Asylum & Refugees
Asylum Services: Protecting Your Right to Safety
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What is Asylum?
Asylum is a form of protection granted to individuals who have fled their home countries due to a well-founded fear of persecution. This fear must stem from their race, religion, nationality, political opinion, or membership in a particular social group. Asylum seekers should apply for asylum status within one year after entering the United States.
The key difference between a refugee and an asylee lies in where they seek protection:
Refugee: Applies for protection from outside the U.S., typically through a U.N. or government program, before being granted entry.
Asylee: Seeks protection after entering the U.S. or at the border, applying for asylum within the country.
What are the requirements to petition for Asylum?
Fear of Persecution
You must demonstrate a well-founded fear of persecution in your home country based on race, religion, nationality, political opinion, or membership in a particular social group.
Application Deadline
You must file your asylum application (Form I-589) within one year of your arrival in the U.S., unless you qualify for an exception due to changed circumstances or extraordinary conditions.
Ineligibility for Safe Third Country or Firm Resettlement
If you passed through a country where you could have safely sought asylum or were firmly resettled in another country, your application may be denied unless you meet specific exceptions.
Uncertain whether you are eligible for asylum?
Let our experienced immigration attorneys guide you through the asylum process.
No Serious Criminal Record
Certain criminal convictions, including aggravated felonies, may disqualify you from asylum eligibility.
Frequently Asked Questions
Refugees apply for protection from outside the U.S., usually through international programs, while asylum seekers request protection after arriving in the U.S. or at a port of entry. Both statuses are for individuals fleeing persecution.
You must show a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Additionally, you must apply within one year of arrival unless exceptions apply.
To apply, you must file Form I-589, Application for Asylum and for Withholding of Removal. An immigration lawyer can help ensure your application is complete and supported with the necessary evidence.
If denied by U.S. Citizenship and Immigration Services (USCIS), your case may be referred to immigration court, where you can present your claim again before a judge. If the judge denies it, you can appeal the decision.
You may apply for a work permit (Employment Authorization Document) if your asylum application has been pending for at least 180 days without a decision.
Yes. Both asylees and refugees can apply for a green card after their asylum application is approved and they have been in the U.S. for one year. Refugees apply directly, while asylees must maintain their status for a year before applying.
Yes. A spouse and unmarried children under 21 can be included as dependents in your asylum application. If granted asylum, your family may receive the same protection.
Certain serious crimes, like aggravated felonies, may make you ineligible for asylum. An immigration attorney can help assess your situation and explore other options, such as withholding of removal.
Processing times can vary, ranging from months to years, depending on case complexity and USCIS or court backlogs. An experienced lawyer can help expedite your case and keep it on track.
Ready to start the asylum process? We’re here to protect your right to safety and freedom.
