Immigration Laws Regarding Asylum Seekers
Refugee or asylum seekers are the ones who have left their homeland and are in need of a shelter. The have the fear of persecution if they return to their homeland and that is why they want to get settled in other countries to protect themselves and their families from maltreatment upon returning. Politicians and other high-profile people are usually the victims of such persecution. Asylum seekers can either file an application with the INS when they enter the country where they want asylum or file an application with an immigration judge in a deportation/removal proceeding.
They want legal protection from the country they move to and to gain legal protection they have to meet some requirements which include that the asylum seekers should be outside their country of nationality, they should be afraid of persecution that includes torture and imprisonment, they should have the fear of being harmed or they should have been harmed by the government or others, and they should not be dangerous for the society. Otherwise they will be expelled by the country. Moreover, they should not be a threat to the national security of the country and they should not be criminals. If a person meets all these requirements, he or she is qualified to apply for immigration under the category of asylum seekers.
Sometimes the asylum seeking process is abused and misused by the people who want to come to United States or other countries and stay there as immigrants. These people are either criminals or they are a threat to the national security. So, some legal requirements are necessary to meet for asylum seekers in order to have their immigration application approved. Many refugees have found homes in the U.S. than any other nation and more than two million refugees are living in the U.S. as immigrants.
An alien who persecutes any individual of a certain race, political opinion, religion, nationality, or members of a certain social group is denied the status of a refugee by the United States. Moreover, the refugees who have already settled firmly in any other country are not given the status of a refugee as they can have the citizenship and permanent residence in the country they are living in. Other persons who are not eligible for asylum include those who have backed someone in persecuting others or who have been committed serious crimes or those are a danger to the national security of the United States. People who have resettled in another third country before coming to the United States are also not eligible for asylum.
To get immigration the asylums should prove that they are eligible for refugee status under the persecution provision. Tests are taken to determine the actual fears and it includes both subjective and objective tests. The subjective test determines that the refugee actually has a genuine fear of being persecuted and they should also show a history of fear they have gone through. In objective test the individual should provide evidence about the maltreatment that confirms that it can happen again if they will return to their homeland.