What is Section 208 of the INA?

The U.S. Citizenship and Immigration Services (USCIS) may grant asylum status only to someone who is physically present in the United States or at a port of entry. Asylum status is granted under Section 208 of the Immigration and Nationality Act (INA), pursuant to the Refugee Act of 1980.

What is the section 209 INA?

INA § 209 (8 USC § 1159)- Refugees shall, at the end of such year period, return or be returned to the custody of the Department of Homeland Security for inspection and examination for admission to the United States as an immigrant in accordance with the provisions of sections 1225, 1229a, and 1231 of this title.

What is the statute for asylum?

The Secretary of Homeland Security or the Attorney General may grant asylum to an alien who has applied for asylum in accordance with the requirements and procedures established by the Secretary of Homeland Security or the Attorney General under this section if the Secretary of Homeland Security or the Attorney General …

What is the basis of eligibility under the Immigration and Nationality Act INA for asylum?

An applicant shall be found to be a refugee on the basis of past persecution if the applicant can establish that he or she has suffered persecution in the past in the applicant’s country of nationality or, if stateless, in his or her country of last habitual residence, on account of race, religion, nationality.

How do I get asylum I-94 granted?

Explain to the agent who takes your call that an immigration judge granted you asylum, and you need an appointment with your local USCIS field office to obtain your I-94. You will need to have an email address so the USCIS agent can email you the appointment letter.

What is Section 207 of the Immigration and Nationality Act?

Section 207 of the Immigration and Nationality Act (INA) authorizes the Attorney General to admit refugees that are admissible. A. Justification. Section 207 of the Immigration and Nationality Act (INA) authorizes the Secretary, Department of Homeland Security (DHS) to admit refugees that are admissible.

Can I apply for asylum after 5 years?

In most cases, you can only apply for asylum within one year of when you entered the United States.

What are the types of asylum?

The right of asylum falls into three basic categories: territorial, extraterritorial, and neutral. Territorial asylum is granted within the territorial bounds of the state offering asylum and is an exception to the practice of extradition.

Can I apply for asylum after 3 years?

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.

What type of visa is asylum?

To apply for asylum, file a Form I-589, Application for Asylum and for Withholding of Removal, within one year of your arrival to the United States. There is no fee to apply for asylum.