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Asylum decisions

People who have come to South Carolina from their home countries in order to escape persecution often have questions regarding the types of decisions a judge might make in their requests for asylum. Asylum is a type of status that allows the person to remain and work in the United States so the person may legally stay while being protected by the country's laws.

First, the applicant must apply for asylum. Upon receiving the application, if the asylum officer makes an initial determination that granting the request is in order, he or she will send the applicant a notice of recommended approval. The recommended approval is necessary for the person to be able to receive the clearances he or she will need. At this time, the asylum seeker as well as the family members listed on the asylum application may request employment authorization. Conversely, an initial determination may indicate the person's application should be denied. In that case, the person will be sent a notice of intent to deny. He or she will then have 16 days to send a rebuttal to the reasons listed and the application will then be either approved or denied.

If the the asylum officer ultimately approves the request, a grant of asylum will be issued which will allow the person to remain for an indeterminate amount of time. The government may end the asylum if the circumstances causing the individual's persecution ends in a way in which the person no longer needs protection or if the person has received protection from another country.

Asylum affords many people protection from such things as religious and political persecution in their home countries. People who are seeking asylum may benefit by seeking the help of an immigration attorney throughout the application and for any needed rebuttals or hearings.

Source: Findlaw, "Recommended Approval", December 16, 2014

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