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Allows Refuge in the United the United States based on Persecution
Asylum allows a person refuge in the United the United States based on persecution, by either government or by an independent force where the government is unable or unwilling to protect the asylum applicant without protection by the government, to seek refuge within the United States. This is not only for protection against political opinion but also for various other grounds of persecution
Asylum is available to eligible people who are already in the United States and are unable or unwilling to return their home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. An asylum applicant must apply for asylum with the Immigration Service upon arrival at the United States border or within one year after arrival in the United States. If the foreign national is already in the United States and has been put into Deportation (now called Removal proceedings) the foreign national may claim asylum as a relief to removal if eligible for an asylum claim. Eligibility is based on information that is provided on the asylum application and during an interview with an Asylum Officer or Immigration Judge.
An asylum applicant may only apply for employment authorization 150 days after the USCIS has received the completed asylum application.
An approved asylum claim allows the aslyee to live and work in the United States. The asylee is also able to apply for permanent resident status one year after the asylum claim is approved. The asylee’s spouse and any unmarried children under the age of 21 may be included in the asylum application.
If the asylum applicant does not qualify for asylum, but fears being tortured upon returning home, the asylum applicant may apply for relief under the Convention Against Torture.
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