Asylum

Overview

Protection for those who fear persecution

Asylum is available to individuals who are unable or unwilling to return to their home country because of past persecution or a well-founded fear of future persecution on account of race, religion, nationality, political opinion, or membership in a particular social group.

There are two paths: affirmative asylum, filed with USCIS by someone not in removal proceedings, and defensive asylum, raised as a defense before an Immigration Judge. In general, an asylum application (Form I-589) must be filed within one year of arrival, though exceptions exist.

Key elements of an asylum claim

• Protected ground harm tied to race, religion, nationality, political opinion, or social group.
• Well-founded fear a credible, specific fear of harm supported by evidence.
• One-year filing generally filed within one year of your last arrival.
• Corroboration country-condition reports, witness statements, and documentation.