If you find yourself in the United States because you are unable or unwilling to return to your home country due to persecution or a reasonable fear of persecution because of your race, religion, nationality or membership in a social group or political party you can be granted asylum. As an asylee you will be permitted to live and work and after one year apply for legal permanent resident status.
Asylum vs. Refugee
The only difference between one defined as an asylee or a refugee is where the person is when he/she requests asylum. To be an asylee the individual must request asylum while in the United States. To be a refugee the request is made outside the United States. In either case, however, the individual must meet the definition of a refugee in order to be granted asylum.
Definition of Refugee
A refugee is a person living outside of his or her country of nationality who is 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 opinions.
Under U.S. law, a person who has committed acts of persecution, or has assisted in the commission of persecution in any way, on account of race, religion, nationality, membership in a particular social group, or political opinion, is not eligible for classification as a refugee.
Eligibility for Asylum in the United States
In order to be granted asylum in the United States you must qualify by:
- Asking for asylum at a port-of-entry (that could be an airport, seaport or border crossing); or
- Filing an application within on year of arriving in the United States;
- Asking later than one year if conditions in your home country change or if your personal circumstances changed within the past year prior to your asking for asylum which affected your eligibility for asylum;
- Being excused from the one-year deadline due to extraordinary circumstances that prevented you from filing under that deadline; but you must file within a reasonable time afterwards.
Application Procedure
Since the Asylum Reform in 1995, the USCIS must conduct the asylum interview within 60 days after the claim of asylum has been filed. If the USCIS officer does not find the claim to have sufficient merit, then the applicant is referred tof deportation proceedings immediately.
The immigration judge could grant the claim or issue a denial along with an order of deportation.
To request asylum the asylee need to complete an USCIS form I-589 "Application for Asylum and for Withholding of Removal." There is no fee for this application and you can expect the processing to complete within 180 days from the date of filing. the completed application should be sent to the USCIS Service Center that has jurisdiction over your place of residence. Instructions are on the USCIS Form I-589.
Seek legal Assistance
As with all important immigration circumstances employ the services of a competent immigration attorney. When it comes to complex legal determinations you are best served by a professional who can guide you successfully to the goal you wish to achieve.
