US Asylum Eligibility

Am I eligible for Asylum?

Asylum may be granted to a refugee who is unable or unwilling to return to his home country because of persecution or well founded fear of persecution on account of race, religion, nationality, membership in a particular social group pr political opinion. Thus in order to qualify for asylum one must establish that race, religion, nationality, membership in a particular social group or political opinion was or will be at least one central reason for your persecution or why you fear persecution.

Asylum may be granted irrespective to persons' immigration status even if person in the United States unlawfully.

Filing Deadline is a one year after applicant's arrival in the United States, unless an applicant can show that change of circumstances that affected his eligibility for asylum or extra ordinary circumstances prevented from filing within one year.

If asylum is granted an applicant and any eligible spouse or children will be permitted to stay and work in theUnited States and later on adjust to lawful resident.

Q: What Will Be My Status After I Am Granted Asylum?

You will have asylee status. You will receive an I-94 Arrival and Departure record documenting that you are able to remain indefinitely in theUnited Statesas an asylee. You will be authorized to work in theUnited Statesfor as long as you remain in asylee status. You may obtain a photo-identity document from USCIS evidencing your employment authorization by applying for an Employment Authorization Document (EAD). You will also be able to request derivative asylum status for any spouse or child (unmarried and under 21 years of age as of the date you filed the asylum application, as long as your asylum application was pending on or after August 6, 2002) who was not included as a dependent in your asylum decision and with whom you have a qualifying relationship. This means that you will be able to petition to bring your spouse and/or children to theUnited States, or allow them to remain in theUnited Statesindefinitely incident to your asylee status.