What is Asylum?
Asylum is a protection granted to foreign nationals already in the United States or arriving at the border. The asylum seeker definition states they also must meet the international law definition of a refugee, which is a person who fears persecution or has a well-founded fear of persecution because of their race, religion, nationality, or membership in a particular social group or political opinion. Essentially, if someone experiences violence or danger in their home country due to their race, religion, or other beliefs, they can seek protection in the United States.
What types of Asylum cases are there?
A majority of Asylum cases fall into 2 main categories, Affirmative cases and Defensive cases. Affirmative cases are for those who have never applied for Asylum or have never even made contact with immigration services. The second type, Defensive Asylum, basically means that a person who is in the removal process may apply as a defense against removal from the United States. These cases, especially Defensive cases, can be very complicated. If you, a friend, or a family member are seeking Asylum, whether it be Affirmatively or Defensively, it is highly recommended that you contact an
expert immigration attorney to represent your case.
What is the difference between a Refugee & an Asylum seeker?
An asylum seeker, called an Asylee, is already in the United States or arriving at the border. A refugee requests protection while they are still in their home country. The only other major differences are largely procedural. No matter if you are an Asylee or a Refugee, it would be wise to contact an experienced immigration lawyer to help with your case.
Why would Asylum be denied?
Although every person will be able to go through the process for their Asylum application, there are a few things that will bar an applicant from receiving Asylum. This applies to those who:
- have assisted in the persecution of others
- are threats to US safety or security
- are already “firmly resettled” in another country
- have previously applied for & have been denied Asylum
- applied for Asylum more than 1 year after entering the United States
- have travelled through a “safe third country”
While these rules are fairly strict, there are exceptions to the 4th and 5th bars. In both, a change in situation in the applicant’s home country can grant another change at Asylum. Additionally, if a person has been here for more than one year, and there were “extraordinary circumstances” that prevented them from applying, then they may be an exception to the rule and granted Asylum. In any immigration case involving asylum,
citizenship,
work visas, or anything else, it is highly recommended that an experienced immigration attorney is contacted to help with the process.
