A BRIEF OVERVIEW OF ASYLUM IN THE UNITED STATES

Atlanta Family & Immigration Law • Jun 16, 2017

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Qualifications for Asylum in the United States

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 About United States Asylum

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. to discuss your options.

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