Who Qualifies for Asylum in the United States?

Need help understanding who qualifies for asylum in the United States? You're not alone. We're sharing how you can receive protection.
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Staff Writer, @DooleyNotedLaw

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The asylum process is for people coming to the United States for safety. However, you may be wondering who qualifies for asylum. That’s where we come in. This blog post walks you through the basics of the asylum process. Additionally, we’ll help you understand who is eligible and what you need to do to apply. If you have any other questions, please don’t hesitate to contact us! We are here to help.

How to get Asylum?

To apply for asylum, you must prove that you fear persecution in your home country. This fear must be due to one of the following: race, religion, nationality, political opinion, or membership in a particular social group. You will also need to show that your fear is justified. This justification includes proving that you cannot find protection from your government if you were to return home.

If you are unsafe in your home country due to the situations listed above, you may be able to get asylum in the United States. Additionally, you can apply for asylum if your family is unsafe for the same reasons. There is no fee to apply for asylum, but you need to apply within one year of arriving in the United States. This means that you should apply for asylum as soon as possible after entering the United States.

Proving Asylum Status 

People seeking asylum must prove that their life is in danger. To qualify for asylum, you must show reasonable and credible fear of persecution in your home country. You can confirm this by providing documentation or personal accounts of the violence and persecution. Additionally, you need to show a reasonable possibility that you have been or could be tortured or persecuted. It is essential to have as much evidence as possible to support your asylum claim. After, the U.S. government will decide if your fear is credible and if you qualify for asylum.

Who Qualifies for Asylum vs Refugee

Refugee status and asylum are very similar. The main difference between them is that you can receive an asylum status while already in the United States or at a U.S. port of entry. However, you can only obtain refugee status before arrival in the United States.

There are different requirements and processes for obtaining asylum and refugee status. For instance, getting refugee status is more dependent on government-approved relocation programs. This means that refugees must wait until the government approves their relocation to the U.S. before they can come.

If you are seeking asylum, you need to provide evidence and documentation of the persecution you faced in your home country. You need to give this information soon after arriving in the U.S.

Overall, the benefits and status of refugees and asylum seekers are the same. However, the process of gaining refugee status is different.

Benefits of Asylum Status 

After receiving asylum status, there are several benefits that you can receive. These benefits include:

  • Working in the United States
  • Being able to apply for permanent residency (a green card) one year after being granted asylum
  • Eligibility for certain government assistance, such as financial, medical, job, and English language assistance
  • Applying for family members to come to the United States

These benefits can be helpful to asylum seekers. After living in fear, finally having the ability to work and support their families can be life-changing. Further, they may not be able to return to their country for a long time if the persecution and violence continue.

Obtaining Residency After Asylum Status

If you have been granted asylum status in the United States, you may be able to apply for permanent residence. You become eligible for permanent residency after being in the country for one year. The government requires refugees to apply for permanent residence, but asylum seekers have the option. Individuals with asylum status may be able to return to their countries sooner if the persecution or violence has stopped.

Citizenship After Residency

If you have permanent residency, you may be able to get citizenship after five years. The government does not require that you apply for it, but you can if you want to live in the U.S. permanently.

Why Hire an Immigration Lawyer in Texas?

The asylum process is very complicated. Further, immigration laws are constantly changing. Therefore, it’s essential to consult with an immigration attorney in Texas who knows the current laws. Additionally, they can guide you through the process based on your unique circumstances.

It can be challenging to understand the difference between asylum and refugee status. However, an immigration lawyer in Texas can help you determine which one is best for your situation.

If you are trying to apply for asylum, contact Dooley Noted Law. We can help you through the process and make it easier for you. We offer free consultations, so don’t hesitate to reach out today.

The contents of this post, and the posting and viewing of the information on this post, should not be construed as, and should not be relied upon for, legal advice in any particular circumstance or fact situation. An attorney should be contacted for advice on specific legal issues.

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