Are people arriving by boat seeking asylum illegal?

Seeking asylum is not illegal In fact, entering without permission is the way most refugees find safety. Read more about Article 31 of the Refugee Convention .

Why would a person want legal status as a refugee?

A refugee is a person that is outside the United States and is seeking protection because they have suffered persecution or fear that they will suffer persecution due to race, religion, nationality, membership in a particular social group or political opinion.

Why would people be forced to leave their country?

There are many reasons why it might be too difficult or dangerous for people to stay in their own countries. For example, children, woman and men flee from violence, war, hunger, extreme poverty, because of their sexual or gender orientation, or from the consequences of climate change or other natural disasters.

What is the difference between asylum seekers and refugees?

An asylum seeker is a person looking for protection because they fear persecution, or they have experienced violence or human rights violations. A refugee is a person who asked for protection and was given refugee status. They may have been resettled in another country or be waiting for resettlement.

Is there a legal way to seek asylum?

To obtain asylum through the affirmative asylum process you must be physically present in the United States. You may apply for asylum regardless of how you arrived in the United States or your current immigration status.

How does self deportation work?

Self-deportation is an approach to dealing with illegal immigration, used in the United States and the United Kingdom, that allows an otherwise inadmissible person to voluntarily depart a country for which they have no legal ties to rather than face removal proceedings in front of the native court system.

Can you choose to be deported?

Because there is no option to choose deportation when you are accused of a crime, you must defend the case like anyone else would. That means hiring an experienced and skilled criminal defense lawyer who can analyze your case and explain what options you do have.

Can asylum seekers go back to their country?

It is only after an asylee becomes a U.S. citizen that he will be eligible for a U.S. passport. Asylees should also understand that until they obtain U.S. citizenship they cannot travel back to their countries.

Are asylum seekers stateless?

They are de facto stateless while the threat of persecution continues, and they need surrogate protection, which treaty and customary international refugee law have evolved to provide (see, e.g., Goodwin-Gill and McAdam 2007).

What is affirmative asylum processing with USCIS?

Affirmative Asylum Processing with USCIS. To obtain asylum through the affirmative asylum process you must be physically present in the United States. You may apply for asylum status regardless of how you arrived in the United States or your current immigration status. You filed within a reasonable amount of time given those circumstances.

When does the temporary final rule for asylum come into effect?

This rule is in effect through Sept. 18, 2021. For more information, please visit our temporary final rule page. The two ways of obtaining asylum in the United States are through the affirmative process and defensive process.

Can I apply for asylum based on my current immigration status?

You may apply for asylum regardless of how you arrived in the United States or your current immigration status. You filed within a reasonable amount of time given those circumstances.

What does an immigration judge do in a case of asylum?

Immigration judges hear defensive asylum cases in adversarial (courtroom-like) proceedings. The judge will hear arguments from both of the following parties: The immigration judge then decides whether you are eligible for asylum. If the immigration judge finds you eligible, they will grant asylum.