Asylum In The Usa: A Guide For Bolivians

If you are a citizen of Bolivia and want to apply for asylum in the USA, you must be physically present in the United States and not a U.S. citizen. You must also be able to demonstrate that you were persecuted or have a well-founded fear of persecution in Bolivia due to your race, religion, nationality, membership in a particular social group, or political opinion. You must apply for asylum within 1 year of your arrival in the U.S. and there is no fee for applying. In 2022, 458 people fled to the United States from Bolivia, with 22.73% of new applications accepted.

Asylum criteria: fear of persecution due to race, religion, nationality, group membership, or political opinion

To be eligible for asylum in the USA, an applicant must meet the definition of a refugee as defined by the Immigration and Nationality Act (INA). The INA defines a refugee as:

> "Any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person habitually resided, and who is unable or unwilling to avail himself or herself of the protection of that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion."

Therefore, to apply for asylum in the USA from Bolivia, you must demonstrate a well-founded fear of persecution due to your race, religion, nationality, group membership, or political opinion. This means that you must provide credible evidence that your life or freedom is at risk because of one of these protected grounds.

• Well-Founded Fear of Persecution: You must demonstrate a genuine fear of persecution that is objectively reasonable. This can be based on past persecution or the risk of future persecution if returned to Bolivia.
• Protected Grounds: The persecution must be directly linked to one of the five protected grounds: race, religion, nationality, membership in a particular social group, or political opinion.
• Actor of Persecution: The persecution can be inflicted by governmental actors or non-governmental actors that the Bolivian government is unwilling or unable to control.
• Severity of Persecution: Persecution can take various forms, including serious physical harm, coercive medical treatment, invidious prosecution, severe discrimination, or criminal extortion.
• Nexus Between Group Membership and Persecution: You must establish a clear link between your group membership (race, religion, nationality, etc.) and the persecution you fear.
• Subjective and Objective Fear: You must demonstrate both a subjective fear (genuine fear) and an objective fear (reasonable fear) of persecution.
• Documentation and Evidence: It is essential to provide credible evidence, such as news media articles, country reports, witness testimonies, and personal experiences, to support your claim of persecution.
• One-Year Filing Deadline: Asylum applications must generally be filed within one year of arriving in the United States.

Application process: Form I-589, within 1 year of arrival

To apply for asylum in the United States, you must submit U.S. Citizenship and Immigration Services (USCIS) Form I-589 within one year of arriving in the country. This form is used by individuals who are in the United States and seeking protection as refugees. It is the official application form for requesting asylum in the U.S. and for requesting withholding of removal. Asylum is a form of protection granted to individuals who are unable or unwilling to return to their home country due to past persecution or a well-founded fear of future persecution based on their race, religion, nationality, membership in a particular social group, or political opinion.

Withholding of removal is another form of protection with a higher burden of proof compared to asylum. To be eligible for withholding of removal, individuals must establish that it is more likely than not that they would face persecution or torture in their home country. This protection prevents the individual from being removed from the U.S. and deported to a country where their life or freedom would be threatened.

To complete Form I-589, you will need to provide information about yourself, your spouse and children (if applicable), and your background. This includes your full name, mailing address, date of birth, home country, contact information, Social Security number, and marital status. You will also need to answer questions about your asylum claim, including the basis for your claim, any harms or threats relevant to your claim, and whether you fear harm or mistreatment if you return to your home country.

In addition to Form I-589, you will need to submit supporting documents, such as your birth certificate, marriage certificate (if applicable), passport or travel document, and I-94 (if you arrived in the United States with a visa or through the visa waiver program). If you are including your spouse and/or children on your application, you will need to provide similar documentation for them.

It is important to note that there is currently no fee to file Form I-589, and USCIS may require biometrics services, which are also provided at no cost to asylum applicants. However, failing to file Form I-589 within one year of arriving in the United States may result in ineligibility for asylum, unless you can establish changed circumstances or extraordinary circumstances that affected your ability to file within the deadline.

Application cost: free

There is currently no fee to apply for asylum in the United States. This is true regardless of your immigration status, and whether you are at a port of entry or already in the United States.

However, you may wish to hire an attorney to help with your application, as asylum law and the application process are complex. Attorney fees for asylum cases vary depending on factors such as the attorney's experience and reputation, the time and labour required, the usual fee for a comparable case in your region, and any time limitations on your case. For an affirmative application, the attorney might charge a flat fee, with the reported average somewhere between $3,500 and $8,000.

If you cannot afford to hire an asylum attorney, there are nonprofit organizations throughout the United States that offer these services for free or at a reduced cost. The U.S. immigration court maintains a list of organizations and attorneys qualified to provide free or low-cost legal services.

In addition to attorney fees, you may also need to pay for incidental items like mailing, photocopying, and phone calls. If recommended, you may also need to pay for a separate medical or psychological evaluation, and for an expert witness to testify or prepare a report on your behalf. You will also need to pay for transportation to and from the asylum office or immigration court, as well as accommodation fees if the office is in a different city.

Decision time: typically within 180 days

If you are seeking asylum in the USA from Bolivia, there are a number of steps you must take and requirements you must meet. Firstly, you must be physically present in the USA to apply for asylum. You must also complete Form I-589, Application for Asylum and for Withholding of Removal, within 1 year of your arrival in the United States. There is no fee for applying for asylum.

Once your application has been received, you will receive two notices: an acknowledgment of receipt of your application, and a notice to visit your nearest application support center (ASC) for fingerprinting. You will need to take your ASC Appointment Notice with you to your fingerprinting appointment.

Next, you will be scheduled for an interview with an asylum officer. Depending on where you live, this will be at either a USCIS asylum office or a circuit ride location, such as a USCIS field office. Your interview notice will tell you the date, location, and time of your asylum interview. You may bring an attorney or accredited representative to the interview, and you must also bring your spouse and any children seeking derivative asylum benefits. If you cannot speak English fluently, you must bring an interpreter.

The interview will generally last about 1 hour, and you may also bring witnesses to testify on your behalf. The asylum officer will determine whether you meet the definition of a refugee, are eligible to apply for asylum, and are not barred from being granted asylum. A supervisory asylum officer will then review the asylum officer's decision.

Finally, you will receive a decision. In most cases, you will return to the asylum office to pick up the decision 2 weeks after your interview. However, longer processing times may be required if you are currently in valid immigration status, were interviewed at a USCIS field office, have pending security checks, or have a case that is being reviewed by asylum division staff at USCIS headquarters. In these situations, your decision will be mailed to you.

A decision should typically be made on your asylum application within 180 days of submitting your application, unless there are exceptional circumstances. This period is known as the 180-Day Asylum EAD Clock. Delays that you request or cause while your asylum application is pending do not count towards this 180-day period. Such delays may include:

• Asking to transfer your case to a new asylum office or interview location
• Asking to reschedule your interview
• Failing to appear at an interview or biometrics appointment
• Failing to provide a competent interpreter at an interview
• Asking to provide additional evidence at or after an interview
• Submitting large volumes of evidence immediately before an interview that requires a reschedule
• Failing to receive and acknowledge an asylum decision in person, if required

If you are required to receive and acknowledge your asylum decision in person but fail to appear, your 180-Day Asylum EAD Clock will stop, and you may be ineligible to receive employment authorization. If your case is referred to an Immigration Court, your 180-Day Asylum EAD Clock will restart from your first hearing with an immigration judge.

Work eligibility: Form I-765, after 150 days

If you are seeking asylum in the USA from Bolivia, you must be physically present in the United States and not a US citizen. You must also be able to demonstrate that you were persecuted or have a fear of persecution in your home country due to your race, religion, nationality, membership in a particular social group, or political opinion.

To apply for employment authorization while your asylum application is pending, you must file a Form I-765, Application for Employment Authorization, after 150 days. This form is used by foreign nationals to obtain employment authorization in the US. It is important to note that you are not eligible to receive an Employment Authorization Document (EAD) until your asylum application has been pending for at least another 30 days, for a total of 180 days, commonly referred to as the 180-Day Asylum EAD Clock.

The Form I-765 processing time is generally about 3 months, but it can vary depending on the underlying eligibility category and service center. The cost to file Form I-765 is typically $520, but there may be additional fees for biometrics. However, if you are unable to pay the filing fee, you may request a fee waiver by submitting Form I-912.

To file Form I-765, you will need to provide personal information such as your name, date of birth, address, immigration status, and employment history. You will also need to submit supporting documents, including a copy of your I-94 travel record, US visa, passport photo page, previous work permits (if any), and two passport-style photos.

It is important to carefully review the instructions for Form I-765 and ensure that you are eligible to apply for employment authorization before submitting your application.

Frequently asked questions