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Each year, thousands of people come to the United States in need of protection because they have been persecuted or fear they will be persecuted on account of their race, religion, nationality, membership in a particular social group, or political opinion.

Asylum is a form of protection, under U.S. immigration and nationality law, that allows foreign nationals who are in the United States to remain in the country, provided they meet the definition of “refugee” and are not otherwise barred from either applying for or being granted asylum.

Unlike the U.S. Refugee Program which provides protection to refugees by bringing them to the United States for resettlement, the U.S. Asylum Program provides protection to qualified refugees who are already in the United States or are seeking entry into the United States at a port of entry.

Evidence provided to the Immigration and Naturalization Service must establish that the individual is recognized internationally as outstanding in the academic field. It must include at least two of the following:

Asylum-seekers may apply for asylum in the United States regardless of their countries of origin. There are no quotas on the number of individuals who may be granted asylum each year, with the exception of individuals whose claims are based solely on persecution for resistance to coercive population control measures.

Obtaining Asylum in the United States

Depending on whether or not the asylum-seeker is in removal proceedings, s/he may obtain asylum in one of two ways:

  • Affirmative Asylum Process
  • Defensive Asylum Process

Foreign nationals who are granted asylum in the United States can eventually adjust their status to lawful permanent residency.

For assistance with your asylum proceeding, or to find out if you are eligible to apply for asylum in the U.S., contact us today.

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