Asylum is a form of protection granted to individuals who have been persecuted or fear persecution in their home country. In the United States, asylum can be granted to individuals who meet the definition of a refugee and are either already in the United States or seeking admission at a port of entry. The process of obtaining asylum can be complex, so it is important to understand what it is and how to apply for it.
First, it’s important to understand the difference between asylum and refugee status. A refugee is an individual who is outside of their country of origin and is unable or unwilling to return due to a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. An individual who is granted asylum is also someone who has been persecuted or fears persecution, but they are already in the United States or seeking admission at a port of entry.
To apply for asylum, an individual must first be physically present in the United States. They can then submit a Form I-589, Application for Asylum and for Withholding of Removal, to U.S. Citizenship and Immigration Services (USCIS). The application must be filed within one year of the individual’s last arrival in the United States, unless there are extenuating circumstances that prevented the individual from applying within that time frame.
The application must include detailed information about the individual’s background, including their country of origin, the persecution they experienced or fear experiencing, and any relevant evidence to support their claim. Examples of persecution include physical harm, imprisonment, torture, or threats of harm or death. It’s important to note that the individual’s fear of persecution must be based on one of the five protected grounds: race, religion, nationality, membership in a particular social group, or political opinion.
The individual will then go through an interview process with an officer, during which they will be asked to provide more information about their claim and any evidence to support it. After the interview, the asylum officer will make a decision on the application and if approved, the individual will be granted asylum and will be able to live and work in the United States. If the application is denied, the individual may be placed in removal proceedings and may be able to appeal the decision.
It’s important to note that the process of obtaining asylum can be complex and may require the assistance of an experienced immigration professional. They can help you navigate the process and help you gather the necessary evidence to support your claim. It is also important to note that the asylum process is different than the refugee process, which is a separate program for individuals who are outside the United States and are seeking admission to the U.S. as a refugee.
In conclusion, asylum is a form of protection for individuals who have been persecuted or fear persecution in their home country and can apply for it if they are already in the United States. The process of obtaining asylum can be complex and may require the assistance of an immigration professional. It is important to understand the difference between asylum and refugee status and gather evidence to support your claim. It’s also important to note that the asylum process is different than the refugee process, which is a separate program for individuals who are outside the United States and are seeking admission to the U.S. as a refugee.
Our experienced team of professionals can help you with filing your asylum case and is available here.
