There are many ways for immigrants to legally enter the United States. Many people obtain visas through their employment or family relationships. Others may try to petition for humanitarian-based immigration protections.
People fleeing war-torn countries and environmental disasters can sometimes qualify for refugee status before they enter the United States. Other times, those who are at risk of persecution in their country of origin might be eligible for asylum. Provided that people enter the country legally, they can apply for asylum while in the United States.
Asylees can remain in the United States to protect them from persecution. They can typically secure employment authorization that allows them to work and support themselves. When do foreign nationals theoretically qualify for asylum in the United States?
Credible fear of persecution is necessary
Asylum is only available to those who face persecution from civil society or the government in their country of origin. Generally speaking, that persecution has to target one of five protected characteristics. People might qualify for asylum if there is systemic discrimination against people based on their race, religion, membership in a social group, nationality or political opinion.
If there is clear evidence of a person being at risk of persecution and hardship in their country of origin, they may qualify for asylum. The applicant can potentially extend similar protections to their spouse and children. They can remain in the country indefinitely, as asylum is a permanent status in many cases. In special circumstances, the United States Citizenship and Immigration Services (USCIS) can revoke asylum after granting it to an immigrant, but such outcomes are rare.
Asylees have to meet many of the same standards as other immigrants. They need to pass extensive background checks and comply with specific immigration procedures. They need to avoid breaking the law while in the country. Asylees generally need to apply within a year of entering the country. The process of securing asylum often takes years to complete.
Exploring asylum and other forms of humanitarian immigration can be beneficial for those who feel like they cannot safely return home. Immigrants with the right support can potentially remain in the United States to avoid persecution in another country.
