Political Asylum and Refugee Status in America
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 There are times when individuals find themselves having to flee their
native country because they fear political or religious persecution. Other
reasons may include feeling threatened because of certain memberships they may
be a part of or even due to their race or nationality. These threats may also be life
threatening and, therefore, prompt a drastic change in lifestyle.
Whether an individual seeks protective status while residing in the United States or
in their home country determines whether they will be considered for
asylum or refugee status. An
"asylee" is someone who asks for protective
status while residing in the United States. In order to qualify for asylum, an
individual must meet certain requirements. These include requesting asylum
while at any U.S. port of entry including a US border, seaport,
or airport.
In addition, it is mandatory that the asylum seeking individual submit an application for
asylum within a
year of being in the country. There are exceptions to this rule in the case
that the individual’s situation changes or if the conditions in their homeland
have changed. In the extreme case that an individual is not able to file within
a year due to circumstances that are out of their control, they must submit
their application within a reasonable time period. It does not matter whether
the individual is in the United States legally or legally, they are still
entitled to apply for asylum status. However, it is important to note that to
qualify for the asylum status, the individual must meet the definition of
refugee. A refugee is someone who is highly reluctant to return to their home
country or who does not have the option of returning to one's home country due to a
serious threat like persecution.
After the asylum application has been submitted, the individual must undergo an
interview. This is conducted by an Immigration Judge or Asylum Officer. Under a
1995 asylum reform, the interview must be conducted within 60 days of a claim
being filed. In the case where the individual does not make it to the scheduled
interview, this may automatically be grounds for their case to close. If the
USCIS (former INS) does not find the claim to be valid, the individuals receive
an order for deportation to their homeland. If the applicant should travel
outside the United States, they must ask for permission before departing the
country. This special permission is called “Advanced Parole” and allows them to
return to the United States. If they leave without obtaining this permission,
they will not be allowed back into the country upon their return with the result
of the application being forfeited and the case being closed by the USCIS. Based
upon the application and interview, a decision will be made on whether the
individual will gain asylum status or not. In the case that they are granted
asylum, the United States government gives them permission to reside and work in
the country. However, employment authorization and the asylum application cannot
occur simultaneously. One of the requirements of the USCIS is that individuals
must wait a minimum of 150 days after the asylum application has been received in
order to apply for employment authorization.
When an individual has been in the United States for a year with
asylum status, they
are given the opportunity to submit their paperwork to become permanent residents.
In 1980 the Refugee Act was introduced, and it laid out the procedures and
policies for asylums and refugees. As a country that prides itself on freedom,
the United States continuously takes in asylees and refugees. Those that submit
applications are from no particular areas, but rather come from different
regions of the world. These include Europe, Africa, Asia and Latin America.
Once in the United States they have the opportunity to gain permanent residency,
but this is by no means guaranteed. While there is no limit on the number of
individuals that may be granted asylum, there is a limit on how many can gain
permanent residency after having the asylum status for one year. Individuals who
have participated in acts of persecution or assisted others in this matter will
automatically be denied asylum. The current annual cap is set at 10,000 asylees.
Others that can be granted asylum status include the spouse of the applicant and
their children under 21 years of age. In addition, individuals must be present with the
application when they are interviewed by the USCIS.
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