Asylum

Who qualifies for asylum?

To obtain asylum, you must be considered a refugee. To be considered a "refugee," you must show two things: (1) that you have been harmed in your home country (2) because of your race, religion, political opinion, nationality, or membership in a political social group.

In other words, you must first show that you have been harmed, and secondly that the harm was because of one of the reasons listed above. The connection between the harm and the reason the harm was inflicted is perhaps the most important thing to consider when applying for asylum. If you have been harmed because of a reason other than your race, religion, political opinion, nationality, or membership in a particular social group, you would not meet the legal definition of a refugee. But if you can show that the harm you suffered was because of one of these reasons, then you would meet the legal definition of a refugee and be eligible for asylum in the United States.

What is membership in a particular social group?

Membership in a particular social group is a common basis for asylum, but it is the most vague of the five protected grounds. Race, religion, political opinion, and nationality are easier to identify. But membership in a particular social group is more nebulous. It means that you are part of a particular group of people sharing common characteristics that your society recognizes as a distinct group. For example, women who face and oppose genital mutilation are considered to have membership in a particular social group. Other examples include: homosexual men in Cuba who showed the Cuban government maintained files against them, and married women in Guatemala who are unable to leave an abusive relationship were found to be members of a particular social group.

Where do I apply for asylum?

You must apply for asylum in the United States. You must come to the United States to request asylum either by presenting yourself at the border or by submitting an application for asylum if you are already inside the United States. The law allows a person to seek asylum if they entered lawfully or unlawfully. The law specifically allows a person to turn themselves at the border and request asylum.

Can I apply for asylum from outside the United States?

No. You must be physically inside the United States to apply for asylum. You cannot apply for asylum in your home country. In some cases, you may request to be designated as a refugee outside the United States. For example, if you live in a refugee camp outside of your home country and have been designated a refugee, you can apply to enter the United States so that you can apply for asylum in the United States once you arrive in the country. But you cannot submit an application for asylum from outside the United States. You may be designated a refugee abroad, but you must request asylum inside the United States upon your arrival.

When must I submit my application for asylum?

You must submit your asylum application within 1 year of arriving in the United States using Form I-589, Application for Asylum and for Withholding of Removal. The 1-year deadline applies from the date of your last entry into the country. If you have had multiple entries, the last entry is the one that is taken into account for the 1-year deadline. If you do not submit an asylum application within the 1-year deadline, you can request that a late application be excused if there are extraordinary circumstances in your life that caused the delay or if there are changed circumstances in your home country.

If you miss the 1-year deadline, you can still submit Form I-589 anytime, but will only considered for Withholding of Removal, which is similar to asylum, but does not provide a legal status. It simply defers your deportation until it is safe for you to return to your home country, or until another country is willing to accept you, which, in practice, can be a long time and usually indefinite. Withholding of Removal allows you to remain inside the United States and obtain a work permit, but does not grant any legal status to a person. It just stops your deportation to your home country if there is evidence that you may be persecuted upon your removal from the United States.

What will disqualify me from obtaining asylum?

You may be ineligible for asylum if you have been firmly resettled in another country. For example, if you received some legal status in a third country or if you were offered asylum in another country, you may be ineligible for asylum in the United States because you have been firmly resettled in another country. There are exceptions to this rule, but you should anticipate it if you have lived in a third country that has offered you some type of legal status. You may also be ineligible if you have persecuted others in the past, if you are security danger, or if you have committed serious nonpolitical crimes.