Immigration Offices

ASYLUM AND REFUGEE LAW

Seeking Political Asylum and Refugee Status in the USA?

In 1981, the Refugee Act was passed. Asylum and/or Refugee Status was to be granted to anyone outside of his or her own country of Nationality (or already in the United States) who is "unable or unwilling to return 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".

Difference between Refugee Status and Political Asylum: Both refugees and asylees must fall under this category. The most important difference is that the Refugee status application is done outside the applicant's home country as opposed to the Asylee who can apply while in the United States. You must apply for political asylum based on actual experience or persecution in your home country or fear of persecution based on race, religion or political opinion. Did you know you can apply for political asylum even if you are in the United States illegally. Consult with one of our experts to assist and guide you through the process.

Asylum law is one that allows people who are in fear of getting persecuted in their home country for certain political or religious reasons to avail immigration and get protection from another independent country. Asylum seekers are generally the one who are known as revolutionaries or nonconformist in their home country and hence are insecure and have to flee to some other country for protection. Political asylum can be approved for those in the US who do not want to return to their homeland in justifiable fear of a persecution on basis of nationality, religion, race, and other political reasons. Following is some information an asylum seeker should know, like asylum and refugee laws and the process of applying for US asylum.

The asylum law is about protecting the rights of individuals to seek a safe haven in foreign countries whereas; refugee law is more about allowing a substantial faction of people to migrate into a different country. While asylum seekers are those who are already residing in the US, the refugee status seekers are the ones outside US when they apply. Any number of people can get asylum in the US but there is a limit on the number of asylum seekers who get permanent resident status. People who are given asylum will be allowed to get employment and residence in the US, and after a year the asylum-holder is allowed to apply for permanent resident status.

We also have something called extradition treaties signed between countries that allow the home country to demand for the handing over of the asylum seekers, to which the sheltering country would have to give in. Nevertheless, according to global regulations, any sovereign country has the freedom to refuse the handing over of the asylum seeker to the home country.

How to apply for US asylum – Those who entered the US for a place of safety have a year’s time to apply for asylum, although it is better to file for asylum at the time of entering US. It is still possible to get asylum after one year in certain genuine cases when there is a change in the political situation of the applicant’s home land. Even the people who have been residing illegally in US can file for asylum, however it will be granted only if the applicant meets the definition of a refugee. The asylum seekers should submit the evidence in support of their claim for asylum to an immigration officer. But most often this evidence is only a personal testimony, as it is not always possible for a person fleeing a country to collect all the necessary evidence on the reason for fleeing.

If you are looking to seek asylum in the US in fear of getting persecuted in your home country, you will have to contact immediately an asylum attorney. You should handover the details of your case at the earliest so that the attorney can examine the particulars and provide guidance on how to file the application for your asylum.

USA Visa and Immigration Resources help you with all your visa and immigration needs. We help. Apply Online for H-1B, Green Card, US Citizenship, Work Visa, Business Visa, K-1 Fiancee Visa, USA Visa, Immigration, American Immigration Lawyer, Visa Services, Law H-1B, Green Card, US Citizen, citizenship.