Asylum is an incredibly complex area of immigration law, but also an incredibly humane one. A person who is within the United States or presents himself or herself to a border port of entry may make a claim for protection of the United States. No one’s story is ever the same as another’s, and it is important to fully understand the requirements before filing for asylum. Obtaining asylum depends on a number of factors, such as the specific country involved, age, religion, political affiliation and so much more. A successful asylum application allows an individual and his or her family to eventually obtain a green card and, if eligible, citizenship.

Requirements

Generally, in order to qualify for asylum, a person must show he or she is unable or unwilling to return to a home country, and unable or unwilling to avail himself or herself of the protections of that country, because of a well-founded fear of persecution on account or race, religion, nationality, membership in a particular social ground or political opinion. In most circumstances, an applicant must apply for asylum within one year of entering the United States. If an applicant does not apply within one year, he or she has to have a valid reason for the delay, or show changed circumstances after the fact. A few examples of changed circumstances may be political uprisings in your home country, new laws against sexuality, threats against your family, etc. Each element for asylum must be met, and general claims of fear (such as fear of violence in a home country) do not qualify a person for asylum. Asylum can be obtained one of two ways: affirmatively and defensively. Affirmative asylum involves applying for asylum and presenting a case before a U.S.C.I.S. Asylum office. There are only a limited number of asylum offices in the United States. Defensive asylum involves applying for asylum in Immigration Court and having a judge grant or deny the application. Either way requires a lot of time, effort, preparation and gathering as many documents as possible. These documents include:
  • Affidavits
  • Photographs
  • Police Reports
  • Medical Reports
  • Membership Cards
  • Country Conditions
  • News Articles
  • Maps
  • Expert Testimony

In addition, words such as “persecution,” “well-founded fear,” and “particular social group” have specific legal meanings. If an applicant does not qualify for asylum, he or she may still request Withholding of Removal or protection under the Convention Against Torture Act (CAT). While these two forms of reliefs do not lead to a green card, they do allow a person to remain in the United States and possibly obtain work authorization.

     It is important to speak to an attorney to preserve your claim and obtain the best results possible.

Located in Upper Darby, PA, I practice throughout the Greater Philadelphia Area. If you are located in suburban Bucks, Chester, Delaware, Lehigh, Montgomery ,York and Philadelphia Counties, or Atlantic, Burlington, Camden, Gloucester, Mercer or Ocean Counties, contact me today for a consultation regarding your or your loved one’s case today.