Asylum

Obtaining Asylum in the United States

What Is Asylum?

Asylum offers protection to foreign nationals who are seeking protection and have suffered persecution in the past OR they fear that they will suffer persecution in the future due to one of the following factors:

How Do You Claim Asylum?

There are three ways to enter into the process for asylum:
1. Defensive Asylum If Caught Entering The US Illegally Or Claiming Asylum At The Border
There are three ways to enter into the process for asylum:
If a foreign national is caught entering the U.S. illegally or presents themselves to an official at a US border or port of entry; AND
IMPORTANT NOTE FOR THESE ASYLUM SEEKERS:
2. Defensive Asylum If Put In Removal/Deportation Proceedings While Already In The US
IMPORTANT NOTE FOR THESE ASYLUM SEEKERS:
3. Affirmative Asylum With The USCIS
IMPORTANT NOTE FOR THESE ASYLUM SEEKERS:

What Is The Difference Between Affirmative Asylum and Defensive Asylum?

1. Adversarial vs Not Adversarial

What Are The Benefits Of Asylum?

1. Work Authorization While You Wait – The Clock
2. Granting of Asylum
3. Asylum For Applicant’s Family
4. Permanent Resident Status
5. Citizenship

What Must You Prove In An Asylum Case?

1. Persecution
2. By A State Actor or Non-State Actor
3. Past Persecution vs. Well-Founded Fear Of Persecution
4. Nexus - Persecution On Account Of Protected Class

What Counts As A Member Of A Particular Social Group?

1. Common Immutable Characteristic
2. Visibility – Social Distinction - Different Circuits Different Definitions
3. Family As A Social Group
4. Gender
5. Gang-Based Persecution
6. LGBT Identities
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