Asylum
What is an asylum?
Asylum is a form of protection against the possibility of being removed from the United States. Asylum allows individuals already within the United States to stay in the country and not be returned to their home countries where they would face persecution.
A person who has applied for asylum can request a work permit and a social security number. If the asylum application is approved, the individual may apply for legal permanent residency (green card) after one year from the approval through the process known as Adjustment of Status.
What is the procedure for applying for asylum?
To apply for asylum, you must be present in the United States. There are two types of procedures:
1. Affirmative Asylum: This procedure is used for individuals who are not in removal proceedings, meaning they are not in immigration court. In this process, asylum is requested through the United States Citizenship and Immigration Services (USCIS), where an asylum officer will review the application. If the officer decides not to approve the application, the person will be placed in removal proceedings before an Immigration Judge and can reapply for asylum before the Judge. In practical terms, they will have a second chance. If approved, after one year, the person can apply for and seek legal permanent residency.
2. Defensive Asylum: This type of asylum is a defense used to halt removal proceedings before an Immigration Judge. Once a person is placed before an Immigration Judge, they must demonstrate that they have a remedy available or a way to adjust their status. This is why asylum is considered a defense in removal proceedings. The goal is to convince the Judge that the immigrant qualifies for asylum and, as a result, cannot return to their home country.
Who qualifies for Asylum?
To qualify for Political Asylum, you must already be inside the United States and demonstrate the following:
- You are unable or unwilling to return to your home country because you have been persecuted in the past or there is a significant likelihood that you will be persecuted in the future; and
- The reason you were persecuted or will be persecuted is due to your race, religion, nationality, political opinion, or membership in a particular group.