Asylum claims are by people fleeing their home country and entering or requesting entry into the United States. They must apply for protection to avoid deportation to their originating country.

Asylum seekers migrate to the United States for protection after suffering from or fearing persecution due to issues related to:

  • Race
  • Religion
  • Nationality
  • Political opinion
  • Membership in a particular social group

To qualify for asylum as an asylum seeker, you must establish that you are a refugee and unable or unwilling to return to the country of nationality due to persecution or a fear of persecution.

Asylum Filing Process

An affirmative asylum application is when an individual files for asylum with USCIS after being allowed to enter the United States on a valid visa. The application process can be complex, and we recommend hiring an attorney for assistance. Someone already in the United States and applying for asylum following a K-1 visa application will generally have a smoother time entering the country.

To obtain asylum, you must be present in the U.S., meet a series of eligibility requirements, and file an application with USCIS within one year of arrival unless there are “changed circumstances” or “extraordinary circumstances” that delay filing. For more information, you may contact us.