Conditions of Termination of Asylum Status

Conditions of Termination of Asylum Status

To be granted asylum status in the U.S., per INA §101(a)(42)(A); and title 8 C.F.R. § 1208.13(b), the applicant must prove the four elements of: (1) harm constituting persecution, (2) protected ground, (3) nexus, and (4) state action. The INA states that any noncitizen in the United States may apply for asylum. Specifically, the asylum applicant may claim based on their true scenarios of:

• Past Persecution or

• A Well-founded fear of future persecution or both

Revoking of Asylum Status or Barring from receiving asylum

Although the individual has been granted asylum in the U.S., their status can be revoked or can be barred from receiving asylum if the asylum applicants are found to be inadmissible for the following reasons such as:

• have engaged in terrorist activity

• are engaged in or are likely to engage after entry in any terrorist activity

• have incited terrorist activity

• are a representative of a foreign terrorist organization

• are a member of a terrorist organization

• have persuaded others to support terrorist activity or a terrorist organization

• have received military-type training from or on behalf of any organization that, at the time the training was received, was a terrorist organization

• are the spouse or child of an individual who is inadmissible for any of the above within the last 5 years

Limitations on travel outside the United States (for Asylee)

If an applicant who leaves the United States without first obtaining advance parole [under § 212.5(f)] can be presumed to have abandoned his or her application per title 8CFR § 208.8(a). In addition, an applicant who leaves the United States even though with advance parole [under § 212.5(f)] and returns to the country of claimed persecution can be presumed to have abandoned their application, unless the applicant is able to establish compelling reasons for such return.

Terminating of Asylum Status for Voluntary Re-availment

According to INA § 208(c)(2)(D), 8 U.S.C. 1158(c)(2)(D), if an alien applied for asylum on or after April 1, 1997, their asylum status may be terminated if it is determined that they have voluntarily availed themselves of the protection of their country of nationality or, if stateless, country of last habitual residence. Specifically, this section refers to the asylees who travel to the country of claimed persecution. This section states if the alien has voluntarily availed himself or herself of the protection of their country of nationality or, in the case of an alien having no nationality, the alien's country of last habitual residence, by returning to such country with permanent resident status or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country.

Removal when asylum is terminated

According to INA § 208(c)(3), and 8 U.S.C. 1158(c)(3), if an alien described above is subjected to any applicable grounds of inadmissibility or deportability under section 8 U.S.C. 1182(a) and 1227(a), and the Attorney General could direct to follow the removal procedures in accordance with sections 8 U.S.C.1229a and 1231.

Reference:

• INA §§ 208(b)(2)(A)(i), INA 241(b)(3)(B)(i); INA §§ 208(b)(2)(A)(ii), INA 241(b)(3)(B)(ii)

• INA §§ 208(b)(2)(A)(iii), INA 241(b)(3)(B)(iii); INA §§ 208(b)(2)(A)(iv), INA 241(b)(3)(B)(iv)

• INA §§ 208(b)(2)(A)(v), INA 241(b)(3)(B)(iv)

 Note: this information provided here is for general information and educational purposes only, and it does not constitute legal advice.