Asylum Eligibility and Process
To qualify for asylum in the United States, an applicant must show they are unable or unwilling to return to their home country due to a well-founded fear of persecution based on one of the following protected grounds: race, religion, nationality, political opinion, or membership in a particular social group.
The applicant must also prove that their government is either unable or unwilling to provide protection, and that relocating to another part of the country would not offer a safe alternative. Asylum applications generally must be submitted within one year of arrival in the U.S., unless the applicant can show changed or extraordinary circumstances that excuse the delay.
If asylum is granted, the applicant may also request derivative asylum for a spouse and unmarried children under 21, even if they are outside the U.S. After one year, the asylee becomes eligible to apply for permanent residence (a green card), and later, U.S. citizenship.
It is important to understand that asylum is a discretionary benefit, meaning immigration judges have significant authority to approve or deny each case based on the facts presented.