The legal right granted to anyone seeking international protection from life-threatening dangers in their home country is called asylum. Every year, thousands of individuals requesting permanent safety through asylum are assisted by the United States. In the United States legal system, individuals apply to become an asylee or a lawfully recognized asylum seeker. Asylees can be classified into two categories based on removal proceedings: defensive asylum and affirmative asylum.
Defensive asylum is when an individual applies for asylum during removal proceedings. Affirmative asylum, when a person applies for asylum without being asked to leave the United States. Benefits of gaining asylum include eligibility for government programs such as Medicaid or Refugee Medical Assistance. Asylees can also work, apply for a Social Security card, leave the country, and request to bring family members to the United States.
If an individual is not granted asylum, there are other options. The first option is called Withholding of Removal. Though more challenging to be granted than asylum, individuals in this category can still live in the United States until a judge decides on their case. However, there are different limitations compared to an asylee. In this status, the timeframe of protection is unknown, and familial separation may occur. Individuals are allowed to work but are not allowed to leave the United States.
Another form of relief is called Temporary Protected Status. In this status, individuals from selected countries are offered protection temporarily, but the timeframe can be extended through another application process. Individuals of this status can travel outside of the United States and work as well. If you need additional resources, please contact our associates today to learn more about asylum or any alternative options.
Published by
Katiana Arnold
2024