Asylum provides a safe haven for those who either have been persecuted in their countries of origin or have a well-founded fear of persecution. Asylum are for individuals who are in removal proceedings and are not in removal proceedings. To apply for asylum, not only do you need to satisfy the definition of “refugee” to be eligible for asylum, but you must also be physically present in the United States. The refugee definition is someone who is, “unable or unwilling to return to” their country of origin, “because of persecution or well-founded fear of persecution”, and based on five protected groups of face, religion, nationality, membership of a particular social group or political opinion. You must fit in one of these categories.
You can file for Asylum up to one year after arriving to the United States. If you pass that one year deadline, you may still qualify, but speak with an immigration attorney to assist you with your application. After filing your application, you can file for a work permit so you can work in the United States. Keep in mind that Asylum is a discretionary application, which means that even if you meet the substantive eligibility requirements for asylum, you may be denied asylum if you have a record of criminal or terrorist behavior, among other activities considered detrimental. The determination of asylum is based on substantial evidence on the record as a whole, and is credible in nature.
Other supporting documents to assist you with your application include Asylum a declaration on why you left your country, and what happened to you when living in your country.
After your application is granted, he or she is called an “Asylum.” An asylee’s spouse and children may be granted permission to reside and work in the United States. Because asylum is a temporary status, you can apply for other more permanent types of status after certain requirements are met.
Affirmative Asylum overview
Immigrants residing lawfully in the Unites states can seek asylum through an affirmative process. Through this process the asylum seeker will have to have an interview conducted by an Asylum officer.
The affirmative asylum process will allow the immigrant to remain in the U.S while their application is pending. If the asylum is denied the Asylum seeker will be issued a Notice to Appear (NTA) before immigration court. Asylum applicants
Defensive Asylum Overview
If you are an immigrant facing removal proceedings you could apply for asylum and withholding of removal. Immigrants who are apprehended by Customs and Border Protection at time of entry are placed in detention. An asylum officer will provide a credible fear interview and determine whether the immigrant maintains credible fear of harm based on one of the five grounds or if the alien has been persecuted. If fear of persecution is legitimate they may opt to apply for asylum before an immigration judge.