What is asylum?

Asylum is the legal protection afforded by the United States government to a person who can demonstrate a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. The opportunity to apply for asylum is offered to both refugees outside the United States and people who have entered the country illegally.

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What Happens at the USCIS Interview for Asylum?

At the asylum interview, an immigration officer from the U.S. Citizenship and Immigration Services (USCIS), formerly the INS, will review the alien’s application for asylum to determine whether he or she should be granted status in the United States. The asylum applicant must arrive at the scheduled date and time at the regional service center having jurisdiction over the alien’s place of residence.

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Asylum Eligibility & Processing Procedures

The two types of asylum applications are affirmative and defensive. The purpose of both applications is to seek relief from removal or deportation from the United States. Both types of asylum applicants must show they have a credible fear of returning to their country of origin due to past persecution based on one of five protected grounds including race, religion, national origin, political opinion or membership in a particular social group.

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Can Your Application for Asylum Include Your Family?

Your spouse and any unmarried children under the age of 21 may be included in your asylum application. Additional applicants can “ride” on the lead alien’s application. However, there are two conditions. The family members must be physically present in the United States and they must be able to establish a basis for asylum on their own.

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Voluntary Departure vs. Deportation

Voluntary Departure permits individuals who are otherwise removable to leave the United States at their own expense within a set period of time. Removable aliens may request to leave the United States before the conclusion of removal proceedings. Post-conclusion voluntary departure is similar to pre-conclusion in that both require you to leave voluntarily. However, with post-conclusion voluntary departure, you wait until after the removal proceedings have ended, or concluded, to leave.

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Can I apply for asylum at an American Embassy?

No. You must be physically present in the United States to apply. The distinction between a refugee and an asylee (asylum applicant) is easy to confuse. Both are considered persons who are subject to persecution because of their race, religion, nationality, political opinion, or membership in a particular social group. Consequently, both types apply for humanitarian relief with the U.S. government.

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Reasons for Denial of Asylum Applications in the United States

The general purpose of the asylum process is to provide protection for individuals who are subject to persecution in their native country for certain reasons, including political and religious persecution. To that end, there are a couple of tests that must be passed before an individual can qualify for asylum.

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Can a former student apply for permanent residency after their student visa has expired?

Someone who is temporarily in the United States on a student visa may be able to apply for permanent residency or citizenship, but not usually based solely on his or her status as a student. Whether a foreign student can obtain permanent residency or citizenship will depend on his or her current status and whether he or she can convert to a status that is eligible for adjustment of status as a permanent resident.

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Can You Be Deported While Waiting for a Decision From the BIA?

Generally speaking, you cannot be deported while waiting for a decision from the Board of Immigration Appeals (BIA). However, the filing of an appeal with the Board of Immigration Appeals (BIA) only “stays removal” under limited circumstances. Sometimes, an additional, written request to the BIA for stay of removal is required.

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