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How is asylum eligibility determined?

On Behalf of | May 6, 2016 | Asylum

Numerous individuals try to enter the country every year seeking protection or relief from what they deem to be dangerous situations. However, those who believe that they can simply cross the border into the United States and be granted asylum upon request may need a little help in actually making the request become a reality. For asylum seekers currently residing in California, an immigrantion attorney may be able to help.

Asylum is only granted in certain situations. Anyone can tell a story about some awful event in their native country or home life, but those stories have to be verified by authorities. This is not always an easy process.

Once someone enters the country, he or she may immediately request asylum, or he or she may wait up to one year before seeking this status. In order to apply for asylum, the proper application form must be filed first. An immigrant’s current status does not matter when making a request for asylum.

After an application has been submitted, immigrantion authorities will have to determine eligibility. In order to do this, it will have to be determined if the petitioner meets the definition of a refugee. A refugee is defined as a individual who is unable or unwilling to return to his or her native homeland due to persecution or other founded fear of persecution. One’s reasoning for seeking asylum will have to be included on his or her petition and will be discussed at length during an interview.

Those not eligible for asylum include those who have participated in the persecution of others in their home countries, those who have been convicted of serious crimes or those who pose as threats to the United States. Asylum seekers currently residing in California who believe that they meet all of the necessary eligibility requirements may move forward with their requests. With the assistance of legal counsel, these individuals can file the appropriate paperwork with supporting documentation and prepare for any necessary immigrantion proceedings.

Source: FindLaw, “Asylum Claims & Eligibility“, Accessed on May 4, 2016