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Who Is Eligible for Asylum or Refugee Status?

a sad woman looking out the window

The United States grants asylum and refugee status as legal protections to people who have left their home country for their safety. Asylum and refugee status are available only to people we aren’t’ able to relocate to a safe location in their own home country. Our Miami immigration attorneys explain what is needed to be eligible for asylum or refugee status.

The Difference Between Asylum & Refugee

The difference between asylum and refugee is where you are when you apply for legal protection. People outside of the U.S. must apply for refugee status through the U.N. High Commission for Refugees. However, they aren’t allowed to select which country they would like to receive legal protection from. People who have already made it to the U.S. border or they have entered the U.S. with a visa, or illegally, they can apply for asylum status.

Applying for asylum has become more and more challenging under the Trump Administration. The Trump administration created the policy “Wait in Mexico,” which doesn’t grant people asylum to the U.S. if they can receive it in Mexico. The administration has also made it difficult for people to receive an asylum status with the spread of COVID-19.

Am I Eligible for Asylum or Refugee?

To obtain asylum or refugee status under the U.S., you need to prove that you are the victim of past persecution or that you fear for future persecution. You need to have evidence of past persecution in your home country.

Below are five legal ground that your persecution must be based on:

  • Race
  • Religion
  • Nationality
  • Political opinion
  • Membership in a social group

Proving that your persecution is based on one of the five social groups is challenging. For such reasons, it’s vital to have an experienced immigration attorney on your case who can help you demonstrate that you are eligible for asylum status.

If you need guidance with your asylum or refugee status, contact our Miami immigration attorneys today at (305) 858-2323 to schedule a virtual consultation!

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