Asylum is the right granted to individuals by a state to escape persecution in their homeland and live safely in another country. Asylum seekers can be of any age, gender, socio-economic status or nationality. They typically come from regions of the world that are impacted by conflict, natural disaster and weak rule of law.
A person can apply for asylum either affirmatively, when entering the United States, or defensively by requesting withholding of removal or protection under the Convention against Torture before an immigration judge in removal proceedings. Generally, the individual must prove that they have suffered persecution on account of a protected ground in the past or have a well-founded fear of future persecution. In addition to the main asylum applicant, spouses and children under 21 can be included as derivatives of the main application and receive the same rights as the principal.
With limited exceptions, people who are found to pose a danger to the country or have committed serious crimes cannot be granted asylum. Additionally, individuals who have reentered the country after being deported and those who persecute others can also be denied asylum. Despite this, many individuals are successfully granted asylum on the basis of their sexual orientation.
Asylum can be complex and it is essential to consult a legal professional for tailored guidance. However, it is important to understand your options if you are facing political oppression. Legal form templates can help with some aspects of the process, but it is essential to understand your rights if you are seeking protection.
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