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Asylum Basics: Who Can Apply and What to Know About Deadlines

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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

  1. Seek help from a licensed immigration attorney or accredited representative as soon as possible.
  2. Keep identity documents and evidence of persecution.
  3. Write down detailed accounts with dates.
  4. Meet every deadline and attend all hearings.
  5. 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.

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