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AsylumA foreign national may develop a well-justified fear of returning to his or her home country. In such cases, the individual may choose to apply for refugee or asylum status with the U.S. Both categories receive similar rights and protections from the government, but vary based on the individual's location when he or she makes the application. Refugee and asylum status comprise the only significant bases for immigration to the U.S. without family or employment support. Refugee and asylum status depend on the applicant's perception of the risks he or she faces in his or her home country. For either option, the foreign national must show a well-founded fear of persecution at home based on race, religion, nationality, membership in a particular social group, or political opinion. For asylum, the individual applies at the U.S. border or from within the U. S., while refugees seek their status outside the U.S. Asylum seekers must meet the well-founded fear test and present themselves directly at the border or within the U.S. There is no right to asylum, and an asylum officer or immigration judge can grant or deny the status in his or her discretion. The applicant must make a formal application for the status by using form I-589, Application for Asylum and for Withholding of Removal, which is available from the U.S. Citizenship and Immigration Services (USCIS). The location to file the application depends on the applicant's situation. For those who are not in removal proceedings and filing for the first time, the application must be filed with the correct Service Center, depending on where the applicant resides. For those who were previously denied, applications must be made at the Asylum Office that has jurisdiction for the applicant's residence. For those who are facing removal proceedings, the Immigration Court is the appropriate place to apply. Finally, there are other situations including stowaways, crew members, and those who entered the U.S. on the visa waiver program. For these situations, the application is made to the District Director for the local district. Asylum status is very powerful; it can stop deportation or exclusion proceedings against the individual. Applicants may receive work authorization while their application is pending. If the applicant leaves the United States or does not appear for scheduled asylum interviews, USCIS presumes that he or she has abandoned the asylum application and the application may be voided. USCIS will deny asylum if the individual:
Additionally, USCIS officials may deny asylum status if the individual grossly or fraudulently violated U.S. immigration laws in order to enter the country. Typically, the USCIS balances any violations against the individual's fear of persecution and lack of knowledge about proper immigration procedures. Numerical limitations apply to refugees but not to asylum seekers. The President sets a worldwide refugee admission ceiling for the year based on international humanitarian concerns and the national interest. In the event of an unforeseen refugee emergency, the President may expand the maximum number. Each refugee applicant must receive sponsorship from a person or organization within the U.S., a role often filled by American churches. The procedures associated with refugee and asylum status can intimidate even the savviest applicants. In order to preserve immigration options, interested parties should consult with an experienced immigration attorney. Questionnaire: Immigration IntakeTo read and printout a copy of the Questionnaire please link below. You can download a free copy of Adobe Acrobat Reader here. Copyright © 1994-2006 FindLaw, a Thomson business DISCLAIMER: This site and any information contained herein are intended for informational purposes only and should not be construed as legal advice. Seek competent legal counsel for advice on any legal matter. |
