Foreign nationals in the United States who don't want to leave the country due to a credible fear of persecution in their country of origin may choose to apply for asylum so that they can remain in the U.S.
Who Can't Apply for Asylum?
Not everyone is eligible to apply for asylum. Ineligible individuals include those who:
- Did not apply for asylum within one year of their last arrival in the U.S.
- Have been previously denied asylum by an immigration judge
- Can be relocated to a safe third country
Foreign nationals who can't apply for asylum may pursue Withholding of Removal instead.
Key Differences
Immigration Status
Asylees: Receive asylee status, which does not expire.
Withholding Recipients: Receive relief, not established status. Their protections are not permanent and can be revoked if conditions improve in their home country.
Family Benefits
Asylees: May receive grants of asylum for their spouse and children, and may bring family members to the U.S. as derivative asylees.
Withholding Recipients: Cannot petition to bring family members to the U.S.
Employment and Benefits
Both may be eligible for employment authorization, Social Security card, Medicaid, and food assistance programs.
Path to Green Card & Citizenship
Asylees: Eligible to apply for a green card one year after being granted asylum and may apply for U.S. citizenship.
Withholding Recipients: Have no path to permanent residency or U.S. citizenship.
Travel
Asylees: Eligible for temporary travel abroad with a refugee travel document.
Withholding Recipients: May not travel abroad.
Proving Your Eligibility
Asylum requires proving a "well-founded fear" of persecution (10 percent likelihood), while withholding of removal requires establishing that it is "more likely than not" (greater than 50 percent chance) that you will be subjected to persecution.
Get Help Today
At Modern Law Group, we are dedicated to defending your interests and rights if you are facing removal from the United States. We have great experience in deportation defense law and have the knowledge to assess your situation and build a strong defense on your behalf.
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