Asylum, in general terms, is a special right granted for people who cannot go to the own country for a perceived fear of persecution due to race, nationality, religion, or political opinion. In United States context, asylum provides an opportunity for anybody, as the immigration law does not have any numerical limit, to live and work in the United States in an indefinite period of time. After a year of asylum, the person can seek for permanent residency in the Unites States through green card application.
In theory, asylum and refugee status differ only on where the person asks for the aforementioned legal permission to stay in the United States. With the asylum, the person is already within the borders or territory of the United States, while for refugee the person seeking permission is still outside the premise of USA. However, as stated above for reasons of granting asylum, both statuses need to comply with the requirement of the 1967 United States Protocol on Refugees.
As stated, the immigration laws of the United States does not limit the number of asylees, but there is a limitation or numerical cap on those who seek permanent residency after one year of asylum status. The Immigration Act of 1990 provides 10, 000 available slots for asylees who can apply for permanent residency. History-wise, the numerical limit is justified and reasonable considering the fraction of asylum today.
A person who wants to get asylum in the United States must meet the following criteria for eligibility:
- Filing of the application of asylum may be a year before actual entry is made or at the time of entry at airports, seaports or borders.
- It is necessary to ask and provide documents showing if the circumstances in your country has changed with regards to the perceived fear of persecution. With those circumstances change, the United States USCIS may not grant the asylum status – and you will be advised to leave the country.
- As stated above, the refugee definition of the United States Protocol on Refugees must be met.
It must be understood that even if you illegally entered the United States, you can still ask for asylum. The United States will not deport the person for failure to apply for asylum status, provided that extraordinary circumstances have prevented the person from doing so.
Although asylum has benefits of protection and residence within the United States, the person must also comply with necessary requirements. For one, when traveling outside the United States, it is necessary for asylee to get an Advance Parole to have re-entry to the United States. A Refugee Travel Document can also provide a permission to leave and re-enter the country at any time.
If the person chooses to live in the United States for a permanent period, it is necessary to apply for green card status. Compared to other ways to get the green card, asylees have better chance for green application approval.
