ASYLUM AND REFUGEE

An asylum is a form of protection granted to foreign nationals who are already in the United States or at the border and who meet the definition of a “refugee.”

You may be eligible to apply for Asylum if you are already in the United States and are unable or unwilling to return your home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. There are two different ways to apply for asylum in the United States: the affirmative process and the defensive process. If you are not in removal proceedings, you may affirmatively apply for asylum through USCIS. If you are in removal proceedings, you may apply for asylum defensively in the immigration court. If you are granted asylum, you will be permitted to live and work in the United States. You will be able to petition to bring your spouse and children to the United States. Moreover, you will also be able to apply for green card one year after you are granted asylum.

It is important to note that you must apply for asylum within one year of your arrival in the United States. However, if you can show changed circumstances that materially affected your eligibility for asylum or extraordinary circumstances relating to the delay in filling within one year, you can still file for asylum.