Asylum is a form of protection that allows persecuted people to remain in the United States. If you fear returning to your country due to your race, religion, nationality, political opinion, or membership in a particular social group, you may qualify.
The One-Year Deadline: The Most Important Rule
You must apply for asylum within 1 year of your arrival in the US. If you arrived more than a year ago and haven't applied, there are limited exceptions (extraordinary circumstances or changed conditions), but they're difficult to demonstrate. If you arrived recently, this deadline is the most urgent thing to address. Don't miss this window.
Two Paths for Applying
"Affirmative" asylum is when you proactively go to USCIS to file the application while not in removal proceedings. "Defensive" asylum is when you apply for asylum as a defense in immigration court when already in removal proceedings. The affirmative process is generally faster and less adversarial.
The Five Grounds for Persecution
To qualify for asylum, your persecution (or well-founded fear of persecution) must be based on: race, religion, nationality, political opinion, or membership in a particular social group. The last ground, "particular social group", is the most complex and the most variable in how courts interpret it. Gang family members, domestic violence victims, and certain ethnic or religious group members may qualify under different categories.