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Who is eligible to seek asylum in the United States?

On Behalf of | Aug 9, 2022 | Immigration Law

Entering the United States can be a complicated process for those who are citizens of another country. You may be one who dreams of coming into the country to live and work in Florida, but navigating the process of securing the right visa and getting the documentation you need to do so is not always easy. If you are under the threat of violence or facing the possibility of harm for certain reasons, you may be able to seek asylum.

There are two different ways you can ask for asylum in the United States. You may apply at a border crossing or at a port-of-entry, or you may fill out a specific form. Before you do so, however, you will benefit from learning more about eligibility requirements for those seeking asylum. You can seek asylum even if you are already in the country, even if you came illegally. Knowing your options regarding asylum may help you understand how to take the next step toward becoming a legal resident.

Eligibility requirements for those who are seeking asylum

You may seek asylum if you are already in the country, or if you are planning to enter the United States. In order to do so, you must be able to prove that you are facing harm in your home country or the threat of persecution. If you did not request asylum upon your entry, you have one year from the day you arrived to complete the appropriate forms. Seeking asylum is not an option for those whose requests for asylum previously received a denial by an immigration judge or Board of Immigration Appeals.

You may not be eligible for asylum if you previously passed through a safe third country on your way to the United States. For example, you cannot seek asylum in the U.S. if you previously passed through Canada, a country that is safe for refugees from different countries. You may include your spouse and your children on your application for asylum.

The best outcome for your family

Seeking asylum in the U.S. may represent the best chance you have to flee danger in your home country. When the safety and well-being of your family is on the line, you will benefit from learning more about all the options available to you that provide you with the chance to accomplish your immigration goals.