Seeking asylum is a human right enshrined in 1948’s Universal Declaration of Human Rights and then again in the Refugee Convention of 1951 and its 1967 Protocol. The United States passed its own federal law in the Refugee Act of 1980, for people who are fleeing persecution on “account of race, religion, nationality, membership in a particular social group, or political opinion.” The Refugee Act is meant to ensure that individuals who seek asylum from within the U.S. or at its border are not sent back to places where they face persecution.
There are 3 ways of obtaining asylum in the United States, the affirmative process, an Asylum Merits Interview after a positive credible fear determination, or the defensive process before the immigration court. Asylum applicants must file an application for asylum within one year of arriving in the United States, unless there are changed circumstances that materially affect their eligibility for asylum or extraordinary circumstances directly related to their failure to file within one year. Asylum applicants are eligible for employment authorization. If the asylum application is granted, the applicant and the children and spouse will be eligible to receive a green card and United States Citizenship.
If you believe you suffered past persecution or have a fear of future persecution, contact us today for a no charge case evaluation.