacent coastal borders to be ineligible for asylum, unless they can demonstrate exceptions or rebut the presumption. It is strongly advised for individuals to use lawful, safe, and orderly pathways to enter the United States.
Filing for Asylum
Every year, individuals seek protection in the United States due to persecution or the fear of persecution based on various grounds, including race, religion, nationality, membership in a particular social group, or political opinion. This application is only available to those physically present in the United States who are not U.S. citizens.
For certain affirmative asylum applicants, an online Form I-589 filing option is available. However, this option is not applicable to those in immigration court proceedings, unaccompanied alien children in removal proceedings, specific categories of applicants outlined in special instructions on the Form I-589 webpage, or those with pending Form I-589 applications.
Eligible asylum applicants may be permitted to remain in the United States. To apply for asylum either affirmatively or defensively, file a Form I-589, Application for Asylum and for Withholding of Removal, within one year of arriving in the United States.
You can include your spouse and unmarried children under 21 years old as dependents on your affirmative or defensive asylum application at the time of filing or until a final decision is reached on your application.
Contact Jeelani Law Firm today to get started on your Asylum application.