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What is Asylum?
Asylum is a form of protection for people who cannot return to their country because they fear persecution may seek asylum so that they may remain in the United States. The persecution may come from the government or a particular and identifiable group.
The fear of persecution must come from at least one of the following grounds:
- Race
- Religion
- Nationality
- Membership in a particular social group
- Political opinion
Asylum petitions must be filed within 1 year of arriving to the U.S.
Types of Asylum
- Affirmative asylum is the standard asylum sought by individuals who are not in any deportation or removal proceedings. The applicant must be present in the US and can apply for this right at any port of entry into the country.
- This type of asylum is considered a proactive approach, since applicants make a claim before the deportation process begins;
- As a general rule, applicants must file the appropriate form for asylum within one year of arrival in the US;
- In case of not speaking English, the applicant must provide a qualified interpreter for the interview conducted for this immigration relief.
- When asylum seekers are already in deportation or removal proceedings from the US through immigration court, the process becomes one of defensive asylum.
The individuals petition the government to reverse the deportation decision and allow them to continue in the US as asylees. An immigration judge will make the decision, regardless of any prior decision by USCIS.
An asylum case can become a defensive case if one of the following occurs:
- The individual first applied for affirmative asylum and said application was not approved. The individual was subsequently placed in removal proceedings;
- The individual attempted to enter the United States without proper documents and a Customs and Border Protection (CBP) officer believes there is reason to believe the individual’s life or safety is in danger;
- Immigration officials place the individual in removal proceedings for having committed an immigration violation. For example, unlawful presence;
- The individual applies for asylum at the border
How Long Does It Take?
It takes more than one year.
Benefits
- Apply for a Social Security Card;
- Apply for an Employment Authorization Document (EAD);
- Request a permit to travel abroad;
- Access to various government programs, including:
Refugee Medical Assistance (RMA),
Refugee Cash Assistance (RCA).
- Request that certain relatives obtain refuge in America or asylum, regardless of whether they are abroad.
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