RE: That’s not in the law. (nm)
Posted on: September 9, 2025 at 18:20:44 CT
90Tiger STL
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The Affirmative Process for Asylum Seekers
If you or a loved one meets the definition of a “refugee,” as outlined in the Immigration and Naturalization Act (INA 101(a)(42)), you will apply for asylum using Form I-589, Application for Asylum and for Withholding of Removal. You must do this within one year of your arrival unless exceptions apply.
Per the United States Citizenship and Immigration Services (USCIS), you can file Form I-589 only if you are:
Already physically present in the United States and are not a U.S. citizen
Located along the border of any port of entry into the country
There is no fee to apply for asylum. If you have a spouse and dependent children under 21 years old who are also physically in the United States, you can include them on your application until you receive a final decision about your application.
8 USC 1101(a) INA 101(a) (42) The term "refugee" means (A) any person who is outside any country of such person's nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, or (B) in such special circumstances as the President after appropriate consultation (as defined in section 1157(e) of this title) may specify, any person who is within the country of such person's nationality or, in the case of a person having no nationality, within the country in which such person is habitually residing, and who is persecuted or who has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The term "refugee" does not include any person who ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion. For purposes of determinations under this chapter, a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion, and a person who has a well founded fear that he or she will be forced to undergo such a procedure or subject to persecution for such failure, refusal, or resistance shall be deemed to have a well founded fear of persecution on account of political opinion.
Edited by 90Tiger at 18:24:09 on 09/09/25