Political Asylum Applicants
Although federal laws and regulations govern the asylum process, each request is determined on a case-by-case basis, meaning that an individual’s application as presented to an immigration law officer is the most crucial factor in obtaining the relief sought. Following is a discussion of asylum status under the immigration law.
Asylum is a type of protection that allows individuals who are already in the United States to remain here. In order to obtain asylum, an applicant must demonstrate to the United States government that he or she fears persecution in their native country based upon one or more of the following:
4. Membership in a social group
5. Political opinion
Asylum Procedure and Limitations
An individual seeking asylum applies directly to the United States government. U.S. law generally requires that an application for asylum be filed within one year of the person’s arrival in the United States, although there are very limited exceptions. The procedure and evidence that is required in an asylum application is significantly more complex than for individuals seeking refugee status before the U.N. In addition, there are dangers of applicants being held in detention while their request is being considered, if they have entered the United States illegally. Finally, asylum applicants cannot seek employment authorization at the same time they apply for asylum. They need to wait for an initial 150 days prior to application.
Eligibility of Family Members
In addition to the asylum applicant him- or herself, immediate family members may also be eligible for asylum status, and will receive all of the benefits enjoyed by the applicant, provided that those family members were named in the asylum application. Family members do not need to be present in the United States when the application is filed.
Permanent Residency Status
Individuals granted asylum may seek permanent residency status (an immigrant visa or “green card”) one year after receiving asylum status.