The Asylumist: How to Seek Asylum in the United States and Keep Your Sanity

The United States has a long commitment to human rights. Our asylum system is one manifestation of that commitment. Since the end of World War II, our government’s dedication to human rights in general, and asylum seekers in particular, has waxed and waned, but the core principle—our fealty to protect people fleeing persecution on account of race, religion, nationality, political opinion, and particular social group—has remained constant. That is the law as set forth in the Refugee Convention of 1951 and the Protocol Relating to the Status of Refugees of 1967, and formally codified in U.S. law as the Refugee Act of 1980. Putting our humanitarian ideals into practice has proved to be a messy business. Our laws and regulations related to asylum reflect our schizophrenic view of non-citizens. On the one hand, we seek to protect those who fear harm and we take rightful pride in our country’s record as a champion of human rights. On the other hand, we constantly fret that “aliens” are taking advantage of our generosity, or worse, that criminals and terrorists are infiltrating our nation through a porous immigration system.What does all this mean in practical terms for asylum seekers navigating the fraught path to safety and stability—to resettlement—in the United States? That is the question which has animated my blog, The Asylumist, for over a decade and my career as an asylum attorney for many more years than that. It is also the reason for this book. After more than ten years writing a blog, I felt I had a lot useful material for asylum seekers and advocates, but it wasn’t organized or easily accessible. In this book, I’ve selected the most helpful and popular blog posts, updated them, and sorted them by topic.This book isn’t meant to be read cover to cover. Rather, it is divided by chapter to help asylum seekers and advocates find the information that is most useful to them, and to answer questions about the various parts of the process. Hopefully, this arrangement will be useful for asylum seekers and for others interested in the U.S. asylum system. Of course, this book is not a substitute for obtaining advice from an attorney or an accredited representative. The rules related to asylum are in constant flux. What is true today may not be true tomorrow, and what worked for your friend may not work for you. There are many subtleties and pitfalls in the asylum process, and no book (or blog) can substitute for having an expert review the specifics of your case. Also, this is not a traditional “how to” book, in the sense that it does not offer step-by-step instructions about how to seek asylum in the United States. Such a book would be difficult to write for an audience of non-lawyers (or even for an audience of lawyers), since there are so many variables. Each case has its own peculiarities and the law changes frequently. Instead, this book is meant to serve as a companion for asylum seekers and their advocates. It is designed to support you as you navigate the asylum bureaucracy. It answers a number of common questions and aspires to help asylum seekers better understand the process. Further, and not least of all, this book aims to provide some comfort to those working their way through a difficult, confusing, demoralizing, and often unjust system. Perhaps by learning more about the process, asylum seekers will feel more empowered and more hopeful. Beyond any of that, I hope this book helps you see that you are not alone in your journey, and that there are many Americans waiting with outstretched arms to welcome you home.