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OBTAINING ASYLUM IN NORTH AMERICA

OBTAINING ASYLUM IN THE UNITED STATES

The United States recognizes the right of asylum for refugees as specified by international and federal law. A specified number of legally defined refugees who are granted refugee status outside the United States are annually admitted under 8 U.S.C. § 1157 for firm resettlement. Other people enter the United States as aliens either lawfully or unlawfully and apply for asylum under section 1158.
There are 3 ways of obtaining asylum in the United States:
1. The affirmative process.To obtain asylum through the affirmative asylum process you must be physically present in the United States. You may apply for asylum regardless of how you arrived in the United States or your current immigration status.
2. An Asylum Merits Interview after a positive credible fear determination: If you are placed in expedited removal proceedings and indicate an intention to apply for asylum, express a fear of persecution or torture, or express a fear of return to your country, you will be referred to USCIS for a credible fear screening.
3. The defensive process: A defensive application for asylum occurs when you request asylum as a defense against removal from the United States. For asylum processing to be defensive, you must be in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR).
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OBTAINING ASYLUM IN CANADA
There are many reasons you may be interested in seeking asylum in Canada. Applying for asylum and moving to a new country can be a frightening and lengthy experience. However, it can be worth it if circumstances in your home country are unsafe or make it impossible for you to live a full life.
Who Qualifies for Asylum in Canada?
To qualify, you must show that there are a number of circumstances in your home country that make it dangerous for you to remain there. These include civil war, armed conflict, and human rights violations that have seriously affected you on a personal level. They may also include a threat of torture, death, or cruel or unusual punishment.
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SEEKING ASYLUM IN MEXICO

Mexico has adopted a broader refugee definition than the U.S. and grants a higher percentage of asylum applications. Recognized refugees in Mexico can access rights to work, healthcare, education, and family reunification.
Challenges to Mexican Asylum Seekers.
Recent U.S. policy changes, however, have overwhelmed the Mexican asylum system and pushed Mexico to militarize its southern border, leading to long wait times, poor-quality decisions, and high levels of detention and deportation without access to the asylum system. Legal barriers, including a bar to applications submitted more than 30 days after entering the country, further limit access to the asylum process. The legal and practical challenges within Mexico’s asylum system make clear that it cannot replace the U.S. role in refugee protection. Nonetheless, Mexico may offer better options for certain refugees who cannot find international protection in the U.S.
Who is protected by Mexico’s asylum law?
  • 1951 Convention Relating to the Status of Refugees Mexican Constitution, Article 11, guarantees the right to seek & receive asylum.
  • Cartagena Declaration: voluntary regional protection framework.
  • Law of Refugees, Political Asylum, and Complementary Protection (2011) and its implementing Regulation (2012)
  • Mexico has acceded to the 1951 Refugee Convention and its 1967 Optional Protocol, and signed the Cartagena Declaration, a nonbinding regional protection framework.
Who is considered an Asylum Seeker in Mexico?
  • Someone who cannot return to that country due to a well-founded fear of persecution on account of race, religion, nationality, political opinion, membership in a particular social group (1951 Convention categories), or gender (added by Mexican asylum law).
  • A person who has fled their country because their life, safety, or freedom was threatened by generalized violence, foreign aggression, internal conflict, massive human rights violations, or other circumstances that have gravely disturbed public order (Cartagena Decl.).
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