Asylum

What Is Asylum?

 


Protection that is granted to foreigners who are in or are entering the United States at the border who meet the international law definition of a “refugee” is known as granting asylum.  Refugee is defined by the United Nations 1951 Convention and 1967 Protocol "as a person who is unable or unwilling to return to his or her home country, and cannot obtain protection in that country, due to past persecution or a well-founded fear of being persecuted in the future on account of race, religion, nationality, membership in a particular social group, or political opinion.” 

 

What Are the Benefits of Asylum?

 

When granted asylum an individual:

 

     

  • is protected from being returned to their home country,
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  • is permitted to work in the United States
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  • may apply for a Social Security card,
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  • may seek permission to travel overseas,
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  • can petition to bring family members to the United States,
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  • and may also be eligible for certain benefits.
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An asylee may after one year apply for a green card and then after four years apply for citizenship.

 

What Is the Asylum Application Process?

 

There are two ways in which a person can apply for asylum in the United States: the defensive process and the affirmative process.  

 

Is There a Deadline for Asylum Applications?

 

Applications for asylum must generally be made within one year of arriving in the United States.  Asylum seekers in the affirmative and defensive processes face many obstacles in meeting the one-year deadline and there are several circumstances that hinder an individual from being granted asylum:

 

     

  • Not filing within the specified time.
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  • Not being aware of the deadline.
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  • Lengthy backlogs in the system that can make it impossible to apply promptly.
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If an individual is seeking asylum, it is highly recommended that they speak with one of our attorneys at The Immigration Force.  We understand the uncertainty and the fear that goes with seeking asylum.  Having us represent you through the process can take much of the burden off your family and help navigate the law to a just conclusion.