Asylum protects people who fear persecution in their home country. The law is complex, and cases depend on specific facts and evidence. This is a general overview only.
Who may qualify
A person must generally show past persecution or a well-founded fear of future persecution on account of race, religion, nationality, membership in a particular social group or political opinion. The persecutor is usually the government or a group the government cannot or will not control.
Key points
- Applicants must generally apply within one year of arriving in the United States, with limited exceptions.
- Asylum can be requested affirmatively with USCIS or defensively in immigration court.
- Evidence and consistent testimony are crucial.
- Related protections include withholding of removal and protection under the Convention Against Torture.
Practical steps
- Seek help from a licensed immigration attorney or accredited representative as soon as possible.
- Keep identity documents and evidence of persecution.
- Write down detailed accounts with dates.
- Meet every deadline and attend all hearings.
- Beware of anyone who sells fake asylum applications.
Free and low-cost help
Many nonprofit organizations provide free legal help to asylum seekers. The immigration courts publish lists of free legal service providers.
Frequently asked questions
Can I work while my case is pending?
Eligibility for work authorization depends on timing and rules, so ask a qualified advisor.
Is asylum the same as refugee status?
Both protect people at risk, but refugees apply from outside the United States.