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Eligibility also includes meeting the refugee definition and merits a favorable exercise of discretion.","Answer",{"name":66,"@type":61,"acceptedAnswer":67},"What are the two paths to gain asylum?",{"text":68,"@type":64},"Affirmative asylum applies when the person is present in the United States and not in removal proceedings, filing directly with USCIS. Defensive asylum is pursued while in removal proceedings by filing in court at the Master Calendar hearing.",{"name":70,"@type":61,"acceptedAnswer":71},"What is the one-year bar and what can happen if I miss it?",{"text":72,"@type":64},"The toolkit states the asylum application must generally be filed within one year of the last entry into the United States, with some exceptions that still require filing within a reasonable time. 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It is solely for informational purposes. Nor does it substitute for consultation with a competent immigration attorney. Nothing in this presentation can create or imply any attorneyclient relationship.  \n􀁘 This toolkit is designed to inform you about the USCIS Asylum Program.  \n􀁘 For general information about Asylum, read the Guides. Read the Common Questions if you have a specific question.  \n􀁘 If you want to file Asylum, consult the Forms section and follow the instruction links for help preparing the forms you will need. Use the Checklists to follow all the steps in the process.  \n􀁘 The links under Court Information will tell you about the court that will handle your case, and if there is a nearby Self-Help Center, can get more help there.  \n􀁘 You are strongly recommended to always consult with competent counsel for any immigration matter. See the Find a Lawyer Section for assistance.  \nANSWERS TO COMMON QUESTIONS  \n􀁘 What is Asylum?  \n􀁘 The legal protection afforded by the United States government to a person who can demonstrate a “well-founded fear of persecution” based on race, religion, nationality, political opinion, or membership in a particular social group.  \n􀁘 What paths are there for Gaining Asylum?  \n􀁘 1. Affirmative: You are present in the United States and are not in Removal Proceedings. You will file directly with USCIS.  \n􀁘 2. Defensive: In Removal Proceedings. File in Court at Master Calendar hearing. **May need to file a motion to advance the hearing date in order to avoid the one-year bar.  \n􀁘  \nAm I eligible for asylum?  \n􀁘 Two Requirements: (1) meet the definition of refugee under INA § 101(a)(42) . (2) merit a favorable exercise of discretion.  \n􀁘 A refugee is someone who is unable or unwilling to return to and avail himself or herself of the protection of his or her country of nationality or, if stateless, country of last habitual residence because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.  \n􀁘 Am I a refugee?  \n􀁘 To be a refugee you have to have physically left your home country and now be physically present in the U.S. or a U.S. territory. You must also be unable or unwilling to return to your home country because of persecution.  \n􀁘 What does persecution mean?  \n􀁘 Persecution is a serious harm. Some examples are: beatings, rape, torture, psychological harm, economic harm, or harm over a long period of time.  \n􀁘 In addition, the persecutor must be motivated by one or more of the following grounds: Race, religion, nationality, membership in a particular social group, or political opinion.  \n􀁘 How do I know if I meet the definition of a refugee?  \n􀁘 1. Past Persecution: persecution has already happened in your past  \n􀁘 2. Well-founded fear: if persecution is likely to happen in the future  \n􀁘 Nexus: My past persecution or fear is on account of one of the five statutory grounds: political opinion, particular social group, religion, nationality and race.  \n􀁘 What could bar someone from Asylum?  \n􀁘 If the immigrant is a persecutor, has been convicted of a serious crime, has committed a serious crime outside the U.S. , is a danger to U.S. security, or has be","cbCaiadfDTOnBDSt","https://ap.wps.com/l/cbCaiadfDTOnBDSt","pdf",422253,47,"English","# Introduction\n## Disclaimer and purpose\n## How to use the toolkit\n# Answers to Common Questions\n## What is Asylum?\n## Paths for gaining Asylum (Affirmative/Defensive)\n## Eligibility: refugee definition and persecution\n## Bars to Asylum (including one-year bar)\n## What happens if asylum is granted\n## Can asylum be lost\n## Spouse and children coverage","[{\"question\":\"What is asylum and what does it require?\",\"answer\":\"Asylum is legal protection for a person who can demonstrate a well-founded fear of persecution based on protected grounds such as race, religion, nationality, political opinion, or membership in a particular social group. Eligibility also includes meeting the refugee definition and merits a favorable exercise of discretion.\"},{\"question\":\"What are the two paths to gain asylum?\",\"answer\":\"Affirmative asylum applies when the person is present in the United States and not in removal proceedings, filing directly with USCIS. Defensive asylum is pursued while in removal proceedings by filing in court at the Master Calendar hearing.\"},{\"question\":\"What is the one-year bar and what can happen if I miss it?\",\"answer\":\"The toolkit states the asylum application must generally be filed within one year of the last entry into the United States, with some exceptions that still require filing within a reasonable time. In certain defensive situations, a motion to advance the hearing date may be needed to avoid the one-year bar.\"}]","ASYLUM TOOLKIT - Information on the USCIS Asylum Program - Answers to Common Questions | PDF",1789839269]