3 Mandatory Bars to Applying for Asylum

3 Mandatory Bars to Applying for Asylum

Untold numbers of people around the world live in constant fear of persecution. In order to escape these tragic circumstances and prevent further suffering for themselves and their loved ones, many will seek passage to the United States in hopes of starting a new, safe and secure life. For those who have already arrived on American soil, their best hope is likely to pursue asylum. Asylum is legal protection granted to foreign nationals who have reasonable cause to believe that if they return to their home country they will endure heavy persecution for one of the aforementioned reasons (race, religion, nationality, political opinion or membership in a particular social group… for more read our blog here ) . Whether an individual entered the United States illegally or is a refugee seeking to enter the US for protection purposes, asylum may be granted if the individual meets the requirements for application and approval. It is not easy to obtain asylum in the United States, and while there are many reasons asylum may be denied following the submittal of an application, there are also several factors which may disqualify you from eligibility to apply for asylum in the US in the first place. If you or someone you know are seeking asylum, please be aware of these 3 mandatory bars to submitting an asylum application. Firstly, individuals cannot apply for asylum if they can be removed from the United States to a safe third country with which the United States has a preexisting agreement or treaty. Secondly, one cannot have been previously denied asylum under any circumstances. Finally, those who have been in the United States for at least one year and failed to submit an application in that time have missed their window of opportunity to apply for asylum. The one-year mark is calculated from the date of the last time you arrived in the United States. However, under certain circumstances there may be exceptions made to the one-year requirement. Additionally, there are various exceptions for the other two mandatory bars as well. A skilled immigration attorney can advise you on your eligibility for such exceptions. Keep in mind that in order to apply for asylum you MUST also be physically present in the United States, or seeking entrance at a U.S. border entry point. If you are located outside of the US, you will need to either get here first, or apply for “refugee status” through a non-governmental process (e.g. through UNHCR) or sometimes through the US embassy or consulate nearest you. If you are in fear for your safety or the safety of your loved ones in your home country as a result of persecution, and you are considering applying for asylum in the United States, please contact Landerholm Immigration right away and let us guide you throughout the process.
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