Asylum

You may apply for asylum if you are in the United States regardless of your country of nationality or current immigration status. To qualify for asylum, you must show that you were persecuted or have a fear that you will be persecuted because of your race, nationality, religion, membership in a particular social group, or political opinion.

Eligibility for Asylum

Be physically present in the United States (it doesn't matter how you arrived) for less than 1 year from the date of your last arrival, unless you can show that you qualify for an exception to this requirement; and demonstrate that you were persecuted or that you are afraid you might be persecuted because of your race, religion, nationality, political opinion or membership in a particular social group.

You can include your spouse and unmarried children under 21 years old on your application. You can do this when you file your application, or at any time before we make a final decision on your case.

There are certain bars for asylum, such as certain crimes, that may difficult your case. The immigration attorney will explain those applicable to your case, if any.

If you are not eligible for asylum, you might be eligible for “withholding of removal,” which prevents the U.S. government from sending you to your home country during the time that your life or freedom may be threatened. You can ask for withholding of removal even if more than 1 year has passed since your last date of arrival to the United States. Withholding of Removal is adjudicated by the Immigration Court, and it does not include family members. 

If your asylum application is pending for more than 150 days, and no adjudication from the government or delays from the applicant happened, you may be eligible for seek work authorization. The immigration attorney can guide you through these steps.