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An individual generally must apply for asylum within one year of arriving in the United States.
Whether DHS is obligated to notify asylum seekers of this deadline is the subject of pending litigation.
In many cases, missing the one-year deadline is the sole reason the government denies an asylum application.
Credible Fear Individuals who are placed in expedited removal proceedings and who tell a Customs and Border Protection (CBP) official that they fear persecution, torture, or returning to their country or that they wish to apply for asylum should be referred for a credible fear screening interview conducted by an asylum officer.Those granted asylum have the opportunity to apply to live in the United States permanently, receive certain benefits, and be reunited with their family members.This fact sheet provides an overview of the asylum system in the United States, including how asylum is defined, eligibility requirements, and the application process. As a signatory to the 1967 Protocol, and through U. immigration law, the United States has legal obligations to provide protection to those who qualify as refugees.Asylum is a protection granted to foreign nationals already in the United States or at the border who meet the international law definition of a “refugee.” The United Nations 1951 Convention and 1967 Protocol define a refugee as a person who is unable or unwilling to return to his or her home country, and cannot obtain protection in that country, due to past persecution or a well-founded fear of being persecuted in the future “on account of race, religion, nationality, membership in a particular social group, or political opinion.” Congress incorporated this definition into U. The Refugee Act established two paths to obtain refugee status—either from abroad as a resettled refugee or in the United States as an asylum seeker.An asylee—or a person granted asylum—is protected from being returned to his or her home country, is authorized to work in the United States, may apply for a Social Security card, may request permission to travel overseas, and can petition to bring family members to the United States.