Who Is Eligible for Asylum or Refugee Protection in the United States?
Asylum and refugee status are legal protections granted to people who have fled their home country for their safety and are afraid to return to any part of that country. People who flee their home countries due to persecution may apply for asylum in the United States. If they are granted asylum, they will be provided with protection and the right to remain in the United States. Persecution can be defined as harm or threats of harm to you, your family, or people who are similar to you. A person may also seek asylum if he or she has previously faced persecution in his or her home country. You can only obtain asylum if one of the reasons someone harmed or may harm you is because of your race, religion, nationality, political opinion (or a political opinion someone believes you have), or membership in a “specific social group.” What is the distinction between asylum and refugee status in U.S. immigration law? It depends on where you are at the time of application. People living outside the United States must apply for refugee status, which is usually done through the United Nations High Commission for Refugees. The President of the United States sets an annual limit on total approvals. People who have already crossed the border or entered the United States (either legally or illegally) can, in theory, apply for asylum. Once granted, both refugee and asylee statuses allow a person to remain in the United States indefinitely. Asylees and refugees are allowed to work and apply for a green card within one year of entering the United States as refugees or being granted asylum. Types of Asylum The two ways of obtaining asylum in the United States are the affirmative process and the defensive process (see USCIS website for more information). The affirmative asylum process is for people who are not in removal proceedings. In contrast, the defensive asylum process is for people in removal proceedings. When the United States government orders your removal (deportation) from the country, you are in removal proceedings. Affirmative Asylum Processing with USCIS Regardless of the present immigration status, a person physically present in the United States and not in removal proceedings may apply for asylum proactively through the United States government via the U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security (DHS). Applicants must apply for asylum within one year of the date of their last arrival in the United States unless they can show: • Changed circumstances that materially affect their eligibility for asylum or extraordinary circumstances relating to the delay in filing; and • They filed within a reasonable amount of time, given those circumstances. If the USCIS asylum officer denies the applicant’s asylum request, the applicant moves to removal proceedings. In that case, they may renew the request for asylum through the defensive process and appear before an immigration judge. Defensive Asylum Processing with EOIR When individuals file a defensive asylum claim, they attempt to