Who qualifies for asylum
Asylum is protection for a person already in the United States who cannot return to their home country because they have suffered persecution, or have a well-founded fear of persecution, on account of one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group (INA section 208). If asylum is granted, you may live and work in the United States, petition for certain family members, and eventually apply for a green card.
The harm involved has to rise to the level of persecution and has to be connected to one of those five grounds. Establishing that link with credible testimony and supporting evidence is often the heart of an asylum case, and it is where careful preparation matters most.
The one-year filing deadline
In general, you must apply for asylum within one year of your last arrival in the United States (INA section 208(a)(2)(B)). There are exceptions, for example where conditions in your country have changed or where extraordinary circumstances delayed your filing, but these exceptions are applied narrowly. Because so much can turn on this deadline, it is important to speak with an attorney as early as possible.
Asylum can still be requested as a defense in immigration court. This is called defensive asylum, and it is one of the forms of relief the firm raises in deportation defense cases.
Affirmative and defensive asylum
There are two paths to asylum. In an affirmative case, a person who is not in removal proceedings files an application with U.S. Citizenship and Immigration Services and is interviewed by an asylum officer. In a defensive case, a person already in removal proceedings requests asylum before an immigration judge. The evidence you need is similar, but the setting, the timelines, and the strategy differ. The firm handles both.
Withholding of removal and protection under the Convention Against Torture
Some people do not qualify for asylum but still cannot safely be returned home. Two other protections may apply:
- Withholding of removal (INA section 241(b)(3)) prevents removal to a country where it is more likely than not that a person's life or freedom would be threatened on a protected ground. The standard of proof is higher than for asylum, but it has no one-year deadline.
- Protection under the Convention Against Torture applies where a person is more likely than not to be tortured if returned. It does not require a link to one of the five protected grounds.
These forms of relief are often requested together with asylum so that every available protection is on the table.
Preparing a strong asylum case
Asylum cases are won on preparation. Because the events that forced a person to flee are often personal and hard to document, credible and consistent testimony sits at the center of most claims, supported wherever possible by corroborating evidence: identity and country documents, medical or police records, news reports and country-conditions material, and statements from people who know what happened. The firm helps you tell your account clearly and truthfully, organizes the supporting evidence, and prepares you for the questions an asylum officer or immigration judge will ask. Small inconsistencies can be used to question credibility, so reconciling dates and details ahead of time matters a great deal.
If asylum is granted, you may work in the United States, and after one year you may apply to become a lawful permanent resident. Asylees should be careful about travel to their home country, because returning can raise questions about the fear that supported the claim. The firm advises on these steps so that a hard-won grant of asylum is protected.
Other humanitarian protections
Humanitarian immigration law is broad. Depending on your circumstances, other options may fit better than, or alongside, asylum:
- U-visas for victims of certain crimes who help law enforcement.
- VAWA self-petitions for survivors of abuse by a U.S. citizen or resident family member.
- Temporary Protected Status for nationals of designated countries facing conflict or disaster.
The firm reviews the full picture so you are pursuing the protection that gives you the best chance and the most stability.
Questions about asylum and humanitarian relief
Yes. How you entered the United States does not by itself bar an asylum claim. What matters is whether you meet the legal definition of a refugee and whether you file within the deadlines that apply to you. An attorney can review your entry and timeline and explain how they affect your case.
Missing the one-year deadline does not always end an asylum claim. The law recognizes exceptions for changed circumstances that affect your eligibility and for extraordinary circumstances that caused the delay. These exceptions are interpreted narrowly, so it is worth having an attorney assess whether one applies to you.
In many cases a grant of asylum can extend to a spouse and unmarried children under 21 who are included in your application or petitioned for afterward. Keeping the family together is often a central goal, and the firm plans for it from the start.
Asylum applicants may become eligible to apply for a work permit after their application has been pending for a required period set by law and regulation. The firm tracks that clock and files the work authorization request as soon as you qualify. See our employment authorization page.
Legal authorities referenced on this page
- INA section 208 (asylum)
- INA section 208(a)(2)(B) (one-year filing deadline and exceptions)
- INA section 241(b)(3) (withholding of removal)
- United Nations Convention Against Torture (implemented at 8 C.F.R. sections 208.16 to 208.18)
- 8 C.F.R. Part 208 (asylum procedures)
- U.S. Citizenship and Immigration Services (USCIS), Affirmative Asylum guidance
This page explains the law in general terms and is not legal advice. Immigration law changes and applies differently to each person's facts. Speak with an attorney about your own situation.