Do I qualify for asylum in the United States?
To qualify for asylum, a non-citizen must meet two (2) main requirements:
- You are physically present in the United States
- You have a well-founded fear of persecution based on your race, religion, nationality, political opinion, or your being part of a particular social group
What counts as persecution?
Persecution means you have a well-founded fear that your life is in danger, you are at risk of serious bodily harm, or that your liberty and freedom is seriously threatened.
Persecution typically means state or government persecution—that is, government officials are the ones carrying out the persecution because of your race or political opinion, for example.
Can I apply for asylum if the government didn't harm me directly?
Yes, in certain cases.
To qualify for asylum if a private party or group is persecuting you and your family, you must prove that the government is aware of the persecution and is either unable or unwilling to control the persecuting private party.
Am I eligible for asylum if I was threatened but not actually physically harmed?
Yes.
Persecution doesn't require physical harm. You are eligible if you have a well-founded fear that the government is threatening your safety or liberty, and that the government is threatening you specifically because of your race, religion, nationality, political opinion, or social group.
Am I eligible if I could have moved to a different part of my native country?
Yes.
If a non-citizen can safely relocate to a different part of the country in which they will no longer face persecution, they must move there.
In other words, an immigration judge deciding your asylum application will determine whether internal relocation is safe and reasonable or whether persecution exists nationwide.
To determine whether internal relocation is reasonable, the immigration judge will look at the following factors:
- Your age
- Your health
- Your social and family ties in other areas of the country
- The political conditions in other areas of the country
Am I eligible for asylum if I have a felony conviction?
You are not eligible for asylum if you have been convicted of an aggravated felony in any state or federal court.
The INA classifies a long list of crimes as aggravated felonies. They include:
- Murder
- Rape
- Sexual abuse of a minor
- Distributing child pornography
- Child pornography (distribution)
- Prostitution crimes (managing, transporting, and trafficking)
- Firearm offenses (possessing, using, purchasing, selling weapons or firearms)
- Drug trafficking (manufacturing, distributing, or selling controlled substances)
- Burglary or theft crimes if you served a year or more in prison
Does my situation count as a particular social group?
A particular social group (PSG) consists of people who share a common immutable characteristic that is socially distinct within the rest of society
Examples:
- Sex / Gender
- Sexual orientation
- Family membership
In other words, a PSG must have discrete boundaries – it can't be amorphous or subjective.
“Wealthy Mexicans,” for example, is too subjective to qualify as a PSG. Same with “young El Salvadoran men.”
Can domestic violence persecution qualify for asylum?
Maybe, depending on the facts and the reasons for the domestic violence.
A female non-citizen can show persecution by showing that her country teaches men that women are property and not equal to men and that her husband abused her because she asserted her political views that men and women are equal.
In other words, the domestic violence flowed directly from the woman's political opinions, not just the interpersonal dynamics of their relationship.
What is the deadline for filing for asylum?
A non-citizen must file an asylum application within one year of your most recent entry into the United States unless an exception applies.
What are the exceptions to the 1-year deadline?
There are two main exceptions: changed circumstances and extraordinary circumstances.
Changed circumstances: You were not eligible to file for asylum when you first entered the United States but you are now
Example: Maria came to the United States from Guatemala on February 1, 2025. In March 2026, a violent civil war erupted in Guatemala, and the government started persecuting all members of Marie's social group nationwide. Maria may now be eligible to apply, even though she wasn't in February 2026.
Extraordinary circumstances: That is, something over which you had no control prevented you from meting the 1-year deadline.
Examples
- Mental or physical illness
- Ineffective assistance of counsel
- You timely filed your asylum application but it was returned because of same technical procedural error
If you meet one of these two exceptions, then you should apply within a reasonable time after (i.e., within 6 months of the exception).
How much does it cost to file for asylum?
There is a mandatory $100 initial filing fee plus a mandatory $100 annual asylum fee.
You cannot request a fee waiver from the immigration court.
What is the difference between affirmative asylum and defensive asylum?
You can apply for asylum affirmatively or defensively.
Affirmative Asylum: You can affirmatively request asylum by filing an application with U.S. Citizen and Immigration Services (USCIS).
Defensive Asylum: You may file defensively in immigration court if you have the Department of Homeland Security (DHS) has initiated removal proceedings against you. Put another way, your application is a defense against removal.
Can I include my spouse and children in my asylum case?
Yes.
Immediate family members who are present in the United States automatically receive asylum if you receive asylum. They include:
Your legal spouse
Your un-married children who were under 21 years old at the time you filed your asylum application
What happens if I my child turns 21 while my asylum application is still pending?
So long as your child was under 21 (and un-married) when you filed the petition, your child will receive asylum if the immigration judge grants asylum—even if your child is 21 or older when the case is over.
How long does the asylum process take?
By law, the immigration court must rule on your application within 180 days of the filing date. But in practice, given the delays, your case may take over a year if not longer.
Can I apply for asylum if I entered without a visa or crossed the border illegally?
Yes.
Under the Immigration & Nationality Act (INA), any non-citizen who is physically present in the United States can apply for asylum regardless of how you entered the country.
What evidence do I need to prove my asylum case?
At a minimum, you need to file a detailed written statement explaining why you have a well-founded belief that you have face and will face persecution in your native country. But you will also need to assemble as much documentary evidence as possible.
To prove that you have suffered past persecution, you will need the following (if applicable):
Declarations from family, friends, or neighbors
Copies of written communications (emails. text messages, letters, social media messages) from your persecutor
To show that you are likely to face persecution in the future in your native country, you will need to provide evidence about social and political conditions back home. You can rely on the following:
United Nations reports
Human Rights Watch reports
Amnesty International reports
U.S. State Department human rights reports
Newspaper / journalism articles
You may want to hire an expert to offer in-court testimony about political and social conditions in your native country. An expert is typically an academic or professional with experience and scholarly credentials
Do I need police reports or medical records for my asylum case?
Yes, in some cases. If you are alleging physical or emotional abuse based on your political opinions or gender, for example, police reports or medical records will be helpful.
Can I appeal a denial of my asylum application?
Yes.
You can appeal an immigration judge's denial ruling to the Board of Immigration Appeals (BIA). You must file an appeal within 30 days.
If you lose before the BIA, you may file a petition for review in the United States Court of Appeals, in the circuit in which the immigration court is located.
The Ninth Circuit hears all immigration cases that arise out of Washington, Oregon, Hawaii, and Alaska. The First Circuit hears all cases out of Massachusetts.
Will I be deported if I lose my asylum case?
Not necessarily.
You can request relief under the United Nations Convention Against Torture (CAT), if you reasonably believe you will be tortured if forced to return to your native country.
You can seek CAT relief in the same application in which you apply for asylum.
You can also apply for voluntary departure from the United Staes. As the name suggests, you can leave the country at your own expense to avoid a final removal order.
If you receive voluntary departure and leave when you are supposed to leave, you are not barred from legally reentering the country.
Can I get a green card after asylum?
Yes.
One year from the date an immigration judge grants you asylum, you can file an application for an adjustment of status to become a lawful permanent resident (LPR) (commonly known as “green card” status).
It typically takes about a year to receive LPR status after you apply. Keep in mind that USCIS does not have to grant you LPR status, but it generally does.
When can I apply for U.S. citizenship?
You can apply to become a U.S. citizen 5 years after you receive LPR status.
