11/19/2021
Asylum
At CLG we get a lot of information requests about asylum and the various requirements. Thus this informational post provides more information about a complex area of U.S. immigration law.
It is worth noting that simply fearing returning to an immigrant's home country is insufficient to qualify for Asylum. However, an immigrant who experienced persecution in their home country and has a well-founded fear of future persecution may qualify for Asylum. This persecution must be based on one of five categories provided for in U.S. immigration law which is: race, religion, nationality, political opinion, or membership in a particular social group.
Notably, there is a common misconception between refugees and asylees. For immigration purposes, a refugee is an individual who experienced persecution in their home country and has a well-founded fear of future persecution and then applies for Refugee protection from their home country. Conversely, an individual applying for Asylum will typically do that from within the United States or at a U.S. port of entry.
U.S. immigration laws allow for two types of Asylum applications (Affirmative & Defensive Asylum).
Affirmative Asylum
An individual in the United States who is not in removal proceedings and who qualifies for Asylum based on a well-founded fear of future persecution based on their race, religion, nationality, political opinion, or membership in a particular social group may apply for Asylum directly through USCIS.
Defensive Asylum
Immigrants in the U.S. who meet the same requirements above but who are in removal (deportation) proceedings may apply for Asylum through the Immigration Court.
NB: All information and content posted on the CLG page are provided for informational purposes. None of the shared posts should be construed as a legal opinion, advice, or substitute for obtaining independent legal advice from a licensed attorney.
