Asylum
Political Asylum
Asylum is an immigration status that is sought by a person upon entering the United States or by someone who is already physically present in the United States and who has been in the U. S. for less than one year. To receive a grant of asylum, a person must have a reasonable fear of persecution because of their race, religion, nationality, membership in a particular social group, or political opinion if they were forced to return to their country of last residence. It is important to contact a competent immigration attorney and explain to them why you are afraid of being persecuted if you were to return to your home country.
Asylum can be applied for affirmatively or defensively. If applied for as an affirmative benefit, it is an application which is filed through USCIS. If an individual is in removal proceedings, and seeks asylum as a defense to removal or deportation, then the application must be filed with the immigration court and it is the immigration judge who makes the determination.
Have you been persecuted in your home country?
If you have already been persecuted at home you may be considered a refugee under U. S. immigration law. You must establish that you have been harmed in your country or nationality or last habitual residence on account of your:
- Race
- Religion
- Nationality
- Membership in a particular group, or
- Political opinion
In addition, you must also be unwilling or unable to return home or avail yourself to the protection of your home country based on the past persecution.
Are you afraid to go home because of a well-founded fear of future persecution?
An applicant who has been harmed in the past, but who has a well-founded fear of future persecution may also be eligible for asylum in the Unites States. You must be able to establish that you have a well-founded fear of future persecution based on one of the above bases. You must also be either unwilling or unable to return to your home country where you fear persecution.
Benefits
- Immediate family members may also get asylum status as long as they were named on the alien’s asylum application even if they are not in the United States at the time that the application was filed
- Employment authorization for alien and immediate family members
- May be eligible to apply for lawful permanent residency after one year
More Information
The government does not charge a filing fee for an asylum application whether ir is filed affirmatively or defensively.
More Information
For more information, click on the link below to read what USCIS says about asylum:
If you fear persecution or have suffered persecution in your home country, please contact our office to schedule a consultation to speak with one of our attorneys.