Asylum

Asylum is available to people within the United States who fear persecution in their home country on account of race, religion, nationality, membership in a particular social group or political opinion. To qualify, you must show either past persecution or a well-founded fear of future persecution. Approval of your application is discretionary, which means that there is no guarantee that your application will be approved even if you demonstrate that you meet the basic requirements.
 

If you are not in immigration court proceedings…

you may want to learn more about the affirmative asylum process.

If you are not in immigration court proceedings, you may want to learn more about the affirmative asylum process. Before you submit your application, it is very important that you understand all of the requirements and what evidence is needed to win your asylum case. This is a very technical area of immigration law and you should make sure that you learn as much as possible before you apply. If your application is denied and you are still in a lawful immigration status, you will remain in that status. If your application is denied and you are not in a lawful immigration status, your case will be referred to the immigration court system.
 

If you are already in immigration court proceedings…

you may want to learn more about the defensive asylum process.

If you are already in immigration court proceedings, you may still be able to apply for asylum using the defensive asylum application process. If you do not qualify for asylum, you may be able to ask the immigration judge to consider you for withholding of removal or relief under the Convention Against Torture. It is very important that you understand what type of evidence is needed to win an asylum case in immigration court because in most cases you cannot add new information to your application if you appeal the immigration judge’s decision.
 

Asylum Frequently Asked Questions

“Do I need a Virginia immigration lawyer for my asylum case?”
“What happens if my asylum application is denied?”
“What happens if I lie on my asylum application?”
“Can I apply for asylum if I’ve been in the United States for more than one year?”
“What is withholding of removal?”
“If I have been granted asylum, can I get a green card?”
“Can I apply for asylum if I am not in the United States?”
 

Recent Asylum Articles

 

How long does it take to get a green card through asylum?

When you are granted asylum, you do not automatically become a permanent resident. But, when you are granted asylum, you will be able to lawfully remain in the United States as an asylee. You will also be able to get an Employment Authorization Document (EAD) or work card so that you can lawfully work in [...]

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What happens if my asylum application is denied?

One way to apply for asylum is referred to as an “affirmative” asylum application. This type of asylum application occurs when a person is in the United States, has not been arrested or referred to the immigration court and files an asylum application with the Department of Homeland Security (DHS) and not with the immigration [...]

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DC Area Asylum Statistics

Statistics related to the decisions made by immigration court judges in asylum cases between 2001-2006 may be of interest to anyone with a pending hearing at the Arlington Immigration Court or the Baltimore Immigration Court: Immigration Court Immigration Judge Number Decided Percent Denied Arlington Joan V. Churchill 733 76.9   Garry D. Malphrus 181 70.7 [...]

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Do I need to hire an immigration lawyer for my asylum case?

An asylum lawyer or immigration lawyer can increase your chance of a successful asylum application. As described in an American Bar Association report, in 2003, 39% of non-detained represented asylum seekers received political asylum. Only 14% of non-detained unrepresented asylum seekers were successful. Among detained asylum seekers, 18% of those represented by an asylum lawyer [...]

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Can You Still Apply for Asylum After the One Year Deadline?

Generally speaking, you need to file an application for asylum within one year of arrival in the United States. Are there any options if you don’t meet the one year deadline? There are two limited exceptions to the one year deadline for filing an asylum application: (1) Changed circumstances which materially affect an applicant’s eligibility [...]

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Divorce, Asylum and Applying for Your Green Card

Asylees often look forward to becoming legal permanent residents and obtaining their green card. Spouses of asylees who were granted derivative status also often look forward to becoming legal permanent residents and obtaining their green card. Derivative asylees who divorce their asylee spouse before being granted legal permanent resident status, however, may find the process [...]

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