Guirguis Law, P A

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When does an immigrant qualify for asylum?

On Behalf of | Sep 16, 2024 | Immigration

There are many ways to legally enter and live in the United States. Some people qualify for immigration opportunities through work or family relationships. Some people secure visas or even green cards because they are the victims of criminal activity or domestic violence.

There are also immigration systems in place for those dealing with corruption or persecution in another country. Some people fleeing unusual circumstances in another country may qualify for refugee status as a means of entering the United States. Others may be eligible for asylum. Those dealing with unstable circumstances in their country of origin may be able to apply for asylum in the United States.

What are the requirements for asylum?

Applicants must be in the United States

To qualify for asylum, an applicant must already be within the United States. In fact, the rules require that they lawfully enter the country. Those who crossed the border without a visa or other legal authorization may not be eligible to obtain asylum because they did not enter the country lawfully.

People who enter the country with temporary visas and other forms of legal authorization can then petition the United States Citizenship and Immigration Services (USCIS) for asylee status so that they can remain in the country. They typically need to do so by filing paperwork at a port of entry.

Applicants must face persecution abroad

Not everyone who is lawfully in the United States as a foreign national qualifies for asylum. There needs to be evidence of potential persecution in their country of origin. That persecution might be due to their race, religion, membership in a group or political affiliation.

If individuals face the possibility of unfair prosecution and other forms of persecution should they return home, they may be eligible for asylum. Asylum is not necessarily permanent. It may end when the situation in another country improves. However, those who qualify for asylum can temporarily stay in the United States. They can potentially even secure work authorization.

Learning more about asylum and other immigration options can be beneficial for those who cannot safely return to their country of origin. Asylum is one of many systems that can offer protection to those who might be in danger in their country of origin.