Migrants who come to the United States to seek asylum are legally present until their cases are heard and their asylum status is granted or denied. But a new Biden administration rule puts limits on who can seek asylum.
by parties who take opposite views: Some think it is too strict; others think it is too lenient.
People seeking asylum must prove in court that they have suffered persecution or have a reasonable fear of future persecution, and that the government in their home country cannot protect them, said Jaclyn Kelley-Widmer, an immigration lawyer and associate clinical professor of law at Cornell Law School.
"People who cross the border and express their fear of what is happening in their home countries are absolutely here legally," she said. Migrants who come to the United States to seek asylum are legally present here until their cases are heard and their asylum status is granted or denied. They do not have a permanent legal status while they wait, andduring their stay could lead to removal. If immigration authorities ultimately grant their asylum claims, the asylees can apply for a green card one year later.
People who present themselves to immigration authorities when they cross the U.S. border can be subject to expedited removal from the country during an initial interview, if they are determined not to have a credible fear of returning to their home countries. The new Biden rule states that people must have a
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