Service Description

Background Federal law provides that any individuals who have suffered or fear persecution in their home countries based on their race, religion, nationality, political opinion or social group can apply for asylum in the United States. This right to seek protection is set forth in the 1951 United Nations Convention Relating to the Status of Refugees and implemented in the 1967 United Nations Protocol Relating to the Status of Refugees. The U.S. Congress codified refugee and asylee protection in 1980 through the Refugee Act. To qualify for asylum, the applicant must be physically present in the United States. Asylum may be granted to an applicant who establishes past persecution or a well-founded fear of future persecution in the country of origin on account of the applicant's race, religion, nationality, political opinion, or membership in a particular social group. The persecution must be inflicted by the government of the country of origin or an entity the government is unwilling or unable to control. Additional factors, such as the ability to relocate within the country of origin or firm resettlement in another country, may make asylum nonviable. Asylum is a discretionary benefit. In exercising discretion, the adjudicator can take into account negative factors, including violations of immigration law or criminal law. A grant of asylum conveys significant benefits to the recipient. Unless an asylee commits a serious crime or otherwise violates her status, she cannot be removed from the United States unless the government can show that there has been a "fundamental change in circumstances [in the home country] relating to the original claim..." such that she may no longer be in danger upon return. 8 C.F.R. § 208.241. An asylee is authorized to work and may apply to adjust status and obtain lawful permanent residence (LPR) status one year after the grant of asylum. Further, an asylee is able to petition for and provide asylee status to her spouse and any unmarried children who were under the age of 21 at the time the asylum application was received by the government. These family petitions must be filed within two years of the grant of asylum. The Department of Homeland Security (DHS), through U.S. Citizenship & Immigration Services (USCIS), adjudicates affirmative requests for asylum. The Department of Justice, through the Executive Office for Immigration Review (EOIR) holds jurisdiction over asylum applications pending in removal