Asylum

Under U.S. law, asylum may be granted to foreign nationals who are unable or unwilling to return to their home country because of persecution or a well-founded fear of persecution on account of:

• Race

• Religion

• Nationality

• Membership in a particular social group

• Political opinion

Who Is Eligible

Aliens who are currently in the U.S. for less than one year (with some exceptions)
Aliens who are currently in their home country. In both situations, the alien must be part of an eligible Asylum class (i.e. persecuted due to political affiliation, race, religion, gender, sexual orientation, social group affiliation etc.) If you are arriving in the U.S., you may ask for asylum at the port of entry (i.e. airport, seaport, border crossing, etc.) If you are already in the U.S. you or your attorney must prepare and file an application for Asylum and/or Withholding of Removal within a year of your arrival, whether you are residing in the country legally or undocumented. Some exceptions that allow you to file for asylum more than one year after arrival in U.S.

Family Benefits

Immediate family members may be eligible for asylum status with all its benefits such as work authorization, as long as they have been named in the alien’s asylum application; even if any family members are not present in the U.S. at the time the application is filed. This includes your spouse and unmarried children under 21 years of age.