The immigration laws of the United States that you can only apply for asylum in the US if you are living in the US and only lived here for not more than 1 year. The asylum will only be granted if the applicant can prove that they are under persecution in their home country.
The grounds for the said persecution can be based on the following conditions:
- Political opinion
- Nationality and
- Particular Social Group (commonly referred to as PSG)
A PSG is a group that is identifiable by fundamental characteristics and are viewed as a threat in their home country. The said beliefs or characteristics must be so ingrained in them that it should not be expected that they can change them.
What Are the Legal Prerequisites For Getting Asylum?
To qualify for an asylum grant in the US, you must provide proof of refugee status and also prove that you have not be barred for getting the said asylum by any other provision of the US immigration laws. Among the things that may bar you from getting asylum in the US include;
- You have been accused (convicted) of persecuting others
- You have been convicted of having committed certain crimes in the US
- You have committed some grave non-political crimes anywhere outside the US jurisdiction
- The Department of Homeland Security deems you a threat to national security
- You have been involved in terrorist activity
- You have firmly indicated that you will be settling in another country other than your home country.
- Having another country other than your home country and the US where you could settle down
- Having been denied asylum before
- Late filing of the asylum application i.e. more than 1 year after entry into the United States.
What is Refugee Status?
To get a refugee status in the US, you must demonstrate that there is a legitimate reason for fleeing your country and harm could have come to you based on your political opinion, nationality, race, sexuality and religion among others.
Your chances of getting asylum after proving refugee status are significantly improved with the help of an immigration attorney.
Types of Asylum Applications
Affirmative Asylum – If someone has not been placed into the removal proceedings, then they are at liberty to apply for asylum with US Citizenship and Immigration Services (USCIS) regardless of their legal standing in the country.
Note that if your immigration is not valid, then USCIS will not grant you asylum. Rather, it will place you into the removal proceedings where the immigration judge has the power to stay your removal and consider anew your asylum application.
Defensive Asylum – A defensive asylum seeker is someone who has already been placed in the removal by a determination in a court of immigration judge. The said person can introduce asylum during the hearing in front of the immigration judge in which case the asylum seeker will be heard by the immigration judge at the entry into the US or shortly after he has entered US.
What Happens To Your Family As You Seek Asylum?
Only those who have been granted asylum in the US can apply to bring over qualifying children and spouse into the United States.
With the Konare Immigration Lawyers, you have the expertise that you will need to navigate the asylum seeking process to hurry the process and help you know your rights as an asylum seeker.