United States Asylum – Eligibility Requirements
➤ The applicant must be physically present in the United States or at a U.S. port of entry
➤ The applicant must be unable or unwilling to return to their home country due to a well-founded fear of persecution
➤ Persecution must be based on at least one protected ground
➤ Race
➤ Religion
➤ Nationality
➤ Political opinion
➤ Membership in a particular social group
➤ The fear of persecution must be both subjective and objectively reasonable
➤ Harm must be serious and sustained, not simple discrimination or economic hardship
➤ Applicants must generally apply within one year of their last arrival in the United States, unless an exception applies
Who Can Apply for Asylum in the United States
➤ Individuals fleeing government persecution or persecution by non-state actors the government cannot or will not control
➤ Political dissidents, journalists, activists, and opposition members
➤ Religious converts or minorities
➤ LGBTQ+ individuals facing criminalization, violence, or social persecution
➤ Victims of domestic violence or honor-based violence under specific legal interpretations
➤ Stateless persons who cannot return to their former country of residence
Types of Asylum in the United States
➤ Affirmative asylum for individuals not in removal proceedings
➤ Defensive asylum for individuals already in immigration court or facing deportation
Affirmative Asylum Application Process
➤ The applicant files Form I-589 with U.S. Citizenship and Immigration Services
➤ No application fee is required
➤ Biometric data including fingerprints and photographs are collected
➤ The applicant receives an asylum receipt and legal stay during processing
➤ The case is assigned to an asylum office
Asylum Interview Stage
➤ A non-adversarial interview is conducted by a trained asylum officer
➤ The applicant explains their personal history, persecution story, and fear of return
➤ An interpreter may be brought by the applicant if required
➤ Officers evaluate credibility, consistency, and country conditions
➤ Evidence such as documents, reports, medical records, and witness statements may be submitted
Possible Outcomes of Affirmative Asylum
➤ Grant of asylum
➤ Referral to immigration court for defensive asylum proceedings
➤ Administrative delay for further review
Defensive Asylum Process
➤ The applicant presents their case before an immigration judge
➤ Government attorneys may cross-examine the applicant
➤ Legal representation is allowed but not provided by the government
➤ Evidence and witnesses can be presented
➤ The judge issues a written or oral decision
One-Year Filing Deadline and Exceptions
➤ Asylum must generally be filed within one year of entry
➤ Exceptions include changed circumstances such as political changes, new threats, or personal developments
➤ Extraordinary circumstances such as serious illness or legal disability may excuse late filing
Rights of Asylum Seekers During the Process
➤ Right to remain in the United States while the case is pending
➤ Protection from deportation during active proceedings
➤ Eligibility to apply for work authorization after a waiting period
➤ Access to basic emergency medical care
➤ Right to legal counsel at personal expense
Work Authorization
➤ Asylum applicants may apply for employment authorization after a mandatory waiting period
➤ Delays caused by the applicant can pause eligibility
➤ Work permits must be renewed periodically
Decision Outcomes
➤ Asylum granted
➤ Withholding of removal granted
➤ Protection under the Convention Against Torture
➤ Denial and removal order
Appeal Process
➤ Negative decisions may be appealed to the Board of Immigration Appeals
➤ Further appeals may be filed with federal courts
➤ Filing deadlines are strict
➤ Removal may be stayed depending on the appeal type
Rights After Asylum Is Granted
➤ Legal protection to remain in the United States
➤ Authorization to work without restriction
➤ Ability to apply for a Social Security number
➤ Eligibility for certain public benefits
➤ Ability to request family reunification for spouse and children
➤ Eligibility to apply for permanent residence after one year
➤ Eligibility for U.S. citizenship after meeting residency requirements
Obligations of Asylum Applicants
➤ Truthful and complete disclosure of all facts
➤ Attendance at all interviews and court hearings
➤ Compliance with U.S. laws
➤ Notification of address changes
Special Considerations for Vulnerable Applicants
➤ Unaccompanied minors receive special procedural protections
➤ Survivors of torture or trafficking may receive additional support
➤ Mental health evaluations may support credibility
Important Warnings
➤ False statements or fabricated evidence can permanently bar asylum
➤ Criminal convictions may affect eligibility
➤ Leaving the United States without permission can abandon the asylum case
➤ Each case is assessed individually based on facts and evidence
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