President Biden's Asylum Policy

The early months of Biden's administration have been shadowed by a major increase in immigration, with border agents encountering more than 100,000 people attempting to cross unauthorized in February and more than 170,000 in March, a 15-year high. Critics on the right blame the president's welcoming rhetoric, saying that after Donald Trump's hard-line tack toward the border, it's no wondermigrants are rushing in under supposedly softer leadership. But migrants themselves have a very different view: The issue isn't Biden extending a hand; it's that he hasn't figured out what he wants to do — and has kept the legal pathway closed in the meantime.

Despite promising a new approach, Biden has left the effective asylum ban in place, with few exceptions. Realizing they have no prospect for legal entry into the U.S. anytime soon, many migrants like the ones here, stuck in Tijuana without a safe home to return to, are making the painful decision to try to cross the border outside the proper channels.

The 5 Bases for Asylum are:

Race, Religion, Nationality, Political Opinion , and Gender based.

One must prove that one or one's family has been persecuted in their own country in the past and because of that persecution one has a "credible fear" of returning to their home country.

The attacks or threats of violence must have been committed by government officials or criminal gangs members that the government cannot or will not protect against.

Filing Deadline - Work Authorization

Petitions for Asylum must be filed within 1 year of entry into the United States, absent extraordinary circumstances. Upon filing for Asylum a work permit can be issued after 180 days.

Preparing for Trial

We begin right away to prepare for court, gathering evidence of threats or attacks. Many times there exist no police reports or medical records of injuries. Our lawyers prepare witnesses to testify from the home country and gather proof of the threats and violence that are common in that country at time of trial.

For more information contact our attorneys at (775) 826-2099, (702) 836-9003, (415) 513-4533, or (877) 659-3771. email John Carrico: Immigration - Family Visa link button