US Immigration

Asylum And Refugee Status In The United States

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Asylum And Refugee Status In The United States

Asylum and Refugee Status
If you find yourself in the position that returning to your homeland will put you at risk of persecution, then you have the opportunity to apply for asylum or refugee status. It doesn't matter if you are in the United States legally or illegally, the opportunity to be heard by an immigration judge will be extended to you. These immigration categories were established so that persons facing persecution or severe penalties in their homeland due to their political orientation, ethnicity, religion, nationality or membership in a social group would not be facing them as a result of deportation by the United States. In short, the US will not force a person to return to their country of origin if they face these kinds of risks.

How to Request Asylum or Refugee Status in the United States
You can request asylum or refugee status at any port of entry. You will have to complete an application and be prepared to undergo an asylum or refugee interview. By law the interview must be conducted within 60 days of the application being submitted. There are no guarantees that asylum or refugee status will be granted simply because you have applied for it. Your story has to fit the circumstances required by law and it is best that you get assistance in preparing the application. There are many refugee resources available in most larger cities and it would be wise to seek out their assistance in this matter. A consultation with an experienced immigration lawyer can point you in the right direction to find these resources.

Practical Considerations for Persons Seeking Asylum or Refugee Status
There are some practical considerations as well if you seek asylum or refugee status in the United States. For starters there are limits on the number of asylum and refugee status applications that can be accepted each year. In the case of asylum it's 10,000 and for refugees it is 70,000. If you are eligible to file an application it has to be filed within 1 year of entering the country (legally or illegally). Simply applying does not grant you all the rights of citizenship, there are restrictions that you must abide by. You can not seek employment until you have been in the country for 150 days. You cannot leave the country without permission (advanced parole). If you do leave the country without permission you will be denied reentry upon your return and you may not reapply for asylum. When you are scheduled for your interview, you must attend. If you miss your interview your claim for asylum will be denied and you will be deported. If you attend the interview and later the USCIS determines that your claim for asylum or refugee status is not valid, you will be deported.

If You are Granted Asylum or Refugee Status
If however your claim is deemed valid you will be given asylum or refugee status and you will be free to enjoy all of the benefits of living in America but it is not a guarantee of permanent resident status. If things change in your home country and there is no longer a threat, you may lose your status and be required to go home. Because this is a one shot deal it is essential that your application and any supporting documentation be through and complete. Most persons applying for this status don't fully understand what is required. It is very important that you seek out assistance from an attorney or a Refugee Center to assist you in this process.