Find a Safe Haven: Asylum in the United States

The Immigration and Nationality Act, passed in the early 1950s, is the basic U.S. law dealing with immigration. Initially it did not contain asylum procedures instead granting parole authority to the Attorney General. It was this mechanism that allowed political refugee cases to be addressed, however a more complete process was needed given the multiple incidents of immigrants seeking political asylum in US. Ultimately an amendment was passed providing for the basic asylum procedures still in place today.

Who Can Apply for Asylum?

In order to apply for asylum in the United States, the refugee must already be present, or in the process of arriving in the US. If a refugee needs to seek asylum upon arrival to the US, he or she needs to request it at a port of entry for legal immigrants. Legal ports of entry include seaports, border crossings, and airports. If the refugee is already residing in the US, whether legally or illegally, then he or she needs to file Form I-589 within a year's time of arriving in America. Immigration status does not affect one's ability to file Form I-589. Even those who are in the US illegally may fill out political asylum applications.

Change in Circumstances

While the Immigration and Nationality Act states that the refugee must apply for refugee status within a year of entering the US, there are exceptions to this rule. If there is a change in the circumstances affecting the refugee that makes them eligible to apply for refugee status after the year is over, they may be able to do so. If the circumstances in the refugee's home country change, making it no longer safe to return home, they may be eligible. Also, changes in the individual's personal life may also confer eligibility. Application must be made within one year of the change of circumstances.

Who is Considered a Refugee?

The definition of a refugee is found in Section 101 (a)(42) of the Immigration and Nationality Act. Here are some qualifications for a person to be defined as a refugee:

• Those who cannot or who are unwilling to return to their home country without being persecuted for such things as religious beliefs, race or nationality, political stance, or social status.
• Sometimes the President of the United States may state that those in certain countries are eligible for refugee status.
• If a person is going to be forced to have an abortion or undergo sterilization procedures against their will, this is considered persecution due to political opinion, and this person is considered a refugee.

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