El hecho de vivir situaciones «difíciles» en su país de origen no quiere decir que Estados Unidos le concederá asilo de inmediato. Hay cinco causas para ganar una petición de asilo.
Para obtenerlo hay que demostrar que existe un miedo de «persecución creíble» por cinco motivos específicos: raza, religión, nacionalidad, pertenecer a un grupo social específico o por opiniones políticas.
A high percentage of asylum claims is rejected due to lack of evidence. The evidence to support an asylum petition must be firm, and yet the final decision is at the discretion of the agents or an immigration judge.
If the asylum case is lost, the foreigner will have to leave the country.
- After 150 days have elapsed from having filed the asylum application with the judge or the immigration service, you can apply for a work permit while the case remains pending. It can be renewed until you have a final decision on your asylum case.
- 1 year after your asylum case is approved, you can apply for permanent residence and ask your spouses and children.
Having a tourist or business visa (B-1 or B-2), with a duration of 10 years stamped on the passport does not mean that the carrier can stay 10 years in the United States.
With a B-1 or B-2 visa they will let you get on the plane, but it will be an immigration agent in the United States who will tell you if you can enter, how long you can stay and the date you should leave.
Before September 11, 2001, the United States allowed stays of up to six months, which could be extended, but after the attacks the length of stay is shorter and extensions of stay are granted only in cases of emergency. Each case is reviewed individually.
Legal immigrants with pending proceedings in the immigration service cannot leave the United States at their own discretion, as they run the risk of losing all their rights
To do so with guarantees, they must request a re-entry permit from the Office of Citizenship and Immigration Services (USCIS).
And permits are only authorized in certain cases after meeting a series of requirements.
The management of an exit permit can take between 90 and 150 days, depending on the type of procedure pending.
Traces, deportation orders or data of people who have been detained by immigration authorities or who have had some procedure with the immigration department are not deleted even if 10 or more years have passed, they are always kept in the system.
Many undocumented immigrants travel daily within the United States without problem. Undocumented people can travel by plane within the United States, as long as they meet the requirements that the Transportation Security Administration (TSA) imposes on any other traveler. One of these requirements includes having a valid photo identification, such as a driver's license (which is not marked or says not for federal use), or a valid foreign passport.
Everyone detained by ICE has the right to remain silent and ask to speak with an immigration lawyer. You should not sign anything without first having an immigration lawyer. If you sign documents that you do not understand it may affect your ability to remain in the country
ICE has 48 hours to formally charge you through a document called Notice to Appear where you will have to go before an immigration judge to present your case and request a bond.
All detainees have the right to a phone call to notify their relatives. This call is short and you should ask your family member to write down the following information: Your foreigner number that begins with the letter A.