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Asylum may be
granted to people who are already in the United States and are
unable or unwilling to return to their home country because of
persecution or a well-founded fear of persecution on account of
race, religion, nationality, membership in a particular social
group, or political opinion. If you are granted asylum, you will be
allowed to live and work in the United States. You also will be able
to apply for permanent resident status one year after you are
granted asylum.
You may 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 they may be eligible to apply for derivative status.
Asylum status and refugee status are closely related. They differ
only in the place where a person asks for the status asylum is asked
for in the United States; refugee status is asked for outside of the
United States. However, all people who are granted asylum must meet
the definition of a refugee.
Who is Eligible?
To be eligible for asylum in the United States, you must ask for
asylum at a port-of-entry (airport, seaport or border crossing), or
file an application within one year of your arrival in the United
States. You may ask later than one year if conditions in your
country have changed or if your personal circumstances have changed
within the past year prior to you’re 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
circumstance prevented you from filing within the one year period
after your arrival, so long as you apply within a reasonable time
given those circumstances. You may apply for asylum regardless of
your immigration status, meaning that you may apply even if you are
illegally in the United States.
In addition, you must qualify for asylum under the definition of a
refugee. Your eligibility will be based on information you provide
on your application and during an interview with an Asylum Officer
or Immigration Judge. If you have been placed in removal
(deportation) proceedings in Immigration Court, an Immigration Judge
will hear and decide your case. If you have not been placed in
removal proceedings and apply with the INS, an Asylum Officer will
interview you and decide whether you are eligible for asylum. Asylum
Officers will grant asylum, deny asylum or refer the case to an
Immigration Judge for a final decision. If an Asylum Officer finds
that you are not eligible for asylum and you are in the United
States illegally, the Asylum Officer will place you in removal
proceedings and refer your application to an Immigration Judge for a
final decision. Immigration Judges also decide on removal if an
applicant is found ineligible for asylum and is illegally in the
United States. If you are in valid immigrant or nonimmigrant status
and the Asylum Officer finds that you are not eligible for asylum,
the Asylum Officer will send you a notice explaining that the INS
intends to deny your request for asylum. You will be given an
opportunity to respond to that notice before a decision is made on
your application.
The instructions attached to the application form for asylum,
(Application for Asylum and for Withholding of Removal) are helpful
in defining the eligibility criteria for asylum.
How Do I Apply?
To ask for asylum, you will need to complete an (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 our 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 BCIS office 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 an Immigration Judge, you should file
the form with the Immigration Court.
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.
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.
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.
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