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Asylum/Refugee Status

Asylum Refugee

Asylum is relief for foreign citizens to legally remain in the US as a result of having suffered persecution in his/her own country. Anyone outside of his/her country who is “unable or unwilling to return because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion” is considered to be a refugee.

A foreign citizen may apply for asylum at a port of entry or within one year of arriving in the US. A foreign citizen may apply for asylum regardless of his/her country of origin or immigration status. Some guidelines for the asylum application include but are not limited to:

  • An application must be filed base upon an actual experience of persecution or fear of persecution based on race, religion, or political opinion.
  • An application must be filed within one year of having arrived in the United States or upon arrival in the United States.
  • A foreign citizen may apply for asylum even if they are illegally in the United States.
  • A foreign citizen cannot apply for asylum if he/she has participated in the persecution of others or has obtained permanent residency in a country other than his/her home country or the United States.

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