In this article we will discuss the “walk up” method of claiming US asylum – there are serious consequences for using this method, but if you have an emergency situation then this might be a viable option. It is vital that you carefully prepare and consult with an experienced asylum lawyer that specializes in border representation before trying this method.
Intro

Now, before we begin I want to repeat myself, and make clear that the walk up method does have serious risks. It is not the preferred way to seek asylum – that way is the CBP One appointment system. I have a video on all the ways to seek asylum, and another just on CBP One that might help you out. However, if you’re determined to trying this method at the very least please watch this video till the end, and consider hiring me or another experienced United States asylum lawyer to help you out. Ok, let’s begin going over the walk up method of seeking asylum.

What is the “Walk Up” Method?

Generally, the walk up method is a way to seek asylum at a Port of Entry (POE) if you are unable to use the CBP One App or if there is an emergency that requires you to enter the United States before you could make, and attend your CBP One appointment.

Essentially, it works like this. One morning you, and maybe your family if you’re all traveling together, show up at the official Port of Entry to the United States. You walk up to the Customs and Border Protection (CBP) officer who is asking to see documentation, and you tell him or her that you want asylum in the United States, that you could not use the CBP One App or that its an emergency so you couldn’t wait for the appointment, and that you would like to be considered a walk up applicant.

At that point the CBP officer will more than likely tell you to wait on the side, and they will see if they can get to you that day. If there are other walk ups that day you all will be waiting together at the side next to the entry to the United States.

If there are too many people that day then you might spend all day waiting and not get seen. If that happens you will have to leave and try again the next day, and then the next day, and then the next, until CBP agrees to see you. This method sounds simple but it is very risky.

Who Should Use the Walk Up Method

If you are a Mexican national or an unaccompanied minor or if you already tried getting asylum in another country and were denied you should definitely consider the walk up method. As a Mexican national you are not subject to any consequences for seeking asylum without first making an appointment with CBP One. This is true also for children that are traveling alone and for people who sought asylum in another country, and were denied.

If you have an emergency situation that puts your life or well being in imminent danger you should also consider using the walk up method, but be wary because – you may have to prove the facts around your emergency situation to the CBP officer at the border and eventually again to an immigration judge.

If you are having trouble using the CBP One app for technical reasons you should probably not use the walk up method unless you carefully document the failures and you consult with an experienced US asylum border attorney.

I want to make clear that failing to prove an emergency situation or that you could not use CBP One might result in serious consequences which we will now explore.

The Three Big Risks of Using the “Walk Up” Method

The thing you need to know about the walk up method is that CBP, and the United States government does not like it. This is not their preferred method of processing an asylum seeker. They greatly prefer people making appointments with CBP One. With CBP One they know who is coming, what time, and how many people will show up seeking asylum on a given day. With the walk up method they didn’t expect you around, and they know nothing about you. If you want to know more about the CBP One process watch this video I made on CBP one. There are also two big consequences for using the walk up method.

Increased Risk on Landing in Immigration Detention

First, you increase your odds of being detained by ICE if you use the walk up method. This is different then if you had used CBP One. If you walk up to the port of entry using CBP One, and convince them that you are afraid to return to your home country you have about a 98% chance of being given a court date and being released into the United States (no ICE detention). This is assuming you don’t have any criminal history and no prior immigration violations. However, if you use the walk up method you are slightly more likely to be detained. I can’t give you a number at this time, but there is an increase depending on your situation and how persuasive you can be that you could not use the CBP One app or that you are exempt from using the CBP One app.

You are Potentially Disqualified from Getting Asylum

The second and maybe the most important thing you need to understand about the walk up method is that even if you your succeed, and they let you into the building to screen you for asylum, and even if they believe that you have a genuine fear of returning to your home country, you may end up disqualified from seeking asylum when you get to the Immigration Judge.

• Under the Circumvention of Lawful Pathways order, which President Biden created, if you did not use CBP One to make your appointment you are in-eligible for asylum unless you can prove an exception or you can overcome what’s called a presumption of asylum ineligibility these exceptions are that, you did not use CBP One because:
• You applied and were denied asylum in some other country
• You are a Mexican citizen
• You are a minor traveling alone OR
• You could not use CBP One because either
  • you don’t speak English, Spanish or French Creole,
  • you are illiterate,
  • there was a severe technical failure, or some other obstacle stopped you,
  • You had imminent threat to you your life or safety,
  • You had an imminent medical emergency,
  • Some exceptional circumstance occurred to you or your traveling family member.

You will have to prove one or multiple of these 9 reasons why you did not use CBP One and convince an immigration judge under the preponderance of the evidence standard, which means that you were 51% justified in not using CBP One.

In other words, when your case finally comes to trial with the immigration judge before the judge will even consider your asylum claim you must prove one of these exceptions for why you did not use CBP One. If you can’t prove one of the exceptions you will be barred from asylum and will only be eligible for weaker protections called withholding of removal and CAT protections, which don’t result in legal permanent residence.

No Valid Entry or 30 day Employment Card

Third, you will not have a valid entry and will not get work authorization in 30 days. If CBP lets you in as a walk up it’s very unlikely they will parole you in. You will more than likely receive something that is called 212(d)(5) parole which does not count as a valid entry for other immigration benefits. Also, since you did not get a valid parole you will not get work authorization in 30 days of your entry to the United States. You will have to wait 6 months from the day you filed your asylum application with the immigration court to receive your employment authorization card.

These are just some of the reasons why the walk up method is very risky and should only be used if you have no other choice and you have sought the advice of an immigration attorney first.

Obstacles to the Walk Up Method

The walk up method is not handled the same way at all ports of entry. In some POE Mexican authorities might not let you walk up to the CBP officer to be processed as a walk up. Also, you might be targeted for exploitation by criminal elements that have observers at the border crossings. There are also a limited number of walk ups per day.

Current reports as of May 2024 is that CBP processes about 100 walk ups a day. Reports also indicate that families and people with medical reasons to seek a walk up appointment are prioritized. In a future date I’d like to do a video about walk up rates in each port of entry, if you’re interested in that sort of thing be sure to leave a comment about what city you would like analyzed.

Conclusion

To sum things up, the walk up method is a way to get into the United States to seek asylum but it has risks that need to be weighed against the risks of remaining in Mexico. Mexican nationals and children traveling alone do not have to worry about using this method. However, people using this method because of an imminent emergency or because they cannot use CBP One should consult with an experienced asylum border attorney before trying this method because of the serious consequences to using this method.

The post Should You Walk Up to the Border to Seek Asylum? appeared first on Abogado de Asilo Politico.

The post Hello world! appeared first on Abogado de Asilo Politico.