lovelyguy62 said:
i'am in canada not in the usa now but i will be leaving canada soon so i have to send the application before i go! right? and please if you know the name of of the application and how could i get it!
In my understanding, you can not apply for asylum or refugee status while outside the U.S.
If you are outside the U.S and planning to ask for asylum you must do it at the port of entry to the U.S. When you go to the US immigration booth at the airport or seaport, you tell the officer that you want to apply for asylum.
Then, he will take you to "
secondary inspection" to verify if your document are fake or not and to also ask you about your persecution. If you convice that low level immigration officer that you really have a legitimate persecution then you will get a "
credible fear interview"
On that interview (usually withing 24hrs) the asylum officer determines if there exists a "significant possibility" that the asylum seeker's fear of persecution is "credible." A positive finding takes the applicant out of the
expedited removal process and entitles him to an asylum hearing before an immigration judge at a later date.
The judge will approve or deny the petition, and he may also release you from detention. If the judge approves your case you will be granted "
REFUGEE STATUS" since you applied for asylum at the port of entry.
You can have all the application forms ready (I-589) But you will have plenty of time to fill it out. Be aware that you may be in detention for a few days before you can see a judge. If you can hire a lawyer in advance or know a lawyer THAT YOU CAN TRUST in the U.S port of entry city that you plan to enter the US would be very helpful to you. BIG MISTAKES happens on those low level asylum interviews and those mistakes can led you to expedite removal and deportation withing hours or days.
BE ALSO AWARE that US immigration officers may deny your asylum since you have had the possibility of requesting asylum in Canada
(Third Safe Country Law) and they may return you to Canada to ask for asylum there first.
If Canada already denied you asylum, your chances of getting asylum in The US are very very slim.
For more info click here:
http://www.wcl.american.edu/hrbrief/v6i2/asylum.htm
Good Luck...