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How Do You Qualify For Asylum In The United States?


An individual in the United States is eligible to file for asylum if he or she is afraid that they will be persecuted because of their race, religion, nationality, political opinion, or membership in a social group if they return to their home country. You can apply for refugee status you are not yet in the United States and fear that one of these things will happen if you stay. A request for either asylum or refugee status must be based on one of those five conditions. If the individual is applying for asylum, they must do that within the first year of arriving in the US, usually through their immigration agency. There are a few exceptions to the one-year rule, but it does make their subsequent asylum case more difficult. In these situations, the individual does need to explain the exception to the one-year rule that they qualify for, and the reason that they didn’t file within the allotted time. Typically, an attorney would be able to tell them what exception they may qualify for. If they do not qualify for an exception, then their asylum application needs to be filed before they have been in the United States for a year.

Can You Walk Me Through The Process Of Applying For Asylum?

Once they are in the US, an individual would apply for asylum by sending in the appropriate application form to USCIS. The entire case can be rejected if even one question on this extremely detailed form is missed. Applications for asylum in the US do not require a fee. Proof of the persecution they would face if they returned to their home country needs to be attached to the application. Proof of this could include threats that they received or beatings or torture that they endured.

If the proof is that they would be persecuted in the future if they returned, then the application becomes more complicated. How can someone prove that they will be persecuted if they return, if they did not suffer persecution before they left their home country? This could be done through the use of official reports from various legitimate sources, which either prove that someone in their situation would be persecuted, so that someone similar has already faced persecution or otherwise have their lives in danger. A very good source for this is the annual Human Rights Report written by the State Department.

An annual Human Rights Report is issued by the State Department for countries all over the world. The reports describe the political, social, and economic details of each country in a very comprehensive manner, and can be used as the basis for such cases. In general, though applications can use official reports and statements from any legitimate source that circulates worldwide. A village newspaper would not be sufficient evidence; instead, it must come from a source such as Human Rights First, Amnesty International, or the New York Times, which compile information about current events around the world.

When Filing An Application for Asylum In The United States, What Are Some Common Mistakes That Are Made?

There are several common mistakes that are made when filing an application for asylum. An immigration agency, such as USCIS, will typically interview individuals as a first step in the application process. An individual can be sent to argue their case before an immigration judge if the agency is not able to approve the case, or if the individual in question does not currently have legal status. Lack of credibility or inconsistencies during testimony is a common reason that the immigration agency will not approve cases at the asylum office level. During the interview, the asylum officer and the individual discuss what happened to them before they left their home country and their fears about returning. During this interview, specific details become very important.

The immigration officer does not have to approve the case at the asylum office level, if they believe there are inconsistencies between the applicant’s written affidavit and their interview testimony, or if the office otherwise believes that the person being interviewed is not credible. Immigration judges will also deny cases if they believe the applicant is not credible. In order to appear credible, the applicant needs to provide consistent testimony, provide details of their situation prior to fleeing their home country, and be able to appropriately answer questions from either the asylum officer or the immigration judge. Applications for asylum may also be denied if the applicant either has not met the one-year requirement or otherwise do not qualify for any exception to the requirement.

For more information on Qualifying For Asylum In The United States, a free initial consultation is your next best step. Get the information and legal answers you are seeking by calling (202) 350-2571 today.

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