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The United States has long been viewed as a place of refuge for individuals fleeing from persecution and violence in their homeland. For people who fear serious harm if they return to their home countries, asylum offers the possibility of safety, stability, and a future free from fear. However, asylum is not granted automatically. U.S. immigration law sets strict legal and procedural requirements that determine who may qualify. As the consequences are so significant, understanding asylum eligibility rules and seeking guidance from an experienced immigration lawyer is critical to your case.
What is Asylum?
Asylum is a form of humanitarian protection granted by the U.S. government to individuals who have suffered persecution or who have a well-founded fear of future persecution in their home country. If asylum is granted, the individual is allowed to remain in the United States, obtain work authorization, and even apply for a green card after one year. Asylum also ensures that the persecuted individual will not be deported to their home country.
To qualify, the feared persecution must be connected to at least one of five protected grounds recognized under U.S. law: race, religion, nationality, political opinion, or membership in a particular social group. The harm may come directly from the government itself or from private individuals or groups that the government is not stopping their actions.
Who Can Qualify for Asylum?
To be eligible for asylum, an individual must first already be physically present in the United States or arriving at a U.S. port of entry. Asylum cannot be applied from outside the country prior to arrival. Applicants must show either documented history of past persecution or a credible fear of future persecution based on one of the (5) protected grounds.
Asylum law applies to adults, children, and families. Children can apply for asylum, either as dependents included on a parent’s application or by filing their own case if necessary. Families may apply together, and spouses and unmarried children under 21 can often be included as derivatives if asylum is granted.
Importantly, asylum is a protection available regardless of immigration status. People who entered without inspection, overstayed visas, or are already in removal proceedings may also still qualify.
The One-Year Asylum Filing Deadline and Exceptions
In most cases, asylum seekers are required to file their application within one year of their arrival in the United States. Missing this deadline can result in denial, however, U.S. immigration law recognizes limited exceptions in which an applicant can file after the one year deadline. For late applications, the applicant must demonstrate new or changed circumstances in their home country (that was not present or known in the one-year window.) Examples of changed circumstances may include a new political regime, new laws targeting certain groups, increased political violence, or extraordinary circumstances, including serious illness, disability, trauma, or ineffective assistance of prior counsel.
If you file a case after the one year asylum deadline, then you must understand that these exceptions are narrowly interpreted. Documentation is essential and an asylum lawyer will play a key role in proving that an exception applies.
How The Asylum Process Works
Asylum can be requested by filing the Form I-589, Application for Asylum and for Withholding of Removal, with U.S. Citizenship and Immigration Services (USCIS). There is no filing fee. After submission, applicants attend a biometrics appointment for fingerprints and background checks. Cases are either decided by USCIS through an asylum interview or referred to immigration court, where an immigration judge will decide eligibility. In court, asylum applicants must present testimony, supporting documents, and sometimes expert testimony or country condition evidence.
Contact CoxESQ, PC Immigration Law Firm for Asylum Assistance
Asylum law is complex and constantly evolving along with U.S. immigration reforms. Proving persecution, meeting deadlines, preparing evidence, and responding to government challenges require legal knowledge and strategic advocacy. As such, having a skilled immigration lawyer from CoxESQ, PC can help you present the strongest possible case, avoid costly mistakes, and protect your rights throughout the process.
For individuals and families seeking safety in the United States, asylum can be life changing. However, success depends on meeting strict legal standards and navigating a demanding system with care. Contact CoxESQ, PC today if you are fighting for your chance to stay in the U.S. free from persecution. We can help you qualify for asylum.