Asylum in the United States Who, What, Why, and How

Intro Who has been outside the United States? Where did you go? Were there any necessary tasks before your trip? Why did you leave the country? Why do people come to the United States?

How do people come to the U.S. Illegally Legally Born Here Visas Work visas: Day laborers or highly skilled Fiancé Students Refugees/Asylee

How do people Stay in the U.S.? Come with lawful permanent resident status (green card) Come with temporary status and switch to different status Claim asylum Marry a US citizen Switch from student to work visa

What is asylum? You are granted the right to stay in the United States because you were persecuted in your home country or have fear of persecution if they return to their home country.

Persecution “Persecuted” or “well founded fear of persecution” “Well founded fear”-a reasonable person in the asylee’s position would fear persecution (1/10 chance of persecution is enough) What is persecution? To pursue with harassing or oppressive treatment To oppress or harass with ill-treatment Intimidation, violence, threat of violence, torture, etc.

Who can persecute? Persecution must be from the government or people the government is unwilling or able to control Generally from organized groups Gangs, local organizations, etc

What grounds must an Asylum claim be founded on? Race/Ethnicity Ethnic cleansing in Darfur, Bosnia, etc Kurds in Iraq and Syria Religion Christians in some Muslim countries National origin Political opinion Speaking out against gov’t, thought to hold certain views even if unfounded, lack of free speech and thought Membership in particular social groups Family, sexual orientation, anything you could be identified with but have no control over

Asylum Process Get to the US (legally or illegally) and ask for asylum paperwork Interview with asylum officer They have to believe your claim. “Discretionary relief” If you are believed, you see an immigration law judge If granted asylum, you receive lawful permanent resident status (green card) Benefits of green card: right to work in the US and receive benefits like Medicare and Social Security