Asylum & Refugee Protection
If returning to your country would put you in danger, U.S. law may allow you to stay. Asylum cases are won on evidence and credibility, and they are governed by a filing deadline that catches many people out. The earlier we look at your case, the more we can usually do.
Asylum generally must be filed within one year of your last arrival. There are exceptions, but they are narrow. If you are close to that deadline or past it, speak to someone now rather than later — call (866) 369-0220.
What asylum is
Asylum is protection for people already in the United States who cannot safely return to their home country because of persecution. If it is granted, you may remain lawfully, work, travel with the right documents, and after a period apply for a green card and eventually citizenship.
It is not the same as refugee status, which is applied for from outside the country. Asylum is for people who are already here or arriving at the border.
Who qualifies
You must show a well-founded fear of persecution, and that the persecution is because of one of five protected grounds:
Race
Persecution directed at you because of your racial or ethnic background.
Religion
Harm because of your beliefs, your practice, or your refusal to follow a dominant faith.
Nationality
Targeting based on your country of origin, citizenship, or membership of a linguistic or ethnic group.
Political opinion
Actual or imputed political views — including opinions others assume you hold.
Particular social group
The most complex ground, and the one most often litigated. It has covered claims involving family membership, sexual orientation and gender identity, and survivors of certain forms of gender-based violence, though the law here shifts.
You also need to show the government is either behind the harm or unable or unwilling to protect you from those who are. Harm from gangs, cartels, or a violent partner can qualify, but only where that connection to a protected ground and to state failure is properly established. This is where most claims are won or lost.
“Persecution” means more than hardship
Poverty, general violence, or lack of opportunity, however genuine, are not by themselves grounds for asylum. What matters is targeted harm connected to who you are or what you believe. Many people have a real fear and a real case, but the case has to be framed in the terms the law recognises.
The one-year deadline
Asylum applications generally have to be filed within one year of your last arrival in the United States. This deadline is strict and it is the single most common reason otherwise strong cases fail.
There are two recognised exceptions: changed circumstances that materially affect your eligibility — conditions in your country worsening, or a change in your own situation — and extraordinary circumstances that explain the delay, such as serious illness, a legal disability, or ineffective assistance from a prior representative. Either must be raised with evidence, and the application must still be filed within a reasonable time.
Past the year? Still get advice.
Do not assume you are out of options. Even where the asylum deadline has passed, withholding of removal and protection under the Convention Against Torture have no such deadline. They are harder to win and offer less, but they can prevent removal to the country where you are at risk.
Affirmative and defensive asylum
There are two routes, and which one you are on changes how the case is run.
| Affirmative | Defensive | |
|---|---|---|
| Who | You are not in removal proceedings and apply on your own initiative | You are in removal proceedings and raise asylum as a defense |
| Decided by | A USCIS asylum officer | An Immigration Judge |
| Setting | A non-adversarial interview | A hearing with a government attorney cross-examining |
| If refused | The case is usually referred to Immigration Court, where you can present it again | Appeal to the Board of Immigration Appeals |
Withholding of removal and CAT protection
Where asylum is unavailable — because of the deadline, or certain bars — two related forms of protection remain.
Withholding of removal requires showing it is more likely than not that you would be persecuted. That is a higher standard than asylum. It prevents removal to that country and allows work authorization, but does not lead to a green card, does not allow international travel, and does not extend to family members.
Protection under the Convention Against Torture requires showing you would more likely than not face torture with the consent or acquiescence of public officials. It does not require any connection to a protected ground, which makes it available in some cases where asylum is not.
What makes a case strong
Asylum is decided mainly on two things: whether your account is credible, and whether it is corroborated. Both can be built.
- A clear, consistent declaration. Your own account is the backbone of the case. Inconsistencies between it, your application, and your testimony are the most common reason claims fail — often for people telling the truth about traumatic events they find hard to recount in order.
- Documents from your country. Police or medical reports, threats received, news coverage, court or party records.
- Country conditions evidence. Human rights reporting showing what happens to people in your situation, and that the authorities do not protect them.
- Expert declarations. A country expert or a psychologist can be decisive, particularly where trauma affects how a person recalls or describes events.
- Witness statements. From family, community members, or others with direct knowledge.
- Medical and psychological evaluations. Documenting physical scars or the psychological effects of what happened.
Not having documents is not fatal
People fleeing danger rarely leave with paperwork, and the law recognises that. A claim can be granted on testimony alone where it is detailed, consistent and credible. But where corroboration could reasonably have been obtained, an adjudicator can expect it — so it is worth gathering what can be gathered, early.
Including your spouse and children
A spouse and unmarried children under 21 who are in the United States can generally be included as derivatives on your application. If they are abroad, they may be able to follow once asylum is granted, through a separate petition filed within two years.
Ages matter here. A child who turns 21 while a case is pending can lose derivative eligibility, though protections exist in some circumstances. It is worth flagging children who are close to that age at the outset rather than discovering the problem later.
Work permits and timing
You cannot apply for work authorization at the same time as filing for asylum. You may apply once your case has been pending for a set period, and delays that you cause can stop that clock from running.
Timelines have shifted repeatedly in recent years and remain subject to change through litigation and rulemaking, so we would rather tell you where things stand at the time you ask than publish a figure here that may be out of date by the time you read it.
If asylum is granted — or denied
If granted, you may live and work in the United States, apply for a travel document, petition for a spouse and children abroad, and apply for a green card after one year. Citizenship becomes possible some years after that.
If denied, what follows depends on the route. An affirmative case refused by an asylum officer is usually referred to Immigration Court, where you present it again before a judge — a genuine second opportunity, not merely a review. A denial by a judge can be appealed to the Board of Immigration Appeals, and from there to a federal court of appeals.
Tell us what happened
Asylum cases turn on specifics. A conversation costs nothing and will tell you far more than any page can.
Frequently asked questions
Can I apply for asylum if I entered without inspection?
Yes. How you entered does not by itself disqualify you from asylum. What matters is whether you meet the requirements and filed within the deadline or fit an exception. Entering unlawfully can raise other issues in a case, but it is not a bar to applying.
Can I apply while I still hold a valid visa?
Yes. You do not have to wait for your status to expire, and applying does not require you to be out of status. If conditions in your country have changed while you have been here, that can also be relevant to the one-year deadline.
Will my family back home be told I applied?
Asylum applications are confidential. Information is not supposed to be shared with your home government, and disclosure is restricted by regulation. If you have specific fears about someone learning of your case, raise them with us directly so they can be handled carefully.
How long does an asylum case take?
It varies enormously — from months to several years — depending on whether the case is affirmative or defensive, which office or court handles it, and the backlog there. We can give you a realistic picture for your particular situation once we know where the case will sit.
Can I travel while my case is pending?
Leaving the United States while an asylum application is pending can be treated as abandoning it, and returning to the country you fled can seriously damage the claim. Do not make travel plans without speaking to your attorney first.
What if I was persecuted by a gang or a partner rather than the government?
These claims are possible but demanding. The harm has to be connected to a protected ground, and you generally need to show the authorities were unable or unwilling to protect you. The law in this area has shifted repeatedly, so an assessment based on where things currently stand matters.
Do I need a lawyer?
You are not required to have one. But asylum is among the more technical areas of immigration law, the government is represented in court, and the consequences of losing are severe. Studies consistently find represented applicants fare considerably better than unrepresented ones.
What if my case was already denied?
Depending on the stage, an appeal or a motion to reopen may be available, particularly where there is new evidence or conditions in your country have changed. Deadlines are short, so have the decision reviewed promptly.
This page is general information about asylum and related protection, not legal advice, and it does not create an attorney-client relationship. Asylum law changes frequently through regulation and court decisions, and eligibility depends entirely on the facts of your case. Past results do not guarantee or predict a similar outcome in any future matter. Please speak with a licensed attorney about your own situation.
If going home is not safe, let’s talk.
Consultations are free and confidential. You will get an honest assessment of your case, including if we think it is difficult.