Asylum Or Refugee Immigration

Every year people come to the United States seeking protection because they have been persecuted or fear they will be persecuted on account of their race, religion, nationality, membership in a particular social group, or political opinion. Those found eligible for asylum may be permitted to remain in the United States.

What is asylum?

Asylum is a form of protection from removal to a country of feared persecution that allows an eligible refugee to remain in the U.S. and eventually to become a lawful permanent resident.

Who can apply for asylum?

Individuals of any nationality currently in the U.S. or who are seeking entry at a port of entry (airport, seaport, or border crossing).

When must I apply for asylum?

Generally you must apply for asylum within one year of your last arrival into the U.S. Exceptions may apply such as (1) changed circumstances in your home country that affect your eligibility or (2) extraordinary circumstances related to your lateness in filing.

Can I apply for asylum if I am here illegally?

Yes. You may apply regardless of your immigration status as long as you file your application within one year of your last arrival or demonstrate that you are eligible for an exception to that rule.

Definition of Refugee

(A) any person who is outside any country of such person’s nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, or

(B) in such circumstances as the President after appropriate consultation (as defined in section 207(e) of this Act) may specify, any person who is within the country of such person’s nationality or, in the case of a person having no nationality, within the country in which such person is habitually residing, and who is persecuted or who has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The term “refugee” does not include any person who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. For purposes of determinations under this Act, a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion, and a person who has a well founded fear that he or she will be forced to undergo such a procedure or subject to persecution for such failure, refusal, or resistance shall be deemed to have a well founded fear of persecution on account of political opinion.

It is very recommended to contact an experienced attorney in asylum and refugee cases, please call us toll free at 877-872-9666 and ask for a free consultation.