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Political asylum eligibility and applications

“President Biden did not make it easier to win asylum.
Firstly, the asylee must have been persecuted.
Secondly, you still must get it approved and must get the asylum prepared properly.”

— Brian D. Lerner, Asylum Lawyer

Asylum in the U.S.

Eligibility for Asylum in the U.S.

Firstly, to be eligible for asylum in the United States, you must ask for asylum at a port-of-entry (airport, seaport or border crossing), or file an application within one year of your arrival in the United States. 
However, if you are outside the U.S., then you would be known as a refugee.
A refugee can apply for legal status to the U.S., but it takes years. Immigration law provides safe haven for a refugee or an asylee.
One can enter the U.S. on refugee status.


One Year Issue for Political Asylum

You may ask later than one year if conditions in your country have changed or if your personal circumstances have changed within the past year prior to your asking for asylum, and those changes of circumstances affected your eligibility for asylum.
Moreover, you may also be excused from the one year deadline if extraordinary circumstance prevented you from filing within the one year period after your arrival, so long as you apply within a reasonable time given those circumstances.


Notwithstanding, you may apply for asylum regardless of your immigration status, meaning that you may apply even if you are illegally in the United States.
As asylum seeker must enter the United States and then apply for asylum. If they win, they will be known as an asylee.
They must qualify on different grounds such as being persecuted as part of a social group for their political opinion.


In addition, you must qualify for asylum under the definition of “refugee.”
However, your eligibility will be based on information you provide on your application and during an interview with an Asylum Officer or Immigration Judge. 


Moreover, if you have been placed in removal (deportation) proceedings in Immigration Court, an Immigration Judge will hear and decide your case.
Firstly, if you have not been placed in removal proceedings and apply with the USCIS, an Asylum Officer will interview you and decide whether you are eligible for asylum. 

Additionally, asylum officers will grant asylum, deny asylum or refer the case to an Immigration Judge for a final decision.
Thereafter, you will fight your case in Immigration Court.
However, if you are inside the U.S. applying for political asylum, you are not a refugee.

Asylee Status in the U.S. is not easy to obtain

However, if an Asylum Officer finds that you are not eligible for asylum and you are in the United States illegally, the Asylum Officer will place you in removal proceedings and refer your application to an Immigration Judge for a final decision.
Similarly, if you enter the U.S. illegally, you might be given a Notice to Appear.


One Year Issue

 Immigration Judges also decide on removal if an applicant is found ineligible for asylum and is illegally in the United States.
Applying for Asylum at the Master Calendar Hearing.
Moreover, asylum can be applied for affirmatively or defensively in Immigration Court


Getting U.S. Asylum

Additionally, if you are in valid immigrant or nonimmigrant status and the Asylum Officer finds that you are not eligible for asylum, the Asylum Officer will send you a notice explaining that the USCIS intends to deny your request for asylum.
However, you will be given an opportunity to respond to that notice before a decision is made on your application.
Similarly, you might receive a NOID or Notice of Intent to Deny.


You can come to the U.S. on a B-2 and then Apply for Asylum

Firstly, if you are outside the U.S., then it would take years to apply as a refugee and to get refugee status to enter the U.S.
However, if you enter the U.S. (even on a B-2 Visitor Visa), you would have up to one year to apply for asylum in the U.S.
In conclusion, there are various ways to obtain this status.

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