Asylum: who can apply, and what to expect

Asylum is protection given by the United States to people who cannot safely return to their home country because of who they are or what they believe. This article gives a basic overview. Every asylum case is different, and the law is detailed. Talk to an immigration attorney about your specific situation before making decisions.

Who can qualify for asylum

To qualify, a person generally needs to show they have suffered past harm, or have a reasonable fear of future harm in their home country, because of:

• Race
• Religion
• Nationality
• Political opinion
• Membership in a particular social group

“Membership in a particular social group” covers a range of situations and is the area of asylum law that changes most often. This is an area where talking to a real immigration attorney makes a real difference.

The one-year deadline

In most cases, an asylum application must be filed within one year of arriving in the United States. There are exceptions — changed conditions in your home country, changed personal circumstances, or extraordinary reasons for missing the deadline — but the one-year rule is strict. If you are close to or past the deadline, talk to an attorney as soon as you can.

Affirmative vs. defensive asylum

If you are not in removal proceedings, you can apply for affirmative asylum by filing Form I-589 with USCIS. If you are in removal proceedings before an immigration judge, you apply for defensive asylum as a defense to deportation. The forms and the basic standard are the same, but the procedure is different.

What to expect

Asylum cases take a long time — months at minimum, often years. You may be eligible for a work permit (Employment Authorization Document, EAD) while your case is pending; check the current waiting period for EAD eligibility, which has changed multiple times in recent years.