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Political Asylum 

What is asylum?

Asylum is a form of protection against removal of the person to the country where persecution is feared and allows the eligible refugee to remain in the United States and eventually become a lawful permanent resident.

 

Who can apply for asylum?

Persecuted persons of any nationality who are currently in the United States of America or who are seeking entry into a port of entry.

When should I apply for asylum?

Generally, you must apply for asylum within one year of your last arrival in the United States. Exceptions may apply such as (1) a change in circumstances in your country that may affect your eligibility, or (2) extraordinary circumstances related to your delay in applying.

Can I apply for asylum if I am in the United States illegally?

Yes. You can apply without considering your immigration status as long as you submit your application within one year of your last arrival or show that you are eligible to obtain an exception to this rule.

Can I request it if I have been convicted of a crime?

Yes. However, you may be denied asylum, depending on the crime committed.

Can I be denied to apply for asylum or concession?

You may be denied application for asylum if you previously applied for it and it was denied by an immigration judge or by a Board of Immigration Appeals. It can also be denied if you do not request it within a year from your last arrival, or if you can be removed to a safe third country, in accordance with a bilateral or multilateral agreement. You may be denied asylum due to certain criminal activities, security-related reasons, if you have been involved in the persecution of third parties or if you are already permanently relocated to another country. Certain exceptions may apply. However, if you are denied application for asylum, you may still be entitled to a stay of removal, which is another more limited form of protection that may be granted during removal proceeding

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