Immigration Terminology Explained: Asylum

Welcome back to our weekly blog series, Immigration Terminology Explained, where we define commonly used immigration terms in plain, accessible language.
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Last week, we covered Adjustment of Status.  Today, we turn to a critical humanitarian protection in immigration law:

Term of the Week: Asylum

Definition:

Asylum is a legal protection granted to individuals in the United States who have fled their home country due to past persecution or a well-founded fear of future persecution based on one or more of the following grounds:

• Race
• Religion
• Nationality
• Membership in a particular social group
• Political opinion

Who It Applies To:

Asylum may be requested by individuals who are:

• Already present in the United States, or
• Arriving at a U.S. port of entry

To qualify, applicants must demonstrate that returning to their home country would place them at risk of serious harm due to one of the five protected grounds listed above.

Why It Matters:

Asylum offers a life-changing path to safety and legal status for those fleeing danger.  Approved asylum seekers may:

• Remain in the United States legally
• Apply for work authorization
• Petition for qualifying family members to join them
• Apply for a Green Card after one year

There are two primary types of asylum processes:

• Affirmative Asylum:  Filed with U.S. Citizenship and Immigration Services (USCIS) by individuals not in removal proceedings
• Defensive Asylum:  Raised as a defense to deportation before an immigration judge

Key Takeaways:

• Asylum protects those at risk of serious harm due to specific reasons recognized under international and U.S. law
• Applicants must apply within one year of entering the United States, with limited exceptions
• Approval may lead to permanent residency and eventually U.S. citizenship

Looking Ahead

Next week, we will define “Automatic Visa Revalidation”—a useful policy for certain nonimmigrants returning to the U.S. after brief travel to neighboring countries.
If there is a term you would like explained in a future post, please let us know.  This series is here to make immigration terminology easier to understand, one word at a time.

If you have questions about your visa status or if you are an employer exploring immigration options, we are here to help.  At the Law Office of Julia L. Stommes, we are committed to helping individuals and businesses navigate complex legal landscapes.
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The information provided in this blog is intended for general informational purposes only and should not be construed as legal advice.  To schedule a Consultation to discuss your legal immigration options, please email us at [email protected].