Asylum

Asylum is a form of protection granted to individuals in the United States who have been persecuted or have a well-founded fear that they will be persecuted by the government of their home country, or a group that the government cannot control, on account of their race, religion, nationality, membership in a particular social group, or political opinion. Individuals who meet this definition and who have been in the United States for less than one year or who are seeking entry into the United States at a port of entry may qualify for asylum. Individuals who are granted asylum are eligible to apply to adjust their status to that of a lawful permanent resident one year after the grant of asylum. Individuals who have been in the United States for more than one year may still be granted asylum if there are changed circumstances in the country from which they seek asylum, or if exceptional circumstances prevented them from filing within one year.

Asylum-seekers may apply for asylum in the United States regardless of their countries of origin and regardless of their current immigration status. There are no quotas on the number of individuals who may be granted asylum each year. For additional general information about asylum, visit the USCIS website.

Individuals who are not eligible for asylum may still qualify for withholding of removal if they establish that it is more likely than not that they will be persecuted on account of their race, religion, nationality, membership in a particular social group, or political opinion upon returning to their home country.

RS represents individuals applying for asylum affirmatively with U.S. Citizenship and Immigration Services or as a defense to removal for individuals in removal proceedings, as well as in appeals to the Board of Immigration Appeals and to the U.S. Court of Appeals.

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