Asylum Fleeing Violence and Persecution
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If you fear returning to your county you maybe entitled to asylum and then residency. Remember most asylums must be filed within a year of your last entry.
Immigration asylum is a legal protection granted to individuals who are already in the United States or seeking entry at a port of entry, and who meet the international law definition of a "refugee".
Eligibility Requirements
To qualify for asylum, you must demonstrate a well-founded fear of past or future persecution in your home country. This fear must be based on one of five protected grounds:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
Filing Processes
There are three primary avenues for obtaining asylum in the United States:
- Affirmative Asylum: For individuals not currently in removal proceedings who are physically present in the U.S. (regardless of how they arrived). You must file an application within one year of your last arrival in the U.S..
- Defensive Asylum: For individuals who are in removal proceedings in immigration court. This usually occurs if you are apprehended without legal documents or if you are referred to a judge by U.S. Citizenship and Immigration Services (USCIS) after an initial screening.
- Credible Fear & Asylum Merits Interviews: If you are placed in expedited removal proceedings and express a fear of returning to your home country, you will undergo a credible fear screening. If you pass, your case may be retained by a USCIS asylum officer for an Asylum Merits Interview or referred to an immigration judge.
Application & Legal Resources
- How to Apply: Eligible applicants must file Form I-589 (Application for Asylum and for Withholding of Removal).
- Work Authorization: Asylee seekers are generally eligible to apply for an Employment Authorization Document (EAD) 180 days after their asylum application is properly filed and pending.
- Legal Representation: Asylum law is highly complex. For help finding accredited legal counsel, use the Department of Justice Recognized Organizations list.
Note: U.S. asylum laws, border policies, and entry rules are frequently updated. For the most current announcements and localized policy guidelines, visit the USCIS Asylum Information Center.
