Frequently Asked Questions
What are the requirements for asylum in the United States?
To qualify for asylum, you must demonstrate: (1) you have suffered persecution or have a well-founded fear of future persecution, (2) the persecution is based on one of five protected grounds โ race, religion, nationality, political opinion, or membership in a particular social group, (3) you filed your application within one year of arriving in the United States (with limited exceptions), and (4) you do not have certain disqualifying criminal convictions or other bars. The burden of proof is on the applicant, so strong documentation and legal representation are critical.
What is the one-year filing deadline for asylum?
You must file Form I-589 within one year of your last arrival in the United States. Two categories of exceptions exist: (1) Changed circumstances โ material changes in conditions in your country, changes in applicable law, or changes affecting your eligibility; and (2) Extraordinary circumstances โ serious illness or mental/physical disability, legal disability (being a minor), ineffective assistance of prior counsel, maintaining lawful status, or death of a family member. Filing even one day late without a qualifying exception can result in denial. Consult an attorney immediately if you are approaching or past the deadline.
Can I apply for asylum if I entered the U.S. illegally?
Yes. U.S. law explicitly allows asylum applications regardless of how you entered the country. Section 208 of the Immigration and Nationality Act states that any person physically present in the United States may apply for asylum, whether or not they arrived at a designated port of entry. However, the manner of entry may affect the procedural path โ those apprehended at or near the border may face expedited removal and a credible fear interview before being allowed to pursue their asylum claim before an immigration judge.
What counts as a "particular social group" for asylum?
A particular social group is a group of persons who share a common immutable characteristic โ something they cannot change or should not be required to change because it is fundamental to their identity. Examples that courts have recognized include: domestic violence survivors where the government cannot or will not protect them, LGBTQ+ individuals in countries where they face persecution, members of certain family units, former gang resisters, and certain gender-based groups. The definition continues to evolve through case law. An experienced asylum attorney can evaluate whether your group qualifies.
