Refugees who flee to the U.S. to avoid dangerous situations in their home country can be eligible for asylum status that allows them to remain in the U.S. legally. In fact, individuals with asylum status can often get authorization to work, receive assistance, and eventually obtain a green card.
An immigration lawyer can help you determine if you meet the qualifications and help you demonstrate your eligibility.
Fear of Persecution
The U.S. government grants asylum to people who can show that they are in danger of persecution in their home countries due to their:
- Race
- Nationality
- Religion
- Political opinions
- Membership in a particular social group
There must be a connection between the danger of persecution and one of the protected factors.
Anyone seeking asylum must also be able to show that the government in their home country is unable or unwilling to protect them. If they can show they have been persecuted in the past, it creates a presumption that the persecution would continue if the person seeking asylum were to return. However, if relocation within the home country could enable the person to avoid persecution, that could be grounds for denying asylum, although that assertion can be countered by presenting evidence to show why relocation would create further hardship.
Factors That Can Prevent a Grant of Asylum
In some cases, a person seeking asylum may have conducted behavior in their past or a present situation that prevents immigration authorities from granting asylum. In that case, the applicant can ask to have their case heard before an immigration judge to determine whether factors should be waived.
Reasons asylum can be denied include:
- Applying after being in the U.S. for more than one year
- Having a previous asylum application denied without a change of circumstances
- Involvement in persecuting others on account of one of the protected factors
- Posing a danger because of the commission of serious crimes
- Resettlement in another country
- Potential for removal to a safe third country
- Inadmissibility due to connections with terrorist activity
In many cases, an experienced immigration attorney can explain why problems should be overlooked. For instance, if an applicant waited for more than a year to apply for asylum because they were controlled by an abusive partner who refused to allow them to apply, that could convince a judge that the one-year requirement should be waived.
Options for Seeking Asylum
You can gain asylum status in two ways. First, you can apply directly, which is referred to as the affirmative asylum process. The alternative method is to wait until you are notified that you are subject to removal proceedings and to request asylum as part of the defense strategy to avoid deportation. Your immigration lawyer can help you determine which process makes the most sense for your situation.
Work with an Experienced Asylum Attorney
To obtain refugee or asylum status, you need to present persuasive evidence showing that you qualify the first time. You may not get another chance.
At American Dream®
Law Office, we understand the importance of asylum proceedings and we work hard to help our clients reach their goals. Contact us to find out how we could help in your case.