Asylum is a protection granted by the United States government to foreign nationals fleeing from persecution based on race, religion, nationality, membership in a particular social group, or political opinion in another country. An individual who is granted asylum is authorized to live and work in the U.S. and can apply to adjust his/her status to permanent residence (green card) one year after he/she is granted asylum.
A Foreign national seeking asylum in the United States must file his/her application within one year of his/her arrival in the U.S. Individuals who entered the U.S. without being inspected by a United States Citizenship & Immigration Services (USCIS) officer at the U.S. border must demonstrate by clear and convincing evidence that their application for asylum was filed within one year of their arrival in the U.S. There are few exceptions where a late asylum filing may be accepted by the USCIS.
Applications for asylum are made either administratively, that is, to the USCIS or an immigration judge if the foreign national is already placed in a deportation or exclusion proceeding. In cases where the application is filed with the USCIS and the service does not recommend an approval of the asylum application, the case will be referred to an immigration judge for a determination of the applicant’s claim of persecution. A foreign national with a legitimate claim of persecution must adequately and convincingly present his/her case before the USCIS in order to stand a chance to be recommended for asylum approval.
DISCLAIMER: The information given in this website is intended as general information only and is not a substitute for the services of an immigration attorney in your specific case.