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Asylum

US immigration law establishes a procedure to apply for asylum in the US. A person is eligible for a discretionary grant of asylum if he/she qualifies as a refugee under the INA, is eligible for the favorable exercise of discretion, and is not otherwise barred from obtaining asylum. A refugee is a person who has a well-founded fear of persecution in his/her native country because of his/her race, religion, nationality, membership in a particular social group, or political opinion.  The law provides that a person who has been subjected to forced population control, such as sterilization or forced abortion, or persecuted for failure to undergo such procedures, has been persecuted on the basis of his/her political opinion. A person seeking asylum, with limited exceptions, must file asylum within one year from arrival in the US.

To establish a well-founded fear of persecution may be difficult for the foreign national. To qualify as refugee, the foreign national must prove that he/she has been persecuted in the past on account of race, religion, nationality, membership in a particular social group, or political opinion. Often time, the foreign national has left his/her country to flee from persecution, and has little or no hard evidence of persecution. Sometimes his/her testimony may be the only evidence. To successfully substantiate a claim, his/her credibility may be critical, and the INS has established a comprehensive policy for examining credibility. Generally, the foreign national is given the benefit of the doubt, and absent evidence that what he/she is saying is false, it is considered as true.  His/her demeanor and behavior may be factors in the credibility determination.   

A person who has been granted asylum may file a petition for a spouse who was a spouse before the time that asylum was filed, and a child under 21 years old.  The petition must be filed within two years  of the date of the asylum grant.  Once he/she has been granted asylum, he/she can apply for lawful permanent residence after being present in the US for one year from the date of receiving asylum.

Benjamin Beijing Wang, P.C. 1672 Willamette Street Eugene, OR USA 97401 541-484-1811 (tel) 541-431-3470 (fax)