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Margaret's avatar

Great synopsis. Thank you 😊

Jack Beavers's avatar

You are welcome! Thank you for the encouraging reply.

Mary Runstadler's avatar

Jack an interesting conundrum about illegal people who cannot be deported. My concern is how do we know what illegals can pursue legal asylum! How about the criminal intent of the illegals. Thank you for your information.

Jack Beavers's avatar

So, a non-US citizen who has been granted "asylum" status can still have their asylum status terminated if they are found to have an undisclosed criminal history or are convicted of a "serious" crime in the US, among other factors.

Specifically (to quote from "Chapter 6 - Termination of Status and Notice to Appear Considerations" of US Citizenship and Immigration Services policies):

"USCIS may terminate asylum if USCIS determines that the applicant:

No longer meets the definition of a refugee;

Ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion;

Constitutes a danger to the community of the United States, if convicted of a particularly serious crime;

Committed a serious non-political crime outside the United States prior to arriving in the United States;

Is a danger to the security of the United States, including terrorist activity;

May be removed to a country (other than the country of the applicant’s nationality or last habitual residence) in which the applicant’s life or freedom would not be threatened on account of race, religion, nationality, membership in a particular social group, or political opinion, where the applicant is eligible to receive asylum or equivalent temporary protection;

Has voluntarily availed himself or herself of the protection of the country of nationality or last habitual residence by returning to such country with permanent resident status or the reasonable possibility of obtaining such status with the same rights and obligations pertaining to other permanent residents of that country; or

Has acquired a new nationality and enjoys the protection of the country of his new nationality."

(That's a mouthful, but I hope it answers your questions!)