Monday, November 26, 2018

U.S. Federal Law About Seeking Asylum - Politifact

https://www.uscis.gov/humanitarian/refugees-asylum
Asylum seekers must be within the United States to apply for the protection.

Asylum may be granted to individuals who have been persecuted or fear they will be persecuted on account of race, religion, nationality, and/or membership in a particular social group or political opinion, according to U.S. Citizenship and Immigration Services.

U.S. law says that in general, "any alien who is physically present in the United States, or who arrives in the United States (whether or not at a designated port of arrival and including an alien who is brought to the United States after having been interdicted in international or United States waters), irrespective of such alien’s status, may apply for asylum."

The key takeaway from the preceding paragraph is the phrase "physically present in the United States, or who arrives in the United States ..."  Therefore, asylum claims must be made within the United States.

A U.S. consulate or embassy is clearly outside the U.S., so you can’t apply for asylum at a U.S. consulate or embassy," said Stephen H. Legomsky, an emeritus professor at the Washington University School of Law in St. Louis who served as chief counsel of U.S. Citizenship and Immigration Services from 2011 to 2013.

The full article is available here