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The reason you have been (or will be) persecuted is connected to one of five things: your race, religion, nationality, membership in a particular social group, or your political opinion.
There are two paths to claim asylum in the U.S. The affirmative asylum process is for individuals who are not in removal proceedings and the defensive asylum process is for individuals who are in removal proceedings.
You will have a pending asylee status if you've applied for asylum and are waiting for a decision on your application. If you have pending asylee status, you are no longer unlawfully present in the U.S. Having this status means you are authorized to stay in the U.S., pending the outcome of your application.
To be granted asylum, a person must demonstrate that he or she is a \u201crefugee,\u201d that he or she is not barred from asylum for any of the reasons listed in our immigration laws, and that the decision-maker should grant asylum as a matter of discretion.
Who Is Eligible to Apply for Asylum? You may apply for asylum if you are at a port of entry or in the United States. You may apply for asylum regardless of your immigration status and within 1 year of your arrival to the United States. Extraordinary circumstances relating to your delay in filing.
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A defensive application for asylum occurs when you request asylum as a defense against removal from the United States. For asylum processing to be defensive, you must be in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR).
Serious illness or mental or physical disability, including any effects of persecution or violent harm suffered in the past, during the 1-year period after your arrival in the U.S.
Under U.S. law, you are expected to apply for asylum either within one year of your last U.S. entry or one year after your valid visa status expires.
Under U.S. law, you are expected to apply for asylum either within one year of your last U.S. entry or one year after your valid visa status expires. Unfortunately, if you have missed this deadline, you must also prove that there was a good reason for your late application for asylum in order to go forward.
To show your identity, include a copy of your passport, or other official documents such as your birth certificate, national identity card, or driver's license. The U.S. government expects that you can prove your identity, so make sure to provide some documentation.

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