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Asylum Status
in the United States
United States Asylum Program:
Definitions and Benefits
Who qualifies?
People who are already living or
who are already in the United States for one reason or another and who have
decided not to return to their home country because of persecution or a
justified and well-founded fear of persecution on grounds of race, religion, nationality,
membership in a particular social group, or political opinion.
What are
the rules?
- Asylum
must be asked at a port-of-entry (airport, seaport or border crossing), or
- if you are already in the US, an application must be
filed within one year of your arrival in the United States.
NOTES: asking later than one
year is possible if conditions in your country have changed or if your personal
circumstances have changed within the past year prior to your asking for asylum,
and those changes of circumstances affected your eligibility for asylum. You may
also be excused from the one year deadline if extraordinary circumstances
prevented you from filing within the limits of the one year deadline. Please
review 8
CFR § 208.4 for a list of some of the
circumstances that may excuse you if you have missed the one-year deadline. Of
course, note that Asylum application can be made by anyone, and is open to both
legal and illegal immigrants.Y
It might be
useful for you to read the, INS Form I-589 (Application for Asylum and for Withholding of Removal) for
helpful infos as to the eligibility conditions.
Benefits
- authorization to live and work in the United States.
- ability to apply for permanent resident status one year after you are
granted asylum.
- ability to include your spouse and any unmarried children under the age of 21 in
your own asylum application if your spouse or children are in the United States.
If your spouse or children are outside the United States, you may be able to
obtain their being granted the same status. see How Do I Get My Spouse or Children Derivative Asylum Status in
the United States?
Even though Asylum status and refugee status
look similar, there are differences. Asylum status is asked from within the US
by a person who is already in the US. Refugee status is asked from outside the
United States by a person who is outisde of the US. Note however that both
Asylum seekers and refugees must meet the refugee definition .
Note that other considerations apply when you do not meet the
above definitions. For example, those who do not qualify for Asylum or refugee
may still be considered under the Torture Convention if they can prove that
their fear of undergoing torture in their home land is justified.
the
Related
resources
How Do I Apply?
- You need INS Form I-589 (Application for Asylum and for Withholding of Removal) and
follow the instructions carefully. Forms are available by calling
1-800-870-3676, or by submitting a request through the INS forms by mail system. There is no fee. You can normally expect to complete
your asylum processing within 180 days from the date of filing your application.
If you are applying with the INS for asylum, you should send your application to
the INS
Service Center that has jurisdiction over your
place of residence. You will find information on where to send your application
in the instructions to INS Form I-589. If you have been placed in proceedings
before and Immigration Judge, you should file the form with the Immigration
Court.
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Can I Travel Outside the United States?
If you are applying for asylum and you want to travel outside the United
States, you must receive advance permission before you leave the United States
in order to return to the United States. This advance permission is called
Advance Parole. If you do not apply for Advance Parole before you
leave the country, you will abandon your application with the INS and you may
not be permitted to return to the United States. If your application for
asylum is approved, you may apply for a Refugee Travel Document. This document
will allow you to travel abroad and return to the United States. For more
information, see How Do I Get a
Travel Document? .
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Will I Get a Work Permit?
Asylum applicants can not apply for employment authorization at the same time
they apply for asylum. Rather, you must wait 150 days after the INS receives a
complete application before you can apply for employment authorization. The INS
has 30 days to either grant or deny your request for employment. Please see How Do I Get a Work
Permit? for more information.
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How Can I Find Out About the Status of My Application?
Please contact the INS Asylum Office that received your application. You should
be prepared to provide the INS staff with specific information about your
application. Please click here for complete instructions on checking the status of your
application . Click here for information on INS offices .
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How Can I Appeal?
Applicants will be interviewed by an Asylum Officer or an Immigration Judge. The
Asylum Officer will either approve your application or refer it to an
Immigration Judge for a final decision. If the Immigration Judge denies your
asylum application, you will receive a letter telling you how to appeal the
decision. Generally, you may appeal within 33 days of receiving the denial.
After your appeal form and a required fee are processed, the appeal will be
referred to the Board of Immigration Appeals in Washington, D.C. For more
information, please see, How Do I
Appeal? .
- Can Anyone Help Me?
If advice is needed, prospective applicants may contact the United
Nations High Commissioner for Refugees (UNHCR).
The High Commissioner's representative in the United States may be reached in
Washington, DC at 202-296-5191. You may also contact the INS District Office or
Asylum Office near your home for a list of community-based, non-profit
organizations that may be available to help asylum applicants with advice and
help during their processing. Please see INS field
offices home page for more information on
contacting INS offices. In addition, please see the INS Webpage that provides
information on free legal advice
.
- Frequently Asked Questions [FAQs]
Do you want further information? Click here for INS Frequently Asked Questions
on Asylum.
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