The Immigration and Nationality Act provides for asylum for “any person who is outside any country of such person’s nationality, or, in the case of a person having no nationality, is outside any country in which such person last habitually resided, and who is unable or unwilling to return to, and is unable or unwilling to avail himself of the protection of that country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.” 8 U.S.C. § 1101(a)(42)(a).

Filing and Decision

Section 208 of the Immigration and Nationality Act provides that “any alien who is physically present in the United States…irrespective of such alien’s status, may apply for asylum…” The Attorney General “may grant asylum to an alien who has applied....in accordance with…this section if the Attorney General determines that such alien is a refugee.

Basis of the Statute

The United States acceded to the United Nations Protocol Relating to the Status of Refugees on November 1, 1968. This “Protocol” amended the Convention Relating to the Status of Refugees, first proposed in 1951 and entered into force in 1954.

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