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Asylee and Refugee Adjustments
Both asylees and refugees may apply for permanent residence one year after they
are granted asylee or refugee status. The legal standards for obtaining asylee
and refugee status are the same, but refugees apply through a UN office outside
of the country while asylees apply within the United States. Asylees must usually
apply within one year of entry.
In order to prove that one is entitled to status as a refugee or asylee,
it is necessary to prove:
That the person was persecuted or has a well founded fear of persecution on account
of their race, religion, nationality, membership in a particular social group or
political opinion and
That they were unable or unwilling to avail themselves of the protection of their
country of nationality or country of last residence in the case of applicants having
no nationality and
That they are eligible for a favorable exercise of discretion and are not otherwise
barred from obtaining asylum.
In deciding whether to exercise discretion, asylum officers and Judges consider the moral
character of the applicant, including criminal convictions and fraud in entering the
country. Certain individuals are statutorily ineligible for asylum, including those
who have persecuted others, have committed serious non-political crimes or an aggravated
felony, have engaged in terrorist activity or who have already been resettled in a third
country. Such individuals may be eligible for withholding of removal or relief under the
Convention Against Torture, which require applicants to meet a higher legal standard
regarding their likelihood of persecution. Withholding of Removal and Convention
against Torture relief do not lead to permanent residence.
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