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ImmLaw -The Internet Immigration Law Center

In the public interest, the ImmLaw Asylum section will eventually become quite extensive. Please check back periodically for expansion and updates.

Asylum


General

The ability to immigrate to the US on the basis of an asylum request is cherished in the US. In a way, the Declaration of Independence was a claim of asylum. The US was first populated in significant part by political and religious refugees, and as a result the people of the US have always been especially sympathetic to asylum requests. A large body of immigration laws and procedures deals with this issue.

According to the Immigration and Naturalization Act (INA): The Attorney General (AG) shall establish a procedure for an alien physically present in the US or at a land border or port of entry, irrespective of such alien's status, to apply for asylum, and the alien may be granted asylum in the discretion of the AG if the AG determines that such alien is a "refugee" within the meaning of the law.

A "refugee" is defined as "any person who is outside any country in which such person last habitually resided, and who is unable or unwilling to avail himself or herself of the protection of that country 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." From these two statements has grown a very sizable body of law, regulations and procedures as well as case law. [Return]


Legal Framework of Asylum Law in the US

The US Refugee Act of 1980 (Refugee Act) sets forth the legal framework for US asylum law. The Refugee Act was an attempt to codify and bring US refugee law in line with international (United Nations) conventions. US asylum law has been derived from and is greatly influenced in application and interpretation from international refugee law.

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Requirements of an Asylum Claim

Necessary Elements of an Asylum Claim: Alien must establish:

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Burden of Proof

The amount of evidence necessary to establish an asylum claim depends on the facts and circumstances of each individual Case. It is recognized that it is often very difficult for a refugee to document a persecution claim, so the alien's own credible testimony supported by general documentary evidence may be sufficient.

Some factors in Burden of Proof

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Statutory Reasons for Baring Asylum or Withholding of Deportation

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Where to apply for Asylum

An alien can apply for asylum either affirmatively by submitting an application for asylum before being apprehended and referred to formal deportation or exclusion proceedings, or the alien can apply for asylum as a defense against deportation or exclusion after being so apprehended. The affirmative applications are handled by the Immigration and Naturalization Service (INS) while the defensive applications are handled by the Executive Office of Immigration Review (EOIR).

Affirmative Application Locations

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Benefits of Making a Voluntary (Affirmative) Asylum Application

If you are in the US and have a non legal immigration status(eg. you have entered without inspection or your status has expired) you may at some time be apprehended. Voluntary filing of asylum may possibly lead to deportation or exclusion proceedings, but there are many possible benefits to voluntary application. Get legal counsel. [Return]

Rights of Asylum Applicants

In 1990 there was created a new corps of professional Asylum Officers located in seven asylum offices around the US. These Asylum Officers are trained in a non adversarial asylum processing and international law and relations. Additionally the CORAP is required to maintain a documentation center on international human rights conditions and provide public information on persecution. After receiving an asylum application the CORAP sets up a "non-adversarial" interview during the interview the applicant: [Return]

Preparation and Filing of an Asylum Application

Documents: [Return]

Frequently Asked Questions about Asylum

We will make a concerted effort to answer questions of general interest about Asylum and collect them here. Please e-mail us your questions. Note that we will not be able to give specific individual advice. We recommend that you seek knowledgeable counsel about your situation. See Disclaimer [Return to Top].
Disclaimer: US immigration laws are very complex and have too many exceptions for this information service to be exhaustive. These information files are descriptions of the immigration processes intended to give an overview of the described processes. The information contained herein is not intended to create an attorney/client relationship or be construed as legal advise. Immigration law and procedures are constantly changing. And though we will try to keep these files up-to-date, we cannot guarantee their completeness or accuracy. Any reliance on information contained within the entire ImmLaw, Internet Immigration Law Center domain is taken at your own risk.

Please send reactions, comments, and advice to:

Mimi Schooley schooley@new-orleans.neosoft.com

This Page Last Updated:Thu, Dec 29, 1994