Prior to 2002, we had Immigration and Naturalization Services (INS) in charge of refugees, green cards, amnesty agreements—the whole immigration shebang. Then President Bush launched the Homeland Security Act, and the INS disappeared. In its place grew the more serious-timbered Bureau of Citizenship and Immigration Services (BCIS), an agency built to handle all questions of political asylum and refugee status from 2002 onward.
The idea of political asylum is as old as Ancient Egypt, with laws of “sanctuary” in place since 511AD. Our modern concept of political asylum is not so different from its ancient predecessors. Political asylum allows people from one country to seek “asylum” or protection in another country if they fear persecution from their home country. This type of asylum is occasionally extended to suspected criminals as well, as in the case of France’s recent protection of Georgia’s former defense minister.
Those who are granted political asylum have the extra benefit of becoming eligible for a green card. Once a year has passed under asylum status, the protected individual can apply for a green card and become a permanent citizen.
Refugee status is similar to political asylum, but generally concerns a group of people who are seeking asylum. There is a limit on the number of people who will be selected for refugee status, so it is important to apply early if you are seeking this kind of protection.
For those who qualify for neither political asylum nor refugee status, there are two other options: temporary haven and amnesty. While temporary haven provides refuge for those who face dangerous conditions in their home country, it is still temporary. A person who is protected by temporary haven will not be able to apply for a green card. Amnesty, on the other hand, is for people who are already living illegally in the United States. Amnesty is occasionally granted to specific groups of people who live illegally in the US, providing them with the chance to gain legal citizenship.
In any case, it is usually in your best interests to speak with a qualified immigration attorney—especially if you are living in the country illegally. You can file your case at no cost by visiting our main site, www.legalmatch.com, or discuss your particular situation with others at our online Immigration Law Forum.
By Kate Beall
