Former immigration judge (IJ) Charles Jerome Ware is the author of the best-selling book, "THE IMMIGRATION PARADOX: 15 TIPS FOR WINNING IMMIGRATION CASES," ISBN: 978-1-4401-7192. The issue of asylum is discussed in the book in Chapter 9.
For further information or an initial courtesy consultation, contact him at Charles Jerome Ware, Attorneys & Counselors, LLC, a Maryland-based nationally-respected and highly-regarded immigration law firm: (410) 730-5016 or (410) 720-6129, or email, charlesjeromeware@msn.com.
What is Asylum?
For immigration purposes, Asylum is a form of protection granted by the Government to individual applicants or aliens in the United States who can establish that they have been persecuted in their former country, or have legitimate fear that they will be persecuted in the former country on account of their race, religion, nationality, membership in a particular social group, or their political opinion. Alien applicants who meet this definition of a refugee, and who are already in the United States at a legitimate port of entry may qualify for a grant of asylum and may be permitted to remain in this country for as long as they are not barred or prohibited from either applying for or being granted asylum. Those applicants who are granted asylum are also eligible to make application for adjustment of their status to that of lawful permanent residence.
There are effectively and practically two ways of gaining asylum in the United States. They are the "affirmative asylum process" through the United States Citizenship and Immigration Services (USCIS), and the "defensive asylum process" with the Executive Office for Immigration Review (EOIR). Both processes, of course, involve the filing of forms.
Either way, whether "affirmative" or "defensive," an alien or immigrant may apply for Asylum regardless of his or her immigration status; in other words, whether they are in the United States lawfully or unlawfully.
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