Legal Question in Immigration Law in Massachusetts

Re: Regarding Asylum

Asylum is a form of protection that allows individuals who are in the United States to remain here, provided that they meet the definition of a "refugee" Under the Immigration and Nationality Act ("INA") and are not barred from either applying for, or being granted asylum, and eventually to adjust their status to lawful permanent resident.

Pursuant to INA section 101(a)(42), a "refugee" is defined as:

(A) any person who is outside any country of such person's nationality or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself or herself of the protection of, that country 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; or

(B) in such circumstances as the President after appropriate consultation (as defined in section 207(e) of the Act) may specify, any person who is within the country of such person's nationality or, in the case of a person having no nationality, within the country in which such person is habitually residing, and who is persecuted or who has a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. The term "refugee" does not include any person who 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. For purposes of determinations under this Act, a person who has been forced to abort a pregnancy or to undergo involuntary sterilization, or who has been persecuted for failure or refusal to undergo such a procedure or for other resistance to a coercive population control program, shall be deemed to have been persecuted on account of political opinion, and a person who has a well founded fear that he or she will be forced to undergo such a procedure or subject to persecution for such failure, refusal, or resistance shall be deemed to have a well founded fear of persecution on account of political opinion.

To determine if you qualify for Asylum, please immediately contact one of our Immigration Attorneys for an in-depth consultation.