Seeking Protection from Harm in your Home Country

Asylum is frequently in the news, and there are a lot of rumors and misinformation out there about what asylum is and the process for obtaining it. In reality, the process is long and complicated, and it is highly advised that you consult with an experienced attorney if you are thinking about pursuing an asylum claim. 

There are two types of asylum claims: affirmative and defense. Affirmative asylum is for those who are in the United States but have not been placed into the removal (i.e. deportation) proceedings at the Immigration Court. When you apply for asylum affirmatively, your application goes to USCIS for review. You will be placed on a waiting list to be scheduled for an interview, which can be anywhere from a few months to several years.

At the interview, you will have the opportunity to explain to the officer why you are afraid of returning to your home country. The examiner will ask you questions about your life in your home country as well as here in the United States, including any criminal history. The Asylum Officer will then either approve your application or refer your case to the Immigration Court. 

Asylum is a status available to those who meet the definition of a “refugee” according to the 1951 Refugee Convention. In other words, those who are afraid to return to their home country because they fear will suffer persecution on account of their race, religion, nationality, political opinion, or membership in a particular social group.

Seeking asylum is available to anyone, regardless of how you entered the country. Generally, you must apply for asylum within one year of your entry, however, certain exceptions to this rule may apply. If you win your case and are granted asylum by the Asylum Officer you will become eligible to apply for lawful permanent resident status.