Block on Trump's Asylum Ban Upheld by Supreme Court
Former U.S. intelligence contractor and current fugitive Edward Snowden says he's seeking temporary asylum in Russia until he can arrange "safe passage" to a permanent new home in South or Central America.
Snowden has been offered asylum by Venezuela, Bolivia, and Nicaragua, reports Reuters. But it's not clear how he'll make it to one of those destinations.
If people like Edward Snowden can seek asylum from the United States, how can immigrants from foreign nations apply for asylum or refugee status in America?
What Is Asylum?
The U.S. Citizenship and Immigration Services (USCIS) will allow foreign persons either arriving in or already present in the United States to temporarily remain in the county to protect them from persecution.
Applying for asylum either occurs when a foreign national is physically at a U.S. port of entry (i.e., an airport, seaport, or border crossing) or within one year of arriving in the county.
Residents who are granted asylum can:
Proving Asylum Eligibility
In order to be granted asylum, a person must prove that they are in some way a political or social refugee (see 8 U.S.C. Section 1101(a)(42)) from their country of origin.
This can be proven by showing you have either suffered persecution in your home country, or that you have a "well-founded fear" that you will suffer future persecution due to your:
A foreign national will be denied asylum if she is either engaged in terrorist activity or is the spouse or child of a recent terrorist.
Refugees who have entered the United States illegally, however, are still eligible for asylum.
Asylum Decisions and Appeals
After making your refugee case and filing it, an asylum seeker will need to submit to an interview before a judge or immigration officer.
After the interview, an applicant for asylum will receive one of the following asylum decisions:
After a final denial of asylum, an applicant can appeal their case to the Board of Immigration Appeals and even to the federal Courts of Appeal, although it still might prove to be an uphill battle. An experienced immigration lawyer will be able to give you more specific advice and guide you through the process.