Asylum

Asylum is a form of protection that allows individuals who are in the United States to remain here, if they have been persecuted in the past or have a well founded fear of persecution in his or her home country based on race, religion, nationality, political opinion or membership in a particular social group. Asylum applicants may apply for asylum even if he or she entered the US illegally or if he or she is in the US on an expired visa/I-94. Generally, asylum applicants must apply for asylum within one year of their arrival in the US but there are several exceptions which will allow the filing of an asylum application after one year. After the asylum petition has been pending for 180 days, the asylum applicant may apply for an EAD.

Once the asylum petition has been approved, the applicant is an approved asylee. An approved asylee may adjust his status to permanent resident (Green Card) and later obtain US citizenship.

Foreign nationals in the US who are unable or unwilling to return to their home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, or membership in a particular social or political group.

The burden of proof is on the applicant for asylum to establish that he has a credible fear of persecution. The applicant may qualify as a refugee either because he has suffered past persecution or because he has a well-founded fear of future persecution.

An applicant shall be found to qualify on the basis of past persecution if he can establish that he has suffered persecution in the past in his country of nationality or last habitual residence on account of race, religion, nationality, membership in a particular social group, or political opinion, and that he is unable or unwilling to return to or avail himself of the protection of that country owing to such persecution.

An applicant shall be found to have a well-founded fear of persecution if he can establish first, that he has a fear of persecution in his country of nationality or last habitual residence on account of race, religion, nationality, membership in a particular social group, or political opinion; second, that there is a reasonable possibility of suffering such persecution if he were to return to that country; and third, that he or she is unable or unwilling to return to or avail himself self of the protection of that country because of such fear.