Political Asylum and Refugee

If you have a reasonable fear of returning to your home country based on of one or more of the five statutory grounds (race, religion, nationality, member in a particular social group or political opinion) or if you have suffered past persecution on the basis of one or more of these five statutory grounds, then you may be eligible to apply for asylum. If you are granted asylum, the you may apply for permanent residency one year from the date you were granted asylum.

In many cases, proving that you will be persecuted if you go back home is usually difficult to establish. You probably need to supply statements or testimony from friends, relatives, or co-worker. You also need to provide obejective evidence for your claim.

Your case can be denied if you commit a serious crime or if the conditions in your home country have changed so that you cannot show a reasonable fear of going back home or if you will not face persecution if you return to your homeland.

There are numerous grounds that would preclude the applicant from qualifying for asylum. For example, there is a one-year bar in which you must file for asylum one year from the time you enter the U.S., there is also a bar to asylum for certain criminal convictions and certain acts.

The case for an asylee and a refugee is very similar. The most significant difference is that an asylee applies while in the U.S., where a refugee applies outside of his or her homeland and also outside of the U.S.