North Carolina Deportation Defense Lawyer

Persecution & Asylum

The United States is known as a country of freedom and equality. Residents are free to speak their mind, practice their religion, and share the same rights as every other individual in the country. Numerous other countries in the world do not have such freedom or equality, which may result in serious persecution of individuals for their race, religion, gender, or political views. The United States government seeks to aid as many of these individuals as possible by offering a limited number of asylee statuses to foreign nationals seeking refuge or asylum in the United States.

Understanding Refuge vs. Asylum

Many people do not realize that there is a difference between refugees and asylees. In order to seek refuge in the U.S., you must apply from outside of the country and meet certain eligibility requirements. This includes being able to demonstrate that you were persecuted due to one or more of the following:

  • Race
  • Religion
  • Nationality
  • Political opinion
  • Membership in a particular social group

You must also be admissible to the United States and be of special humanitarian concern to the U.S. To apply for refuge, you must first be referred to the U.S. Refugee Admissions Program (USRAP) by a government agency such as the United States Embassy. You must then apply and be interviewed abroad by a USCIS officer who will determine your eligibility. If you are found eligible, you will receive a medical exam, travel planning assistance, and a loan to help you immigrate to the United States.

In some cases, an individual may not have time to apply for refugee status due to the persecution they are facing. You may instead flee to the United States and seek asylum if you are in such a situation. Lawful residents and unlawful residents are both able to request asylum and removal protection in the United States; however, you must be able to prove an inability to return to your home country due to fear of persecution as listed above. You will only be allowed to remain in the U.S. as an asylee if you are able to prove your eligibility.

Once you are granted entry, you must file a Form I-589, Application for Asylum and for Withholding of Removal within one year of your arrival. This document not only grants you the status of asylee, but protects you from being removed from the country due to unlawful entry, unlawful residence, or overstaying your visit. Without this document, you may be subjected to deportation. Both refuge and asylum are in concordance with the United Nations Convention Against Torture, which serves to prevent inhuman treatment or punishment in countries around the world.

Hire an Immigration Attorney for Assistance

If you need to seek refuge or asylum in the United States due to persecution in your country of origin, Robert Brown LLC will help. Our legal team is experienced and aggressive and can skillfully guide you through the process of obtaining entry into and protection in the United States. We practice nothing but immigration law, giving us a level of insight and experience that few firms can provide. Contact our offices today to learn exactly what we could do for you.

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