US Immigration Reform

An asylum is a law that provides safety and protection to a foreign national and grants them the legal right to remain in their country of destination. An asylum-seeker is the person who fled from his country of citizenship because of persecution or fear of persecution due to their race, religion, nationality, and political or social affiliations. The U.S. allows 70,000 asylum-seekers into the country per year. Regardless if you are a legal or an illegal immigrant in the US, you can apply for asylum.

You may apply for Asylum when you arrive in the U.S. at a port of entry, such as an airport, seaport, or border crossing. Those who are already in the U.S. can also apply for Asylum but they must do so within one year of their arrival date. Beyond that period, the asylum-seeker may be granted if there is a profound basis that circumstances in their home country have changed drastically since their arrival to the U.S. If this is not the case, you may attempt to qualify the exceptional circumstances that prevented you from applying for Asylum during your first year in the U.S. The form that you are going to fill-out for an asylum application is Form I-589 which is the Application for Asylum and for Withholding of Removal. Forms are available at the official website of the USCIS, http://www.uscis.gov. Take note that there is no fee for the application.

You are ineligible to apply for asylum if:

• You had a previous application for asylum but were denied by the Immigration Judge or Board of Immigration Appeals. You can only possibly be reconsidered if there are changed circumstances which can re-establish your eligibility for asylum.
• You can be relocated to a safe third country pursuant to a bilateral or multilateral agreement.

Upon submission of the application and supporting documents, the Asylum Officer or Immigration Judge will evaluate your application. You will be denied of asylum if you:

• Ordered, encouraged, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion
• Were convicted of a particularly serious crime including aggravated ones.
• Committed a serious nonpolitical crime outside the United States
• Pose a danger to the security of the United States
• Firmly resettled in another country prior to arriving in the United States

You will also be barred from being granted asylum if you are inadmissible to the U.S. or removable for certain reasons.

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