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Refugee and Asylum Procedures

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Affirmative Asylum Application

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The process by which individuals physically present in the United States may seek protection as asylum seekers.

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Defensive Asylum Application

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A form of seeking asylum that occurs in the context of removal proceedings before an immigration judge.

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Refugee Status

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A form of protection for persons who meet the definition of refugee and are of special humanitarian concern to the United States.

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Credible Fear Interview

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A preliminary screening for individuals who express fear of return to their home country, in the expedited removal process.

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Withholding of Removal

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Protection granted to individuals who can demonstrate a more likely than not chance of being persecuted in their home country.

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Convention Against Torture Protection

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This prevents the U.S. from returning individuals to a country where they are likely to be tortured.

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Asylum Officer

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A USCIS employee who conducts interviews and determines the eligibility for individuals applying for asylum.

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Immigration Judge

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An official who presides over court cases related to immigration, including those involving asylum applications.

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Removal Proceedings

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The legal process of determining whether or not a non-citizen may remain in the United States, including those seeking asylum defensively.

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One-Year Filing Deadline

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Asylum seekers must file their application within one year of their arrival in the U.S., subject to a few exceptions.

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