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What you need to know about Asylum and Refugee

“Everyone has the right to seek and to enjoy in other countries asylum from persecution”

– Article 14 of the Universal Declaration of Human Rights (1948)

“Any person who is outside any country of such person's nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. §1101(a)(42)(A), INA §101(a)(42)(A)

This statute explains that current laws are in place to protect individuals from forcibly being sent back to their country of origin if they would be in physical danger based on race, nationality, religion, or political affiliation. If these individuals have a credible fear of persecution, imprisonment, abuse, or potential death based on any of the aforementioned issues they may be eligible for asylum.

If you believe that you have come to the U.S.A. To flee persecution based on race, religion, politics, or dangerous wars it is very important that you act fast. Applicants who are seeking asylum are required to produce evidence that they were persecuted in their home country. Furthermore, if your home country has been struck by natural disaster, you may also be eligible for asylum under a Temporary Protected Status.

Things that may prevent asylum eligibility

  • Resettling into another country
  • Participation in the persecution of other people
  • Conviction of an aggravated felony
  • Failure to file within one year of last entry to the U.S.A. (Some exceptions may apply)
  • En route to the U.S.A you passed through a “safe third country” which has a bilateral agreement with the U.S.A. Thus far, this only includes Canada.
  • You are a terrorism or other danger to the security of the U.S.A.
  • Prior denial of asylum in Immigration Court

It is important to hire a competent immigration attorney to assist you in these matters. The lawyers are Duckworth and Ray, L.L.P. have years of experience and knowledge and are ready and willing to assist you.

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