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The asylum process offers individuals 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 qualification requirements for each.

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Asylum for Individuals Persecuted on Account of Race, Religion, Nationality, Membership in a Particular Social Group, or Political Opinion:

This is the most common form of asylum sought in the USA. 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:
Race: You have been targeted due to your racial background.
Religion: You have faced persecution because of your religious beliefs.
Nationality: Persecution is due to your nationality or belonging to a certain ethnic group.
Membership in a Particular Social GroupThis can encompass various groups such as LGBTQ+ individuals, women fleeing gender-based violence, or others with shared characteristics.
Political Opinion: Persecution arises from your political beliefs or affiliations
Withholding of Removal:

While similar to asylum, withholding of removal has 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 residency or citizenship but prevents your deportation to a dangerous situation.
Convention Against Torture (CAT) Protection:

If you can establish that you would be subjected to torture if returned to your home country, you might qualify for CAT protection. This is distinct from persecution and can encompass various forms of severe mistreatment or harm.

Qualification Requirements

While each type of asylum has its unique requirements, there are general eligibility criteria that applicants must meet:

Filing Deadline: You must apply for asylum within one year of your arrival in the United States, unless you can show changed circumstances or extraordinary circumstances that prevented timely filing.

Eligibility: You are not eligible for asylum if you have persecuted others, have been convicted of a serious crime, or pose a danger to national security.

Evidence: A successful asylum claim relies on credible and consistent evidence. This can include personal testimonies, expert opinions, country reports, and more.

Well-Founded Fear: You must demonstrate a “well-founded fear” of persecution, which means there is a reasonable possibility of facing harm if you return to your home country.

Find if you are eligible

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