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I - 589 | Asylum

Asylum is a form of protection which allows an individual to remain in the United States instead of being removed (deported) to a country where he or she fears persecution or harm. Under U.S. law, people who flee their countries because they fear persecution can apply for asylum.

Who Is Eligible For Asylum In The USA?

Under U.S. law, asylum may be granted to aliens who can establish they have well-founded fear of persecution if they were forced to return to country of citizenship or last habitual residence. The persecution must be on account of political opinion, race, religion, nationality, or membership in a particular social group. We have successfully helped our clients from various countries obtain asylum in the U.S. Our Firm is dedicated to helping people escape persecution in their home countries by securing them a safe haven in the U.S. Asylum can be granted to individuals who are just arriving to the U.S. or to people who are already physically present in U.S. Those individuals arriving in the U.S. may ask for asylum at the port of entry. However, individuals already in the U.S. must file their Application for Asylum and Withholding of Removal with the Bureau of U.S. Citizenship & Immigration Services within one year of their arrival. This filing deadline may be excused if the alien can demonstrate changed or extraordinary circumstances.

Types Of Asylum And The Asylum Process In The USA

Individuals can seek asylum in the United States in either of two ways:

Affirmative asylum
Defensive asylum

There are 3 ways of obtaining asylum in the United States:

  1. The affirmative process;

  2. An Asylum Merits Interview after a positive credible fear determination; or.

  3. The defensive process.

What are the grounds for political asylum?

Every year people come to the United States seeking protection because they have suffered persecution or fear that they will suffer persecution due to:

  • Race.

  • Religion.

  • Nationality.

  • Membership in a particular social group.

  • Political opinion.

What happens when you get political asylum?

An asylee—or a person granted asylum—is protected from being returned to his or her home country, is authorized to work in the United States, may apply for a Social Security card, may request permission to travel overseas, and can petition to bring family members to the United States.

Is it hard to get asylum in USA?

To be granted asylum, one must meet the definition of a refugee. However, international law recognizes that the refugee status determination process can be lengthy and complex. Therefore, asylum seekers should receive certain protections before a state has officially recognized them as refugees.

Can anyone apply for political asylum?

Who Is Eligible to Apply for Asylum? You may apply for asylum if you are at a port of entry or in the United States. You may apply for asylum regardless of your immigration status and within 1 year of your arrival to the United States.

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