Asylum

some notes about asylum

In order to qualify for asylum, you must show that you suffered persecution in the past, or that you have a well-founded fear of future persecution, and that the persecution is based on your race, religion, nationality, political opinion, or membership in a particular social group.

You must be present in the United States to request asylum. If you have never been in removal proceedings, your application is filed with the Asylum Office. If you are in removal proceedings, your application is filed with an Immigration Judge.

The one-year bar. Except in special cases, asylum applications will not be accepted if they are filed more than one year after you enter the United States. For this reason, it is important that you speak with an attorney as early as possible if you fear returning to your home country.

Withholding of Remova and CAT Relief.

If you are not eligible for asylum you may be eligible for other immigration benefits based on a fear of harm in your home country. Similar to asylum, withholding of removal is designed to prevent an individual from being removed to a country where his or her life or freedom is threatened. The standards for withholding of removal are higher than for asylum, but if you are not eligible for asylum – for example because of the one-year bar – you may still be eligible for withholding of removal. You may also apply for relief under the Convention Against Torture, or “CAT”. This form of relief is designed to prevent an individual from being returned to a country where he or she is likely to be tortured.

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