Potts Martinez
Asylum in the U.S.
You are eligible for asylum in the U.S. if you have been persecuted or have a well-founded fear of persecution in your country based on the following
RELIGION
You have a well-founded fear of persecution in your country based on your religion
POLITICAL ORIGIN
You have a well-founded fear of persecution in your country based on your Political Origin
RACE
You have a well-founded fear of persecution in your country based on your Race.
Asylum - Group of immigrants at the border
You have a well-founded fear of persecution in your country based on your Sexual Orientation.
NATIONALITY
You have a well-founded fear of persecution in your country based on your Nationality.
SOCIAL GROUPS
You have a well-founded fear of persecution in your country based on your membership in a Social Group.
Am I eligible for Asylum in the United States?

You are eligible for asylum in the U.S. if you have been persecuted or have a well-founded fear of persecution in your country based on Religion, Political Origin, Race, Nationality, Sexuality, and membership in a particular social group.

You can only apply for asylum after you are already in the U.S. Generally you should apply for asylum within one year after arriving in the US, however there are various exceptions to this rule. If you are outside the U.S. you may apply for refugee status based on the same reasons mentioned above. Your fear of persecution must be either by the government of your country or by a group/gang that your government is not willing or not capable of controlling.

If you are able to prove past persecution, a presumption is created that you have established a well-founded fear of persecution. After you do the burden of proof shifts to the U.S. government to demonstrate that circumstances have changed and that you could persecution by relocating in another part of your country or you no longer have a well-founded fear of persecution and it would be the reasonable option for you.

Asylum - Refugee
United States Embassy.
Photograph by The Nation

If you are in lawful immigration while you submit your asylum application to the USCIS service center, you will still remain in lawful immigration status even if your application is denied. However, if you are not in lawful immigration status when you submit your asylum application, should your application not be approved you will be placed in removal proceedings. If you are in removal proceedings before an Immigration Judge, in addition to applying for asylum, you may be eligible to apply for withholding of removal from the U.S. You may also be eligible for relief under the Convention Against Torture (CAT).

“If your asylum application has been pending for more than 150 days, you may be eligible to apply for a Work Permit”

Furthermore, if the government can prove that you have firmly resettled in a 3rd country, you will be deemed ineligible for asylum, Withholding of removal and CAT.

If your asylum application has been pending for more than 150 days, you may be eligible to apply for a work permit (I-765). After your asylum application is approved, you can sponsor your spouse and/or children. You will be eligible to apply for a Green Card one year after you are granted asylum status.

Additional Asylum Resources:

  1. Asylum
  2. Gender Based Asylum
  3. LGBT Asylum
  4. Withholding of Removal
  5. Convention Against Torture (CAT)

If you think you may be eligible for Asylum,
Contact our office for assistance in your case.

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