______________________________________________________________________________________________ASYLUM
Eligibility Requirements
Asylum is available to:
People in the United States who have a ''well-founded fear" of persecution . Asylum is a discretionary remedy. The USCIS or an immigration judge may deny asylum for a variety of reasons.
Generally, in order to apply for asylum, alien must be physically present in the United States for a period of less than a year and must show all of the following:
- he or she has a fear of persecution;
- the fear is well-founded;
- the persecution is based on race, religion, nationality, membership in a particular social group, or political opinion; and
- he or she is unable to return to the home country or country of last residence because of persecution or a well-founded fear of persecution.
However,
If there is a bilateral or multilateral agreement that allows an alien to be safely removed to another country, such alien is not eligible for asylum.
Also if the previous asylum application has been denied an alien may not apply for asylum again unless he shows changed circumstances that materially affect asylum application.
An alien who ordered, incited, assisted, or otherwise participated in the persecution of another person on account of race, religion, nationality, membership in a particular organization, or political opinion is ineligible for asylum.
An alien that is convicted of a '' particularly serious crime and constitutes a danger to the community of the United States ", or to security of the United Sates, is ineligible to apply for asylum. An alien who is suspected in committing a serious nonpolitical crime outside the United States is ineligible for asylum as well.
Finally, an alien who was settled in another country before arriving in the United States cannot obtain asylum.
Employment Authorization:
Alien may file for employment authorization not earlier than 150 days after the asylum application has been filed.
Frivolous Applications:
A person who knowingly files a frivolous asylum application may become permanently ineligible for any other immigration benefits.
Termination:
Changes in circumstances in the alien's home country may result in termination of the asylum status.
Filing:
- Form I-589
- A passport-style photograph
- Supporting documentation
