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HomeResearched Knowledge from StudentsThe Basics of Asylum
Researched Knowledge from Students

One of the main forms of relief available to people in immigration court is asylum. To be eligible for asylum, a person must fear returning to his home country because he believes he will be persecuted based on race, religion, nationality, political opinion, or membership in a particular social group. Persecution is defined as physical or mental harm or suffering that goes beyond mere harassment.

The benefits of applying for asylum are significant. For example, a person who receives asylum may bring family members into the U.S. as dependents on his asylum claim. Also, a person will be eligible to receive his green card one year after being granted asylum. Finally, an asylum applicant can apply for a work permit 150 days after submitting his asylum application.

To apply for asylum in immigration court, the applicant must submit a form I-589, Application for Asylum, and Withholding of Removal. This form requires the applicant to provide his basic personal information and state why he is afraid of returning to his home country. Generally, it is also a good idea for an applicant to provide a written statement describing in detail any harm he experienced in his home country.

Although applying for asylum may appear simple, there are many reasons to hire an experienced attorney to handle an asylum claim. For instance, a person is generally only allowed to apply for asylum within a year of having entered the U.S. Many persons in immigration court, however, have spent much more than a year in the United States. If this is the case for a particular asylum applicant, an attorney may be able to argue that an exception to the one-year rule applies in particular circumstances.

In addition to showing that he is afraid of returning to his home country, an asylum applicant will likely need to demonstrate several other items during the course of his case. Specifically, he will need to show no place in his home country where he could go to be safe from persecution. He may also have to show that conditions have not changed for the better in his home country such that he no longer has a reason for being afraid. For these reasons, an asylum applicant must hire an experienced attorney familiar with the law in each of these areas.

Source by John Wheaton

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