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Asylum in the United States
Asylum is a benefit for which people who are physically present in the United States can apply when they can prove that they have suffered persecution or that they fear that they will suffer persecution on account of their race, religion, nationality, membership in a particular social group, or political opinion.
There are 2 two paths to claim asylum in the United States, the affirmative and the defensive. In the defensive asylum process, a person that is in removal or deportation proceedings can file the asylum application as a defense from deportation, and the application is decided by the Immigration Judge within the removal or deportation proceeding.
In the case of Affirmative Asylum, the applicant must be physically present in the United States and can apply for asylum status with the U.S. Citizenship and Immigration Services (USCIS) regardless of the way they arrived and entered the United States or their current immigration status.
To keep in mind
How to apply for asylum in the United States?
To apply for asylum in the United States, you must meet the following requirements:
To apply for asylum, the person must file Form I-589, Application for Asylum and Withholding of Removal, with the Department of Immigration (USCIS) within one year from the date of arrival in the United States and can include in the application spouse and children under 21 years of age and unmarried who are in the United States at the time of filing or at any time before a final decision is made on the application.
The person must apply for asylum within one year from the date of their last entry into the United States, unless they can demonstrate a change in circumstances that materially affect their eligibility for asylum or extraordinary circumstances that justify the delay in filing the asylum application.
The asylum seeker can live in the United States and if he/she meets certain requirements, he/she can also receive authorization to work while the application is pending before Citizenship and Immigration Services. If the asylum application is approved, the person can apply for legal permanent residence (green card) one year after being granted asylum.
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