| A person physically in the United States, who expresses a fear of persecution on account of race, religion, nationality, political opinion, or membership in a particular social group, is eligible to apply for asylum. If a person receives a grant of asylum, he or she will subsequently be able to apply for adjustment of status (green card) a year and a day after the grant of asylum.
Asylum seekers must demonstrate the following:
- Be outside their country of nationality
- Be afraid of persecution by the government in the native country
- Be harmed or fear harm by parts of the government
- Be affected by at least one of several defined conditions
- Not be a danger to the community
Bars to Seeking Asylum
Even if you meet the above criteria for asylum, you may be barred from seeking asylum under certain circumstances. Some of the bars to asylum include but are not limited to:
- Conviction for a "particularly serious crime".
- Committed a serious nonpolitical crime outside of the United States.
- Poses a danger to the security of the United States.
- Engaged, ordered, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion.
It is important to note that if a person files a frivolous asylum application, the person will be permanently barred from seeking any form of discretionary relief in the United States, including adjustment of status, cancellation of removal, or voluntary departure. |
