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Asylum

ASYLUM 

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A discretionary grant of asylum may serve for the basis for attaining permanent resident status after one year, and asylum status lasts indefinitely.

 

Once granted, the noncitizen can't be removed anywhere. It also grants derivative status to family members, who can be petitioned in without a waiting period. It is not available to aggravated felons.


Asylum relief may be granted based a showing of a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a social group.


Well-founded fear

 

The noncitizen must have a subjective fear of persecution, which must be objectively reasonable-in conformity with what is known about conditions in the country from which relief is sought. This may be met where there is at least a 10% chance of actual persecution. The extent to which the fear is subjective depends on the listener-the same threat has different effects on war vets than on children. One must look at the background and all factors related to the alien; what she can reasonably endure and the emotional impact on her-the proclivities of the alien.

 

Social group and political opinion

 

Of the five protected grounds, particular social group and political opinion grounds generate the most issues. A particular social group may consist of immutable characteristics, associations so fundamental to a person's being that she shouldn't be forced to change them, or a past association which has become immutable through the passage of time.

 

Back to Immigration Law


 
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