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Simple English definitions for legal terms
asylum
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A quick definition of asylum:
Asylum is when a person goes to another country to be safe because they are being hurt or treated badly in their own country. This can happen because of their race, religion, nationality, being part of a certain group, or their political beliefs. People who are given asylum are called asylees. They can work and live in the new country and may be able to bring their family too. There are two types of asylum applications: affirmative and defensive. Affirmative is when a person applies on their own before they are in trouble with the law. Defensive is when they apply after they have been arrested or put in trouble with the law. If they can't get asylum, they may be able to get a different kind of help called withholding of removal.
A more thorough explanation:
Asylum is a type of protection given by a foreign country to people who are facing persecution in their home country because of their race, religion, nationality, membership in a particular social group, or political opinion. People who are granted asylum are called asylees. They can legally stay and work in the country that granted them asylum.
There are two types of asylum applications: affirmative and defensive. Affirmative asylum applications are filed by individuals on their own initiative before the initiation of removal proceedings. Defensive asylum applications are filed through immigration court and heard by an immigration judge.
For example, if a person from a country where their religion is not allowed applies for asylum in the United States and is granted asylum, they can legally stay and work in the United States. However, if their application is denied, they may be referred to the Department of Justice for removal proceedings unless they are legally staying in the United States.
Asylees can also bring their families to the country that granted them asylum. For instance, an asylee can include their spouse and unmarried children under 21 who are in the country on asylum applications when they file Form I-589 or before the final decision is made on their case.
Overall, asylum is a way for people who are facing persecution in their home country to seek protection in another country. It provides them with the opportunity to live and work in a safe environment.