The asylum process offers people the opportunity to find safety and build a new life in the United States. Below, you will find the various types of asylum available and the eligibility requirements for each.
Asylum for Individuals Persecuted for Reasons of Race, Religion, Nationality, Membership in a Particular Social Group, or Political Opinion.
This is the most common form of asylum sought in the US. To qualify, you must demonstrate that you have suffered persecution or have a well-founded fear of future persecution based on one or more of the following factors:
Although similar to asylum, withholding of removal carries a higher burden of proof. To qualify, you must show that it is ‘more likely than not’ that you will face persecution if returned to your home country. Unlike asylum, withholding of removal does not lead to a path to permanent residence or citizenship, but it does prevent your deportation to a dangerous situation.
If you can establish that you would be subjected to torture if returned to your home country, you may qualify for CAT protection. This is different from persecution and can cover various forms of ill-treatment or severe harm.
While each type of asylum has its own unique requirements, there are general eligibility criteria that applicants must meet.
The page explains that asylum is a form of protection that permits foreign nationals already in the United States — or arriving at a U.S. port of entry — to remain in the U.S. because they fear persecution in their home country on certain protected grounds
The page states that persecution must be on account of race, religion, nationality, membership in a particular social group, or political opinion.
The page says that generally the application must be filed within one year of the last arrival into the United States, unless the applicant qualifies for an exception due to changed circumstances or extraordinary conditions.
Applicants must complete and submit Form I‑589, “Application for Asylum and for Withholding of Removal,” to U.S. Citizenship and Immigration Services (USCIS) if using the affirmative process.
The page indicates that the applicant must be physically present in the United States or at a U.S. port of entry to apply for asylum.
The page distinguishes between the affirmative process (file with USCIS when not in removal proceedings) and the defensive process (apply in immigration court when already in removal proceedings).
According to the page, once asylum is granted the asylee may work legally in the U.S., apply for a green card after one year, and in many cases include spouse and unmarried children under 21 in their protection.
