Asylum is available for most individuals who have a credible fear that they will be persecuted if removed to their home country based on their race, religion, nationality, membership in a particular social group, or political opinion.
An individual must apply for asylum within one year of entering the United States. The threshold question in any asylum defense is the credibility of the Respondent.
While testimony alone can be sufficient to win an asylum claim, generally corroborated evidence such as affidavits, documents, and country condition reports are necessary.
The benefit of winning an asylum claim is that you will not be deported, can receive employment authorization after 180 days, and eventually obtain a green card for yourself and your family.
Some individuals are not eligible for asylum including the following:
- Any alien that ordered, incited, assisted, or otherwise participated in the persecution of any person on account of race, religion, nationality, membership in a particular social group, or political opinion;
- Any alien that has been convicted of a particularly serious crime;
- Any alien who has committed a serious nonpolitical crime outside of the United States;
- Any alien where there are reasonable grounds to believe that the alien is a danger to the security of the United States;
- Any alien that has been involved in terrorist activity; and
- Any alien that was firmly resettled in another country prior to arrival in the United States.