Asylum and Other Forms of Protection from Persecution

Is asylum right for you?

Asylum is a form of protection available to individuals in the United States who have been persecuted or fear future persecution under certain circumstances. If approved, asylum provides a pathway to permanent resident status and citizenship. It is important to note, however, that asylum applications are evaluated under rigorous and highly technical standards, and filing a frivolous application can result in serious consequences.

Requirements for Asylum

To make out a successful claim for asylum, an applicant must be physically present in the United States and show that he or she is unable or unwilling to return to the country of nationality because of past persecution or a well-founded fear of future persecution. Additionally, the applicant must establish that this fear of harm is connected to one of five statutory grounds: race, religion, nationality, political opinion, or membership in a “particular social group.” An applicant can be barred if convicted of a particularly serious crime, persecution of others, and certain other grounds. To be granted asylum, an applicant must also establish that he or she merits a favorable exercise of discretion by the U.S. government decision maker, which can be an Asylum Officer or Immigration Judge.

Asylum Time limit

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Severe consequences for frivolous applications

who have a well-founded fear of returning to their home country may seek asylum in the United States. If this applies to you and you live in the Washington, D.C. metro area, consider contacting an asylum lawyer such as Border Pathways to see if you are potentially eligible for such legal status.

Given there are restrictions regarding the individuals who may be eligible for asylum, it’s best to seek the counsel of an immigration attorney who can asses your circumstances and provide you guidance. One thing to note is that asylum can also apply even if you are facing deportation hearings. There are three possible ways an individual can apply for immigration status based on a fear of returning to their home country:

• Asylum (defensive application or an affirmative application)

• Protection under the United Nations Convention Against Torture (CAT)

• Withholding of removal, a special order that an immigration judge can grant, where an individual proves that he is likely to be persecuted upon returning to their country of origin.

Border Pathways has experience applying for all three forms of relief.

How we help you with the ASYLUM process

1. At Border Pathways, we’ll guide you through the entire asylum process, including form submission:

   • Helping you submit the asylum application to the Executive Office of Immigration Review if you are in removal proceedings - a “defensive application.”

   • Submit your asylum application through an “affirmative application” directly to the USCIS if you are not currently in removal proceedings.

2. We explain the time lines, deadlines and processes of asylum in clear terms.

3. We keep track of your asylum case with the various departments including UCIS, and other agencies.