Asylum is a form of protection that allows an individual to remain in the United States instead of being removed (deported) to a country where he or she fears persecution or harm. Under US law, people who flee their countries because they have been persecuted or because they fear persecution can apply for asylum. If they are granted asylum, this gives them protection and the right to stay in the United States. Those who are granted asylum are called asylees. To qualify for asylum, the applicant must be present in the United State or be seeking entry into the United States at a port of entry.
Applying for Asylum is different from seeking Refugee status. For more information on applying for refugee status, please visit Refugees . For more information on resettled refugees, please see the Rights and Duties of Refugees.
To be granted asylum, the applicant must demonstrate past persecution or a well-founded fear of future persecution based on one of the five protected grounds (race, religion, nationality, membership in a particular social group or political opinion).
The source of the persecution must be the government, a quasi-official group, or a person or group that the government is unwilling or unable to control. This is a crucial aspect that must be demonstrated in order to qualify for a grant of asylum.
Persecution is not specifically defined within the Immigration and Nationality Act. The courts have held that “a threat to life or freedom on account of race, religion, nationality, political opinion or membership of a particular social group is always persecution.” Persecution is usually physical but may also be emotional or psychological. The most recognized form of persecution is the infliction of serious physical harm, including confinement; kidnapping; torture; beatings; rape and sexual assault.
A well-founded fear of persecution is a fear that is objectionably reasonable given the circumstances.
In general, one must apply for asylum within one year of entry to the United States.
Contact us for representation on your asylum case.
The New Colossus
Not like the brazen giant of Greek fame,
With conquering limbs astride from land to land;
Here at our sea-washed, sunset gates shall stand
A mighty woman with a torch, whose flame
Is the imprisoned lightning, and her name
Mother of Exiles. From her beacon-hand
Glows world-wide welcome; her mild eyes command
The air-bridged harbor that twin cities frame.
“Keep, ancient lands, your storied pomp!” cries she
With silent lips. “Give me your tired, your poor,
Your huddled masses yearning to breathe free,
The wretched refuse of your teeming shore.
Send these, the homeless, tempest-tost to me,
I lift my lamp beside the golden door!”
Emma Lazarus
November 2, 1883