Protection for people who fear returning home
If you are afraid to return to your home country because you were harmed or threatened there, U.S. law may protect you. Asylum lets a person who is already in the United States, or who arrives at a port of entry, stay here if they meet the legal definition of a refugee. Refugee status is the same protection for people who are still outside the United States.
These cases turn on detail: what happened, who did it, why, and what evidence supports your account. Usher Law Group helps people prepare and present asylum claims before USCIS and in immigration court, in English, Russian and Spanish.
Who may qualify
To qualify, you generally must show that you suffered persecution in the past, or have a well-founded fear of persecution in the future, because of at least one of these five grounds:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
Persecution can include serious physical harm, unlawful detention, threats, and other severe targeted mistreatment. The harm does not have to come from the government. Harm by a gang, militia or other group can count if the government is unable or unwilling to control it.
Some people are barred from asylum even if they fear harm, for example people who persecuted others, people convicted of certain serious crimes, people considered a security risk, and people who were firmly resettled in another country before coming here.
Asylum, refugee status and related protection
- Affirmative asylum. If you are in the United States and not in removal proceedings, you file Form I-589 with USCIS and attend an interview with an asylum officer.
- Defensive asylum. If you are in removal proceedings, you ask an immigration judge for asylum as a defense to removal. See our deportation defense page.
- Refugee status. Applied for from outside the United States, generally after a referral to the U.S. Refugee Admissions Program. Access depends on government program decisions, which have changed significantly in recent years.
- Withholding of removal and Convention Against Torture protection. Related forms of protection with a higher standard of proof and fewer benefits. They are not subject to the one-year deadline and can matter when asylum is barred. See withholding of removal.
The one-year deadline. You generally must apply for asylum within one year of your last arrival in the United States. Exceptions exist for changed circumstances and extraordinary circumstances, but they are narrow and you must file within a reasonable time. If you are close to or past one year, get advice right away.
How we help
- Listen to your full account and identify which protected ground or grounds apply.
- Check the one-year deadline, any bars, and whether you should also request withholding or Convention Against Torture protection.
- Prepare Form I-589 and a detailed written declaration in your own words.
- Gather supporting evidence: identity documents, medical and police records, witness statements, membership records and country conditions reports.
- Arrange certified translations for documents that are not in English.
- Prepare you for the asylum interview or for testimony and cross-examination in court, and appear with you.
- If the case is referred to court or denied, advise you on the next steps, including appeal.
What to bring to your consultation
- Passport, national ID, birth certificate and any travel documents
- Your I-94 record or other proof of the date you entered
- Any immigration notices, including a Notice to Appear
- Evidence of the harm or threats: photos, messages, medical reports, police reports, news articles
- Proof of membership in a party, church, organization or group, if relevant
- Names and contact details of people who witnessed what happened
- Information about your spouse and children, including where they are now
What happens after filing
- Biometrics. USCIS sends an appointment notice naming the location. Biometrics are usually taken at an Application Support Center.
- Interview or hearing. In an affirmative case, USCIS schedules an interview. In a defensive case, the immigration judge sets hearings. Your hearing location and attendance instructions depend on the court assigned to your case. Review your hearing notice and confirm current information through EOIR.
- Work permit. Asylum applicants may become eligible to apply for employment authorization after a waiting period. The rules and fees have changed recently, so we check the current requirements for each case.
- Family members. A spouse and unmarried children under 21 may be included in an application or, after a grant, petitioned for through a separate process with its own deadline.
- After a grant. Asylees can live and work in the United States and may apply for a green card after one year of physical presence following the grant. Refugees must apply for a green card after one year. A green card can later lead to citizenship.
- Travel. Asylees should obtain a refugee travel document before any trip abroad. Returning to the country you fled can put your status at risk.
To talk through your situation, contact Usher Law Group for a free initial consultation.
Frequently asked questions
What is the difference between asylum and refugee status?
Both protect people who fear persecution on account of race, religion, nationality, political opinion or membership in a particular social group. Asylum is requested from inside the United States or at a port of entry. Refugee status is requested from outside the United States.
Is there a deadline to apply for asylum?
Generally you must apply within one year of your last arrival in the United States. Narrow exceptions exist for changed or extraordinary circumstances. Withholding of removal and Convention Against Torture protection do not have this deadline.
Does the persecutor have to be the government?
No. Harm by a private group, such as a gang or militia, can qualify if your government is unable or unwilling to protect you, and the harm is connected to one of the protected grounds.
Can I work while my asylum case is pending?
Asylum applicants may be able to apply for a work permit after a waiting period set by regulation. The rules and fees have changed recently, so an attorney should confirm the current requirements for your case.
When can an asylee apply for a green card?
An asylee may generally apply for permanent residence after one year of physical presence in the United States following the grant of asylum, if still eligible.