What is Asylum?

If you are afraid to go back to your country or origin because you fear for your safety, there are legal ways to protect yourself. A common option is to apply for asylum. Asylum in the United States offers protection to individuals facing removal to a country where they have a well-founded fear of persecution based on their race, religion, nationality, political opinion, or membership in a particular social group. 

How do you qualify for asylum? 

To qualify for asylum, you must be

(1) Physically present in the United States 

(2) Apply within one year of your arrival

(3) You will need to prove that you have faced or will face persecution (a threat to your life or freedom) in your country of origin.

This threat of persecution must specifically stem from one or more of five protected grounds: race, religion, nationality, political opinion, and membership in a particular social group. Further details on these categories are provided below. 

Do asylum applicants need to hire a lawyer?

Obtaining legal representation can significantly raise your chances of achieving a successful outcome. The asylum process can be long and complicated, with possible delays, issues, and requests for more information. An asylum application can be denied solely based on an incomplete or inaccurately completed application (I-589 form). A lawyer can offer vital support, helping you through the process and making your application stronger right from the start. They can also accompany you to USCIS interviews or immigration court.

What happens if I get approved? 

If your asylum application is approved, you and any eligible family members included in your application will be able to stay and work in the United States. Eventually, you can adjust your status to that of a lawful permanent resident (also known as a green card).

Are there different types of asylum applications? 

Yes. There are two pathways to asylum in the United States: affirmative asylum and defensive asylum.

What is affirmative asylum?

If you are not in removal proceedings and apply for asylum, it is considered an affirmative asylum application. Individuals seeking affirmative asylum proactively apply for asylum protection through the United States Citizenship and Immigration Services (USCIS). 

What is defensive asylum? 

If you are in removal proceedings and apply for asylum, it is considered defensive asylum. In these situations, you are using asylum as a defense to your removal. You will have your case heard before an immigration judge.

What do I need to prove to be eligible for asylum?

As mentioned before, applicants must establish and prove that they can’t return to their country due to a fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. You can apply for asylum based on at least one of these protected categories or a combination of multiple. 

When you are applying for asylum, you will need to show substantial evidence that you fear persecution based on being part of one or more of the five protected groups listed above. When you submit your affirmative asylum application, it will include a written statement, supporting evidence, and you will typically be required to appear at an asylum interview, where you will be asked to describe your reasons for applying for asylum and expand on the information in your application. The more detail that you can provide about your experience, the better. When you are putting together your application, your goal is to explain your fear of persecution based on your membership in a protected group with as much detail, information, and specificity as possible. This means having specific dates, names, locations, and descriptions of events. Many asylum seekers also choose to describe the physical and psychological toll that this persecution has had on them, and their continued fear of returning to their country of origin.

"When you are applying for asylum, you will need to show substantial evidence that you fear persecution based on being part of one or more of the five protected groups listed above."

What would make me ineligible for asylum? 

You may be ineligible for asylum if you did not apply within one year of arriving in the United States or if you have a previous asylum denial. You will be completely ineligible if you have committed serious crimes, participated in the persecution of others, or are considered a security risk.

What happens if my asylum application is denied? 

If your asylum application is denied, you may still be eligible for other relief through your application for withholding of removal or under the Convention Against Torture. However, you also may be put into removal proceedings if your application is denied. In this case, you may be able to appeal the decision to the Board of Immigration Appeals. 

What evidence can I provide for my asylum application? 

There are various forms of evidence you can present with your asylum application, depending on the circumstances of your case. This can include affidavits (sworn statements) from witnesses to your persecution, medical records, police reports, published news stories, and broader published work on country conditions that can contextualize your experience. You can also provide psychological evaluations or have expert witnesses to attest to your experience of persecution. You can also present documentation and information proving your membership in certain social groups or political organizations. This is not a comprehensive list, and you should consult an attorney for more information on the necessary evidence for your asylum application. 

Can I include my spouse and children in my application? 

Yes. If your children and spouse are in the United States, you will be able to include them in your initial asylum application. If your spouse or children live in a different country, you can apply to bring them to the United States after you are granted asylum.

How long will it take for me to be granted asylum? 

After filing for affirmative asylum, it can take multiple years to have your case processed and approved. It can even take that long to be called for an interview with USCIS. If your case has taken an unreasonable amount of time to be processed, you may qualify for a mandamus lawsuit.