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Asylum - Frequently Asked Questions

16.

How does the US Immigration Judge or Asylum Officer determine if I am eligible for Asylum?

The Asylum Officer or Immigration Judge will determine if you are eligible by evaluating whether you meet the definition of a refugee. The determination of whether you meet the definition of a refugee will be based on information you provide on your application and during an interview with an Asylum Officer or at a hearing before an Immigration Judge.

The Asylum Officer or Immigration Judge will also consider whether any bars apply. You will be barred from being granted Asylum if you:

  • Ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion
  • Were convicted of a particularly serious crime (includes aggravated felonies)
  • Committed a serious nonpolitical crime outside the U.S.
  • Committed a serious nonpolitical crime outside the U.S.
  • Pose a danger to the security of the U.S.
  • Firmly resettled in another country prior to arriving in the U.S.
  • Have engaged in terrorist activity
  • Are engaged in or are likely to engage after entry in any terrorist activity. A consular officer or the Attorney General knows, or has reasonable grounds to believe, that this is the case
  • Have, under any circumstances indicating an intention to cause death or serious bodily harm, incited terrorist activity
  • Are a representative of:
  • A foreign terrorist organization, as designated by the Secretary of State under section 219 of the INA, or
  • A political, social, or other similar group whose public endorsement of acts of terrorist activity the Secretary of State has determined undermines U.S. efforts to reduce or eliminate terrorist activities
  • Are a member of a foreign terrorist organization, as designated by the Secretary of State under section 219 of the INA, or which you know or should have known is a terrorist organization
  • Have used a position of prominence within any country to endorse or espouse terrorist activity, or to persuade others to support terrorist activity or a terrorist organization, in a way that the Secretary of State has determined undermines U.S. efforts to reduce or eliminate terrorist activities
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