Asylum refugees and migrants in the U.S.

Political Asylum: who qualifies and how to apply

Political asylum (commonly called asylum) protects people who fear persecution in their home country because of race, religion, nationality, political opinion, or membership in a particular social group. However, asylum is complex and time-sensitive — meet filing deadlines and gather evidence quickly to preserve your claim.

Who may qualify

Persons who can show a well-founded fear of persecution based on a protected ground.
Applicants can apply affirmatively with USCIS (if not in removal proceedings) or defensively before an immigration judge if placed in removal.
Special categories: survivors of political violence, LGBTQ+ individuals persecuted for identity, activists targeted for political speech, and members of oppressed minority groups.

Credible fear screening (urgent for detained people)

If detained on arrival or in expedited removal, request a credible fear interview immediately. A positive credible fear finding allows referral for full asylum processing. Therefore, state your fear clearly and truthfully at screening and ask for counsel where possible.

How to file (basic steps)

File Form I-589 (asylum application) within one year of arrival unless you can show changed circumstances or extraordinary reasons.
Gather evidence: personal affidavit, medical records, police reports, witness statements, country-condition reports, and photos/messages.
If filing affirmatively, prepare for an asylum interview with USCIS; if in removal, prepare for the defensive hearing before an immigration judge.
Request work authorization (Form I-765) once eligible.

Evidence that matters

Detailed personal statement describing persecutory incidents and reasons you fear return.
Corroborating documents: hospital/therapy notes, police reports, arrest records, photos, and threatening messages.
Witness declarations and expert or country-condition reports (HRW, Amnesty, U.S. State Department).
Organize exhibits with a clear index and short declarations that cite specific exhibit numbers.

Bars and complications

One-year filing deadline, with narrow exceptions for changed circumstances or extraordinary reasons.
Firm resettlement or safe third-country bars (e.g., if you previously obtained protection elsewhere).
Criminal convictions or national-security issues can bar asylum; consult counsel before filing.

The interview & hearing

Be truthful, consistent, and specific. Prepare concise testimony, practice answering cross-examination, and ensure every exhibit is referenced in declarations. Therefore, coaching and mock interviews often improve outcomes.

Possible outcomes & next steps

Approval grants asylum and a path to apply for a green card after one year.
Denial in affirmative cases often triggers removal proceedings and a defensive application; denials in court can be appealed to the BIA and federal courts.

FAQs

Can I apply if I entered without inspection?
Yes—entry method does not automatically disqualify you, but other bars may apply.

Will asylum let my family come?
Derivatives (spouse, unmarried children under 21) can be included if listed on the timely application or in some follow-up processes.

How we help

We provide urgent intakes, draft powerful personal statements, collect and authenticate evidence, prepare expert and witness declarations, coach clients for interviews/hearings, and represent clients at USCIS and immigration court. If you fear persecution, contact us immediately for a same-day intake and a prioritized evidence checklist.

Disclaimer: General information, not legal advice. Timing, rules, and eligibility depend on individual facts and current law.

These are refugees and asylum seekers. There are others who are looking for jobs or an education—they are usually called migrants