welcome to elawyers.us
Elawyers Elawyers
Ohio| Change
  1. Home
  2. Learn about Law
  3. Immigration Law
  4. Asylum Refugee
People fleeing persecution in their home country may qualify for refugee or asylee status. This status permits the person to enter and stay in the country, with the opportunity to gain legal resident status. The primary difference between refugee and asylee status is where the person has applied for admission. An asylee enters the United States and files his or her application within a year of arrival; or later, if the situation in their home country developed after their arrival. A refugee, on the other hand, applies for status outside of the United States. Apart from this distinction they are quite similar. An applicant for refugee or asylee status must establish that they reasonably fear persecution in their home country and that the persecution was due to their race, religion, nationality, membership in a particular social group, or because of their political opinion.

The "Nexus" Issue

Some people have suffered greatly or have a very real concern for their safety but are, regardless, ineligible for asylum. This is because asylum is given only to people whose reasonable fear of persecution is related (has a nexus) to their race, religion, nationality, membership in a social group, or political opinion. This issue can arise in a number of different contexts.

For example, following a natural disaster or coup d'etat the conditions in a country may be very poor. An intending immigrant may be able to prove that they have been the victim of a horrible act of violence, or they may be able to show that they are virtually certain to suffer if they are forced to return home. Unfortunately, the very real persecution they fear is unrelated to politics, race, religion or the other grounds for asylum. As a result, victims of crime or natural disaster are often ineligible for asylum.

Bars to Asylum

Some applicants cannot receive asylum status even if they can establish their credible fear of persecution on account of one of the enumerated grounds. Those who have persecuted others; been convicted of serious crimes either in or outside of the United States; pose a danger to U.S. security; or have firmly resettled in another safe country prior to arriving in the U.S. may be barred from receiving asylum.

Those who previously applied for asylum and were denied are barred unless there are significantly changed circumstances that materially affect the application.

Types of Asylum Decisions

Once an application has been submitted and an interview has taken place there are a number of possible outcomes to an asylum claim, including:

  • Grant of Asylum: An approved application is granted and an I-94 document is issued indicating that the person has lawful status in the United States.
  • Recommended Approval: An asylum officer who has examined the case and found it eligible for approval but is still waiting the results of the necessary background investigation may provide a recommended approval until the checks are complete. A recommended approval provides some, but not all of the benefits of a grant of asylum.
  • Referral to Immigration Court: If the asylum officer cannot approve an application and the applicant is out of status the case may be referred to an immigration judge. This is not a denial and the asylum application will be considered by the judge anew.
  • Notice of Intent to Deny (NOID): An applicant who is in status and found eligible for denial may receive an NOID offering an opportunity to rebut any negative evidence.
  • Final Denial: A final denial provides the reasons for denying an asylum claim.

Learn more about asylum and refugee status; eligibility for Lawful Permanent Residency; the chronology of the asylum process; the process of refugee resettlement; and other asylum and refugee related topics by clicking on a link below.

Read more

Recent Topics

  • After One Year in the U.S., Is It Too Late to Submit an I-589 For Asylum?
    By Ilona Bray, J.D., University of Washington Law School

    Fortunately, there are some exceptions to the one-year asylum filing deadline. ...

  • Refugee Resettlement in the U.S.
    Created by FindLaw's team of legal writers and editors.

    Background on the government’s efforts to provide shelter to refugees who are displaced by war, famine, civil unrest, or political tumult. You’ll also find information on the application process and more.

  • Asylum and Refugees Overview
    Created by FindLaw's team of legal writers and editors.

    A broad look at asylum law and the procedures involved. Learn about how to apply for asylum, the grounds for asylum, whether family members are eligible, obtaining permanent residency status, and more.

  • Asylum Applications: What Are 'Changed Circumstances'?
    Created by FindLaw's team of legal writers and editors.

    Asylum seekers and refugees are people who are trying to escape persecution in their home country. The key difference between these two classifications is where the person is located: asylum seekers are already on U.S. soil (or at a U.S. border), whi...

  • Asylum Claims & Eligibility
    Created by FindLaw's team of legal writers and editors.

    An overview of asylum claims and the eligibility requirements involved. Learn who is eligible to apply for asylum, how to apply for asylum, how spouses and children are affected, and much more.

  • Asylum Hearings
    Created by FindLaw's team of legal writers and editors.

    A look at the different types of asylum hearings. This article provides descriptions of common immigration hearings, including bond redetermination, rescission, and asylum-only hearings.

  • The Asylum Process

    People who seek asylum in the United States, legally known as asylees, are trying to escape persecution in their home country. As with all other aspects of immigration to the U.S., asylum and refugee claims involve a complicated set of rules, require...

  • Can I Apply for Asylum Outside the U.S., Like at a U.S. Embassy?
    By Ilona Bray, J.D., University of Washington Law School

    Although plenty of people living in countries outside the U.S. are in fear for their lives and thus seeking a country that offers them protection, asylum is not a status that's available in ...

  • Credible Fear Interview: Three Key Issues
    Created by FindLaw's team of legal writers and editors.

    Foreign nationals who fear persecution in their homeland can seek asylum in the United States only if their fear is considered credible. But what exactly is a "credible fear of persecution"? Here are three key issues to keep in mind if you or someone...

  • How Long Will It Take to Get a Decision on My Asylum Case?
    By Ilona Bray, J.D., University of Washington Law School

    The length of time if takes for an affirmative asylum application to be given a final approval or denial depends on a number of factors, such as how backed up the U.S. government is with app ...

Can't find what you're looking for?

Post a free question on our public forum.
Ask a Question
Search for lawyers by practice areas.
Find a Lawyer