A Brief Overview of Asylum in the United States

There are millions of people in the world who live in fear of persecution in their home country. Many of them seek to come to the United States for safety, and to start a new life. Whether you have a loved one still living in fear abroad, or you have come to America using a Visa and wish to apply for asylum so you don’t have to go back to your home country, it is important to learn what asylum is exactly, and how it can help you.

Qualifications for Asylum

In order to qualify for asylum in the United States, you must meet three requirements, which are:

  • Fearing Persecution – You must have a reasonable fear of persecution from either the government or another powerful organization in your home country.
  • Protected Grounds – You must be able to show that the persecution is caused by one of the protected grounds, which are race, religion, nationality, political opinion, or social group.
  • Government’s Role – Finally, you must be able to show that either your government is the source of this persecution, or that your government is unable to provide you with protection from those who seek to persecute you.

Once You’ve Qualified

Once you have qualified for asylum, you will be entitled to certain legal benefits, including the right to resettle here in the United States. There are local refugee resettlement agencies in many areas throughout the country that will be able to help you through this process. Depending on your situation, they can help provide money for living expenses and housing, and can help you to find employment if needed. Their goal is to get you assimilated into American culture as quickly as possible so you can start your new life here.

Another important benefit of qualifying for asylum is that your immediate family members (spouse, children, stepchildren) will automatically qualify for a ‘derivative’ grant of asylum. If your family is still overseas, you will need to file a USCIS Form I-730 to begin this process. In some situations, you can get help bringing your loved ones to the country if needed.

What if You’ve Been Denied Asylum

If you have applied for asylum and been denied, you will be able to remain in the country based on the terms of your original Visa. If your Visa is set to expire soon, it may be possible to extend the Visa, or change it to another type in order to remain in the country. It is also possible to appeal the decision to deny your asylum application, especially if you are able to provide additional evidence showing why it should be approved. Having an attorney represent you during the appeal can help with succeeding in cases like these.

Contact Us

Whether you’re applying for asylum for the first time, or you’re looking to appeal an existing decision, make sure you have the legal representation you need. Contact the Law Office of Judith Delus, P.A. [Link to CONTACT US page] to discuss your options.

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Law Office of Judith Delus, P.A.

Mrs. Montgomery practices in the areas of family law, immigration, and landlord/tenant law. She is very active in the Atlanta Metro Area and dedicates her spare time to charities that help and promote children’s rights, elder rights, and animal rights.

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