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Asylum/Refugee
Asylum is for possible refugees (asylum-seekers) who are seeking entry into or are already in the United States. Primary responsibility for implementing the United States Asylum Program rests with the Immigration and Naturalization Service (INS). Refugee processing is for bona fide refugees who are still overseas and subject to government control, by setting standards, criteria and numerical limits before they can enter the United States.
Refugees Eligibility for refugee status is decided on a case-by-case basis in which a personal interview of the applicant is held by an INS officer; it is designed to elicit information about the applicant's claim for refugee status. INS will determine whether the applicant has suffered persecution or has a well-founded fear of future persecution, on the basis of political opinion, religion, nationality, race or membership in a particular social group. Conditions in the applicant's country of origin are taken into account and the applicant's credibility is also assessed.
Under the Illegal Immigration Reform and Immigrant Responsibility Act of 1996 (IIRIRA), the definition of refugee was expanded to include persons who have resisted or been subjected to, or have a well-founded fear of being subjected to coercive population control measures.
Asylum Asylum may be granted to applicant's already present in the United States and are unable or unwilling to return to 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. Asylum and refugee status differ only in the place where a person is seeking the status: for asylum, the applicant is already in the United States; for refugee status, the applicant is outside the United States. To qualify under both, one must satisfy the above definition of refugee.
To be eligible for asylum, an applicant must ask for asylum at a port-of-entry (airport, seaport or border crossing) or file an application within one year of his or her arrival in the United States.
Contact our office for more information at (800) 733-0849 or email us to schedule a free consultation:
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