We will use the United States as an example to explain the process.
To establish eligibility for asylum or refugee status under U.S. law (8 U.S.C. § 1158), the applicant must prove that they meet the definition of a refugee (under 8 U.S.C. § 1101). Generally, this means showing that they are either the victim of past persecution orthey have a well-founded fear of future persecution.
An asylum claimant must demonstrate persecution based on one of the five protected grounds:
. nationality, and
. membership in a particular social group or political opinion.
A person may apply for asylum if they are at a port of entry or in the United States. They may apply for asylum regardless of their immigration status and within one year of their arrival to the United States.
Generally, they cannot apply for asylum from outside of the United States.
Under a new (Trum administation) “Remain in Mexico” policy, the U.S. government will return certain asylum-seekers to Mexico to wait through the duration of their cases pending in the U.S. immigration court system.