Asylum is a form of legal protection granted to individuals who have fled their home countries due to persecution or a well-founded fear of persecution. The United States offers asylum to those who meet specific criteria, allowing them to stay in the country legally and eventually apply for permanent residency. Understanding the basics of asylum can help individuals seeking safety navigate the complex legal process more effectively.
To be eligible for asylum in the U.S., an individual must demonstrate that they have suffered past persecution or have a well-founded fear of future persecution based on one or more of the following protected grounds:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
The persecution must come from either the government or a group that the government is unwilling or unable to control. General violence, crime and economic hardship typically do not qualify as valid grounds for asylum unless directly linked to one of the above-mentioned protected categories.
Applying for asylum
There are two primary ways to seek asylum in the U.S.:
- Affirmative Asylum Process
Individuals who are already in the U.S. can apply for asylum through U.S. Citizenship and Immigration Services (USCIS) by filing Form I-589, Application for Asylum and for Withholding of Removal. This must be done within one year of arriving in the country unless the applicant can prove changed or extraordinary circumstances. If the case is denied, the individual may be referred to immigration court for removal proceedings, where they can present their case again before an immigration judge. - Defensive Asylum Process
Individuals who are facing deportation can request asylum as a defense in immigration court. This typically occurs when a person is apprehended at the border or has been placed in removal proceedings after being denied affirmative asylum. In these cases, an immigration judge will hear the case and determine whether the applicant qualifies for protection.
With all of this said, because asylum law is complex and constantly evolving, it is important for applicants to seek guidance from an experienced legal team. A well-prepared case can significantly improve the chances of success and provide safety for those fleeing persecution.