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Asylum . Withholding of Removal

Asylum
Withholding of Removal

The U.S. government offers humanitarian assistance to individuals who seek shelter from oppression. If you have been persecuted in your homeland and have a well-founded fear of future persecution there on account of race, religion, nationality, membership in a particular social group or your political opinion, you can apply for asylum or withholding of removal in the US or at a port of entree.

Asylum and withholding of removal protect an individual from removal to a country of feared persecution. You may apply for asylum regardless of your current immigration status.

Months or years nowadays pass before the applicant is called for an interview at the asylum office. While waiting for your interview you can apply and receive work authorization and social security cards. These cards allow you to work for any employer in the US.

If your asylum application is approved by an asylum officer, you are allowed to live and work in the US for as long as you remain asylee. As the asylee you can apply for certain benefits. After one year of staying in the country the asylee is eligible to apply for permanent residency (a green card).

If the asylum officer rejects the asylum application and the applicant does not have legal immigration status, USCIS will issue a Form I-862, Notice to Appear, and refer the case to an immigration court for removal proceedings. Only in the removal proceedings before the immigration court can the applicant be denied asylum.

Denial of application is never a pleasant experience. It is more drastic when you are facing removal to a country where you fear for your life. Consult with an experienced attorney who can provide more details about asylum and withholding of removal.