In addition to illegal and legal immigrants who enter the the United States each year there are those who flee their countries of origin due to persecution and/or fear for their safety and lives. These individuals, who enter the United States, ostensibly in an illegal fashion, have some alternatives that will allow them to remain in the country legally.
Asylum and Refugee Status
In 1981, in an effort to help those, who out of necessity, have fled their own countries, the Refugee Act was passed. Those who lived outside his/her own country of nationality or if they found themselves already in the United States because they were "unable or unwilling to return 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," were to be granted Asylum and/or Refugee status.
Those who qualify for this status receive the same protection. The difference exists only in where application is made. If filing for Refugee status, the application is made outside the applicant's home country. An Asylee also applies outside his home country, only he can apply from within the United States as well.
Application Requirements
In order to apply for Refugee Status or Asylum, the applicant must:
- Be applying for political asylum based on an actual experience of persecution in his home country or fear of persecution due to race, religion or political opinion.
- Apply for asylum within one year of being in the United States unless the applicant can prove there were extraordinary circumstances that prevented him from applying during that time. Otherwise, asylum can be applied for upon entering the U.S.
- Apply for political asylum even if he is in the country illegally.
- Not have participated in the persecution of others, or already have "firmly resettled" in a country other than your own.
The applicant should be approved for political asylum if they meet these conditions unless the USCIS has proof that conditions in the applicant's home country have substantially improved.
Political Asylum permits the asylee to live and work in the United States on a temporary basis. There is no limit to the number of refugees who may be granted political asylum, but there is an annual limit of 10,000 to the number of asylees who can receive permanent residency based on their political asylum status.
How to Apply
There are effectively 2 steps for applying for political asylum:
- Complete application (Form I-589, Request for Asylum and supporting documentation),
- Be interviewed at the USCIS regional service center.
You are allowed to legally stay in the United States for one year and apply for work if you application is approved. If it fails to be approved, you can request reconsideration, and if that is denied there is an appeal process you can enter.
After one year, following approval, you may file for Permanent Residency. This involves completing Form I-485 and all supporting documentation and completing an additional interview with the USCIS
Professional Advice
Should you find yourself in the position that you are considering political asylum, contact a competent immigration attorney. He can answer any further questions you have and will be able to conduct you through the necessary process.
