Introduction |
Asylum may be granted to people who are already in
the United States and are unable or unwilling to
return their home country 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. If you are
granted asylum, you will be allowed to live and work
in the United States. You also will be able to apply
for permanent resident status one year after you are
granted asylum. |
Adjustments to Permanent Residency |
No limits are set on the number of individuals who
may be granted asylum in the United States. Under
immigration law, approved asylums must reside in the
United States for 1 year following their approval in
order to be eligible to apply for adjustment to
lawful permanent resident status. One year of the
asylee's residence prior to adjustment is counted
toward the naturalization residency requirement.
Although asylee adjustments are exempt from the
worldwide annual limitation on immigrants, the law
places a ceiling on the number of asylees who may
adjust to permanent residency status each year. |
Eligibility |
To be eligible for asylum in the United States, you must
You may apply for asylum regardless of your immigration status, meaning that you may apply even if you are illegally in the United States. In addition, you must qualify for asylum under the definition of "refugee." Your eligibility will be based on information you provide on your application and during an interview with an Asylum Officer or Immigration Judge.
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Application Procedure |
Under asylum reform in 1995, the INS standard is to
conduct the asylum interview within 60 days after the
claim is filed, and to identify and grant in a timely
fashion those cases that have merit. If the INS
asylum officer does not find the claim to be
grantable at the interview, the applicant is referred
immediately for deportation proceedings before
Executive Office of Immigration Review (EOIR) (unless
a nonimmigrant status is still valid). |
Traveling Outside the United States |
If you are applying for asylum and you want to travel
outside the United States, you must receive advance
permission before you leave the United States in
order to return to the United States. This advance
permission is called
Advance Parole. If you do not apply for
Advance Parole before you leave the country, you will
abandon your application with the INS and you may not
be permitted to return to the United States. If your
application for asylum is approved, you may apply for
a Refugee Travel Document. This document will allow
you to travel abroad and return to the United
States. |