Disclaimer: I am not an immigration professional and this is not meant to serve as legal immigration advice whatso ever, this is just netizen journalism sharing my personal story how I crossed the US Mexico border and how it worked out. I am not encouraging anyone to do this, but I simply couldn't find this information online when I was in trouble, so I am sharing this to provide advice that no one else will. Additionally, please keep in mind that every asylum case is different and this may not apply to your situation. That being said, this is just my story.......so let me tell you a story....
In this story I will just go over the technical aspects of this procedure of how I crossed, if you don't know my background, I have mentioned in previous articles some context on how I ended in the position where I had to apply for asylum as a refugee and why I did this. You can read them here or watch my mini documentary on YouTube I started this journey in about April 2022 and up to my current present position as of writing this in April 2024 where I am still waiting for my Asylum Credible Fear Interview in the USA. I am from the country of Yemen, and Yemen is currently in a dangerous civil war that started in 2014. When the war happened I was a student in Malaysia doing my Bachelor in Architectural Studies & later a Masters in Communication. The moment the war in Yemen began I became a displaced citizen, which means that the place of my nationality (Yemeni passport) meant that I could not return home due to war. On top of that I was in a third world country that did not have any direct paths towards citizenship or residency for someone like me. Malaysia is a country that's decent to live in but its immigration laws towards foreigners is very strict and makes it hard to become a resident if not almost impossible to become a citizen. It also became almost impossible for me to leave Malaysia because I could not procure a visa to any other country because Yemen was flagged as danger zone so my passport strength index dropped to the 3rd worse high risk passports in the world. This meant getting a visa anywhere was difficult as ministries know that your country is dangerous and that the odds of you leaving their country after you visit is low. The way I see it, from my research, to become a resident in any country around the world it boiled down to a handful of options: 1. High net worth route / Investor Visa (forking out 6-7 figures for residency / passport) 2. Professional / Talent / Work Visa (unique or hard to procure talent) 3. Marriage / Children (naturalization route) 4. Asylum Now I was not eligible for option 1 & 2 (even thou I had tried) and I was not thinking about marriage so I wasn't going to fake a marriage for a visa. Malaysia doesn't recognize refugees either so there was no asylum process there. Basically, when i graduate from my studies, Malaysia will ask me to leave, if i tried to leave to another country, i could not get a visa because they could see I had no roots in Malaysia. So i couldn't get one, not even a student or tourist visa. So what did I do?
ENTER: The Journey To Mexico
Mind you this was in 2022 just as vaccines for covid were being rolled out and travel bans worldwide. I had no vaccine as I was very healthy and never got covid so I thought I didn't need it. I was going to finish my masters degree in 6 months, (this was in June 2022) Because the world was locked up and I didn't have a vaccine id, the only country at the time that was open and didn't require vaccines was Mexico. I applied for a tourist visa to Mexico for 10 days because that's how long I planned my trip there. Good to mention that I had a diplomatic passport and a student visa in Malaysia and could prove I have the funds to support my 10 day trip, As a result of the diplomatic passport and student visa showing 6 months, they granted me the visa as they were lenient towards diplomatic passports (yet other embassies weren't). South America in general was very accessible, which is why you see lots of refugees coming through there. Basically when it comes to getting visas its really at the discretion of the embassy officers to grant you one based on weather they are convinced of what you say you will do what you are going to their country to do. And I've never been to Mexico, so I did not know if I would want to stay there, so I decided id go for a vibe check and I had been under lock down for a year so I needed a break from everything. I make everything sound so easy but it wasn't, I am giving you the short version of the story. Again, if you want to watch the FULL details of how this went down, you can check out my mini documentary here. To repeat, in this article, I'm just going to go over the technicalities I wish someone had told me. When i reached Mexico, the immigration officer checked my stats to see if I had the necessary funds for my reason for stay, Once everything was all cleared, they gave me a stamp for 180 days despite only applying for 10 days, this just what they do for diplomatic passports it seems.
Anyways now that I was finally in Mexico's Cancun, I made my way to Playa del Carmen, and spend my 10 days there to fulfil my trip itinerary. During my time there I met some Americans and a bunch of digital nomads, it seemed no one knew anything about border entries or how asylum worked. So I figured, since I have an extended visa, why not I try and make a trip to the border to see weather I can apply for asylum. I had read online that it was possible to apply for US asylum at the Mexican border but there was not much info more than that. So i thought why not, good to go see for yourself, what's the worse that can happen. Now obviously, after doing MORE research I come to find out that border cities are actually very dangerous for this very reason. They're business relies on smuggling illegals and drugs across these border cities. So the cartel takes advantage of people who come to the border seeking asylum as they are typically vulnerable people. This was the scary part, I'm in a foreign land, I don't speak the language, i know nothing about what border cities look like other than news articles online and no one seems to know anything from the locals to the expacts and tourists. The online world is very vague with the information, other than speaking to immigration lawyers which typically have paywalls and marketing funnels that lacked the in-depth knowledge only gained by being in the trenches. I couldn't afford any of these lawyers as I had spent my life savings on to make this journey. And even emailing a few of them, non of them were informed of what I was about to go through. Anyways, i looked up the border city along the the US on google maps to try to determine the one that had an airport closest to the US border. I did this because the closer the airport is, the least amount of traveling I had to do. Which means I reduce the chances of being stopped by cartel as sometimes they form blockades and sometimes recruit corrupt police officers to work with them too.
So after much research I realized that Tijuana in Baja California was the only border city that had an actual airport right on the border whereby you can cross into US San Diego border from a bridge.
ENTER: Journey To Tijuana
This bridge was connected from the airport to the US side. A perfect solutions because it meant I never had to leave the airport. I would fly to TJ, and apply for asylum from the safety of the airport. I spent all my money that was remaining to get to TJ's airport. When I reach the TJ airport bridge crossing they ask me for my ID and I inform them i want to apply asylum, they say this is not where you apply for asylum. You have to go to official port of entry. This put a dent in my plans because now it meant I had to risk leaving. On google maps it says the nearest port of entry was 5min drive away at Otay Mesa, I decide to take the risk. I made the mistake of taking a taxi driver outside the airport, they will 100% try to scam you if they know you are a tourist or refugee and I got scammed for $80 usd instead of the real cost which was $5 usd. So always use an Uber. Anyways I saw the port of entry within sight and thought it would all be over soon. I walk up to the port where the CBP immigration officer asks me for my ID, I tell him i want to apply for asylum, his face froze, (listen, no one wants to deal with your asylum ass and their first instinct is to reject you), Just hold your ground and ask more questions, he immidietly rejects me and says this is not where u do it (which was true), But I made my way all the way here, I wasn't about to just leave, so i ask him for more information and he reluctantly gives it to and informs me which port of entry to go to which was 15mins away at San Ysidro. Always be respectful with immigration officers, you are at their full discretion to reject or accept you. Their job is to keep sketchy people out, its actually really hard, so have some empathy here but also remember you are a refugee now so you need to be more persistent. Anyways, I go back to airport defeated, recouperate and book an Uber to the San Ysidro port of entry. This uber driver was friendly and asking why I'm going to the border, I dont want to tell him why because he will try to take advantage of me, But this was during the same time as the Ukraine war with Russia, so he said he's helped lots of Ukrainians and Russians cross the border and he could tell by my energy I was trying to do the same thing. I still don't tell him, but he gives me some advice regardless and says don't go to the port of entry, its too busy and they will not let you in anyway, They will look for any reason to reject you because its too busy there. We drive to the port and I see a very long line of people entering, his story checked out. So he says I should go to the NGO's, they will do much better job and can help you cross legally, He takes me to this NGO, can't remember the name, but it translated to "house of migrants" or something along those lines. Now I am actually starting to get hands on information on this process that I could not find online. A lawyer comes out who barely speaks English. We use google translate, I tell him what I'm trying to do and he says I'm in the wrong place and that this is for people who have already been granted some form of refuge. He advises me to go to a shelter instead and gives me an address, I go to this address in this dingy part of TJ (most of TJ is dingy) I had long abandoned my idea of not leaving the airport at this point and was walking in the tall grass already. But i thought id be safe in these centers and at least get some info to make the effort and losses worth it. The second place I reach looked like a worn down housing center, the lady there tells me this is for families only. They don't process asylum, its just a shelter for refugees. But she gives me an address of another organization that can help with my request. I take it and go I reach this 3rd place, it was called Centro Scalabrini de Formación para Migrantes (CESFOM). These guys were the biggest help, I get to speak with another representative, and start discussing my case. Turns out they are familiar with the legal process for refugees and say based on my info that I'm eligible for it and they can help me apply. However they only know the process for applying in for asylum in Mexico, not USA as that's a separate legal process, So if I wanted asylum in Mexico I can go through them and would take approximately 6 months. But I wanted to know how the US asylum worked, Mexico was not the plan and wasn't safe, especially in Tijauna. Luckily they said there's this other shelter they can book for me where I can get food and accommodation while I think things through. Turns out this shelter is specifically for Muslims as its also a Mosque, its called The Latina Muslim Foundation (LMF).
TJ is filled with refugees and migrants, making most shelters overcrowded. However, the LMF shelter was one of the few with available space and is one of the only Muslim shelters in TJ. I take the deal and they drive me there, now this is where things get magical. It's a lot more well maintained compared to the other places and is one of the only shelters in TJ that actually provides 3 meals a day and accommodation. Later, the shelter managers had me sign some papers stating that I would not damage anything and would abide by their rules. During this time, they also asked me if I wanted to be added to "the list". BIG REVEAL : The told me that they have a legal process using their connections with NGO's in California that helped refugees in need to cross the border legally via humanitarian parole.
You see, all the other organizations were only familiar with asylum process in Mexico, not US. Even the manager of CESFORM that brought me here didn't even know this shelter helped people to cross into the US. They say third times a charm, but turns out it was the Fourth. So of course I signed up for "the list".
ENTER: The List (Humanitarian Parole)
Here, nothing is guaranteed; you're placed on a list and told to wait. Each case is different, and there's no telling how long you might have to stay there. The parole list prioritizes refugees and those eligible for it, taking into account their country of origin and companions. Single individuals receive lower priority, while families and children are given priority, moving them to the top of the list. You must remain in the shelter to be on the parole list, as it's intended for those truly in need. You're allowed to leave whenever you wish but must return by nighttime. This rule underscores that while you have freedom, staying in the shelter is essential for maintaining your spot on the list. So I prepared mentally for an indefinite wait, knowing that one Afghan family there had been waiting for 6 months. I braced myself for the possibility of a long wait. LMF runs on donations, and houses over 50+ people at a single time. They rely on residents for upkeep, ensuring a clean environment with everyone's help. Meals and lodging are free, highlighting the importance of communal responsibility. It's particularly aimed at Muslims, offering a rare safe space in TJ, a non-Muslim city, with a focus on community and faith-based support. After 40 days since I came to the shelter, they've gone through my case and I was informed on the 40th day that I had been accepted and would be crossing the border the next day.
ENTER: Crossing The US Border
This was in July 2022, so covid was still fresh and things slowly opening up, they took us to do covid tests and then the next morning we got in a van and drove to the San Diego port of entry at San Syidro. We formed a long queue and then our name list was given to the Mexican immigration officers for attendance and verification, Then, we were escorted across a bridge leading to the US port of entry, a route not open to pedestrians. The purpose of this bridge was unclear, but the process was entirely legitimate, legal, and under tight security.
This was also happening during Title 42 which was a law enacted under the Trump administration, a border law that blocked people from entering the border during covid, yet anyone on this list didn't have to worry about that. That's why the first two ports rejected me, it was because of Title 42.
As we arrive at the US port of entry, we are received by US officers, the Mexicans hand us over and leave.
ENTER: Becoming An Alien
We enter the port of entry immigration building and one by one we go through a background check and are asked a bunch of questions to make sure of our legitimacy.
Afterwards they take your bio metrics and you are given some court hearing papers titled "notice to appear", which is basically a legal obligation for you to attend a court hearing on why you should be removed from the US.
Because you are already in US custody on American soil, and as an alien, you're subject to deportation.
However, since you were granted entry on parole, the only legal course is to appear in court.
There, you must convince the judge of your case's merit to not be deported and to validate your asylum claim or change your legal status.
Its confusing I know, but that's just how it works.
Also one thing I forgot to mention, you need to have a "sponsor" as they call it.
Upon release from the immigration center, they require information about your destination in the U.S., including the address and the name of the person you'll be staying with.
This is to ensure they know where to send you mail regarding your deportation court case or other paperwork.
You can always figure out your own place later, but you need to inform USCIS of your whereabouts at all times so that you don't miss any important mail.
Now this is the tricky part because how do refuges who typically leave everything they have within last minute decisions expected to also have sponsors in the US?
Most of the refugees I crossed with had some relatives or friends to stay at.
I didn't thou, and I also didn't know about this sponsor requirement until the day I was crossing.
But luckily I had made good bond with the some of the shelter managers who agreed to sponsor me for a while until i figured my situation out.
So its not that complicated, nor are they bided by contract to financially support you.
As long as that person is ok with you using their name and address at the border (immigration might call them to verify) then you are good to go.
But its important you trust this person as that's where your court papers will be sent to their address until you can get your own place or change address.
Because if you miss your court date hearings you can lose your chance at asylum and just get deported.
After we were released from the Immigration Port, they put us on a big tourist bus and put us in a quarantine hotel somewhere in San Diego,
After 5 days of quarantine and get tested, from there the hotel calls your sponsors to either come pick you up or inform them you are getting out of quarantine.
Once I was released, I was a free man, now I was on my own.
During my time in quarantine, I called a bunch of people in my network around the world and asked if they knew people in the US that could help me,
So by the time I got out of quarantine I already had a new sponsor who could give me accommodation and an allowance.
ENTER: Court Hearings (Notice To Appear)
Once I reached them in San Francisco, I informed immigration Homeland Security that I changed my address and number so it updated in the court filings. So what to do once you are in the US and waiting for your court hearing? The date of your entry to the date of your Notice To Appear can vary, some people it was 3 months away, some it was 6 months away. Mine was 3 months, so during those 3 months i read up on the process as much as possible to be prepared. Now this doesn't mean you have been granted asylum nor legal status, all it means is you are allowed to stay in America until your court hearings are concluded (whatever that conclusion is). These papers don't really give you any rights, nor do they give you employment authorization. If you are lucky enough, you have your passport with you (sometimes immigration will hold it until your court hearings are over incase you decide to run) If you have your passport, there's a chance you can open a bank account, And if you are in California or New York, even possibly get a driver license which acts as a local ID. This won't get you social security, but it does help a bit. Basically what I'm trying to say is, While this process doesn't grant you a long term visa status, What it ensures is that it allows you to enter USA without being an illegal. From there your goal is to change your immigration status to whatever you are eligible for. When you get your court papers, they also give you a list of pro bobo lawyers which are free immigration lawyers. These are usually long waiting lists and you will have to call a lot of them to see if anyone can take your case. If you have money you are welcome to hire your own lawyer, I didn't so I got a free one who was willing to represent me.
ENTER: Asylum Process
Now here's the confusing thing, there's two type of asylum routes, there's Defensive Asylum and Affirmative Asylum. Now disclaimer, this is not legal advice, but this is what I had learned from my immigration lawyer. Defensive Asylum applies to individuals facing removal proceedings in immigration court. This form of asylum is a defense against being deported and is presented before an immigration judge as part of the Executive Office for Immigration Review. Example your Notice to Appear letter, You will attend the immigration court and they will read the accusations against you, which is you entered America without any visa and that you are to be deported. Affirmative Asylum is sought by individuals who are physically present in the U.S. They must apply within one year of their arrival, regardless of their immigration status, by submitting an application to the U.S. Citizenship and Immigration Services (USCIS). Its a friendlier process. If you are doing Defensive Asylum your job is to decline these accusations, which is what i did. Meaning you disagree and that you should not get deported, and this is where you claim for asylum and hand over your asylum case evidence and paperwork. The lawyer will help you to file for this. Additionally you could always fill it up yourself and pay a lawyer a fee to review your case if you are short on cash or you feel you don't need one. Honestly I knew my case so well that I felt I could get by without a lawyer, but I took one anyway because I managed to get one quickly and they did help with the legal terminology as well as teach me things I just told you above. But just because someone is a lawyer does not mean they are good, there are plenty of lawyers out there that are bad at their jobs. After attending my initial hearing, its purpose was to review the accusations against me and schedule future hearings. These future sessions will allow me to present evidence supporting my asylum claim, share my personal story, and let the judge assess my credibility and the validity of my asylum request. Finally, a decision will be made on whether I'm granted asylum. This is a tougher less friendly process and is like the last frontier, so if you are rejected, you get deported. Affirmative Asylum, you don't talk with a judge but an immigration officer who does a credible fear interview and assess your case. Prior to the interview you will fill up a form and then submit it and wait many months before you get your interview date. Then after you attend the interview they will give you the decision on weather you are granted asylum or not. The benefit in Affirmative asylum is 6 months after you have submitted your initial application, You are eligible to apply for work permit and get social security and employment card that lets you work and earn money while you wait for your interview and asylum case to conclude. The Defensive Asylum is much faster but also more stacked against your favor. Because if your Affirmative Asylum is rejected, You have the ability to submit an appeal and then your case will be moved to a judge, Which will put you through Defensive Asylum, so basically you get two attempts. Now I was in Defensive Asylum, so luckily on the hearing i had to submit my evidence to the judge, A few days prior to my first hearing, Joe Biden had reinstated the TPS (Temporary Protection Status) for people from certain countries who needed humanitarian aid, And it turns out Yemen was one of them.
This meant that I was eligible for TPS and didn't have to go through the defensive trial, aka changing my legal status.
So on that day my lawyer informed the judge that she wants to move me to TPS,
The judge checked my eligibility and granted it, therefore dismissing my deportation case altogether.
Which means I'm no longer in removal proceedings, which also meant I can focus on changing my status the friendlier way.
Getting TPS was fast, after submitting my application which I did without my lawyer since the case was closed already,
I got my TPS within 3 months and with it was granted employment authorization,
This was great because now I can live normally while I apply for Affirmative Asylum.
As TPS is temporary and year by year basis, so I still needed asylum and applied through USCIS.
I was also still within the 1 year range of entering the US, so I was eligible to apply.
Which is the phase of where I am right now.
While this route delayed my asylum conclusion by a lot,
Had I remained in the court hearings it would have been concluded by last year, but this way is friendlier yet slower.
And the key here is I now have two attempts.
Because if they reject my asylum, they will put me in removal proceedings with the court again.
I had entered USA in august 2022, by March 2023 I had applied for TPS,
In April 2023 I applied for asylum and by June 2023 I was granted employment authorization.
However it is now April 2024 and I have not had my credible fear interview yet and am still waiting and haven't heard from them for 1 year which is concerning as it would be nice to conclude this whole process that's taken me 1.5yrs.
But yes, this is the process from a-z,
If my interview goes well and I'm accepted, I'll level up to Asylee status, cruising past the hurdles. One year post-asylee life, you get to apply for the green card application button. Then, after a bit of a wait, once that green card's in hand, it's another few more years straight shot to citizenship. Just a few more levels to conquer, and I'm there – citizenship, here I come! (maybe in 2035 LOL) But yea, this is just one route, Basically by the time its all concluded it would have been 7yrs (maybe longer...damn) so who knows, Maybe i would have met someone and decided to get married which would change my status. Asylum is just one route for those in danger of returning home like me. Its not the only route, but its the route where you are more in control.
ENTER: Other Alternative Routes
There is always getting sponsored for professional visa but that also puts you in the hands of the company assuming you have the talent + the company can prove that there isn't any available US talent for that same post. Lastly would be through investment, so unless you have $500,000 - $1,000,000 usd to fork out, then that's the one you are most in control and the fastest. Having lots of money by the way does not dismiss you from being an asylum seeker, there are plenty of rich folks who need asylum and become refugees. But yea, that pretty much sums it up, I hope this article gave you the value you needed for clarity, And I guess the main thing here was I wanted to show a way where you didn't have to jump the border, As despite my desperate situation, I made it a mental promise to myself I wouldn't jump. Everyone told me not to do this, but I knew there was something out there, I took the leap and the path revealed itself, and now I get to share this with you. Apart form the danger involved, if you had entered illegally it could harm your chances of ever becoming a citizen so what's the point. Anyways, let me know in the comments if you enjoyed this or need some follow up questions and i'll do my best to answer all of them!
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