Asylum protection has been distinctively set apart as a type of refugee under United States law since the Refugee Act of 1980. Asylum protection can be given to certain individuals who meet the overall definition of a refugee, but who are already physically in the United States or at a port of entry. Refugees, on the other hand apply for their protection while they are either in their own country (under special circumstances) or in another country that is not the United States.
Qualifying for Asylum
The person must be able to demonstrate that they meet the definition of a refugee because they have been persecuted or have a "well-founded" reason to fear persecution or danger in their home country due to:
- political beliefs
- religious beliefs
- membership in a particular social group
- race or nationality
To be granted asylum protection, a person must be from a country that is of special humanitarian concern and they cannot already have been firmly settled in a third country when they request asylum. If they are already in the US, the asylum application must be filed within one year of their arrival.
Some family members who are with you in the US or at the port of entry when you apply for asylum can also be granted asylum along with you, including your spouse and unmarried children who are under the age of 21.
To be granted asylum, you have to be considered "admissible" to the United States. Admission is not granted, even if you have a demonstrated, well-founded fear of persecution if you:
- have a violent criminal background
- have persecuted other people
- committed a war crime or crime against humanity
- involved in drug or arms trafficking
- ties of any kind to any known terror organization
Two Ways to Asylum
There are two different ways to be granted asylum called affirmatively and defensively. An affirmative granting of asylum happens when an Asylum Officer with the US Citizenship and Immigration Service makes a positive decision after reviewing the application, performing a criminal background check and interviewing the applicant.
Alternatively, asylum can be granted defensively by a Department of Justice immigration judge during removal proceedings. In fiscal year 2009, there were 22,119 people who were granted asylum in the US. Of those:
- 11,933 were granted asylum affirmatively
- 10,186 were granted asylum defensively
- More than half of the people granted asylum were from the People's Republic of China, Ethiopia, Haiti, Columbia, Iraq, Nepal, Venezuela, Guatemala, Russia and Egypt
Get Legal Assistance
If you or a family member needs to seek asylum in the United States, contact an immigration attorney to help you with the process and answer your questions. An experienced attorney can provide invaluable assistance, and you have the right to have an attorney represent you in any proceedings.
