The hope of winning an asylum case

The asylum is a way to obtain permanent residence in the US. Asylum cases tend to be complicated given that there are several factors that must be met, and that can affect the hope of the case being approved or not.

Having said this, how probable is it that an asylum case is approved?

Factors to consider

Place of birth

One of the factors to consider is where was it born. If born in certain countries like Cuba or Venezuela, there might be more probability of the case being approved. It is not like this for every country. On the other side, if born, for instance, in Mexico, it can be harder; not impossible, but harder to win an asylum case.

Place of residence (in the US)

Another factor to consider is where you live in the US. In the case of Texas jurisdiction, for instance, it is a fact that many people enter this State from Mexico, El Salvador, Honduras, among other countries; looking for a way to become legal immigrants through asylum. For many people, it is difficult to win these cases; especially for those from Mexico. In certain Texas cities, like El Paso, there are judges who approve just from 3% to 5% of asylum cases; reason for which is difficult to get these cases approved.

There are also other jurisdictions, for instance, New York and New Jersey, where the same person with the same case and same factors can have higher probabilities, only for the fact of being in another State in which its jurisdiction, judges can be more open to approving asylum cases.

Similar to how not every case in Texas will be denied, not every case in New York or New Jersey will be approved.

Specific rules

There are other factors that can strengthen an asylum case. For instance, in the case of immigrants from Cuba, there are specific rules that can be favorable. One of those rules is that if an immigrant from Cuba enters the US by the border, not illegally, but passing through the border, in case he/she is holding a Birth Certificate or other official document that can demonstrate his/her nationality, may be able to obtain a special document called Parole. This Parole can be obtained if entering the US legally for the first time through the bridge.

Once with this document, and after a year of being physically present in the US, the person will be able to apply for a Permanent Residence. It is a simple process, given that is not based on having a US citizen or legal resident spouse, nor in having a +21 years old citizen son/daughter. For an immigrant from Cuba, it can increase significantly the probability of obtaining Permanent Residence.

Something that can be done if there is fear of being forced to go back to the home country, and if having less than 6 months living in the US, is to submit a Bona Fide Asylum application. The reason for which this application is recommended is that it will provide two possible ways to become a legal immigrant.

Bona Fide Asylum

One is by the Bona Fide Asylum application; which allows extending the asylum case. Now, if it is known that it will be a difficult case, for instance, if the judges demonstrate not being in favor of the case, the other method can be held as a B plan.

Laboral Petition

This other method to become a legal immigrant, in case you have submitted a Bona Fide Asylum application before completing six months, i.e. before starting to generate illegal presence, is through a Laboral Petition. The Laboral Petition applies, generally, to people who have no illegal presence in the US. It can be a good idea, during the time the asylum case is being processed, and if counting with a company or employer who is willing to help with the Permanent Residence procedure, to apply to this process called PERM, which is a Laboral Petition. It is a petition which is not easy. However, a good lawyer will be able to deal with it, and having that, Permanent Residence can be obtained.

The Bona Fide Asylum application could be used as plan A, and the Laboral Petition through the PERM process as plan B. There are specific requirements for PERM applications, and it must start with an employer submitting the application. This can be another way to become a legal immigrant through an asylum application.

It is worth mentioning that asylum applications are complicated, and that each case is different. There is a series of factors that must be taken into consideration, reason for which it’s recommended to consult with an Immigration Lawyer.