How Do Immigrants Qualify for Asylum?

There are multiple humanitarian immigration programs in the United States. Those hoping to flee a war-torn country could apply for refugee status and gain legal approval to enter the country. Those subject to domestic violence or criminal activity in the United States may qualify for special visas as crime victims.

Asylum is also an option in certain immigration cases. At its most basic, asylum protects those who cannot safely return to their country of origin. What are the general requirements for those seeking asylum?

Physical Presence in the United States

Refugee status is available to those still in other countries. Asylum is different. People must be physically present within the country to apply for asylum. Some do so immediately upon entering the country, while others apply in response to removal attempts.

Immigrants typically have to apply for asylum at a port of entry. In all but rare cases, they need to do so within one year of entering the country. Otherwise, they may not be eligible for asylum.

Risk of Persecution After Returning Home

One of the most important credentials for asylum is the threat of unjust treatment in another country. People applying for asylum generally need to show that the other country has problematic policies and that they are part of a group targeted by those policies or laws.

Asylum can be available based on religion, race, nationality, and involvement with political or social groups. People generally need to have a reasonable fear of persecution based on the current political condition of their country of origin.

Becoming an asylum seeker allows immigrants to remain legally in the United States until things stabilize at home or they become eligible for a green card. Those who secure asylum typically also can work legally in the United States. If they initially traveled alone, they may also be able to petition to bring their immediate family members to the country.

Seeking legal guidance when applying for asylum and other forms of humanitarian immigration can increase the chances of success. Immigrants who understand the basics of the asylum program may want to seek help so their situation can be evaluated more thoroughly.