Asylum allows immigrants who are already in the United States and who have a well-grounded fear of returning to their home country to stay lawfully in the United States.



There are two types of asylum cases; an affirmative Asylum case is before an Asylum Officer at the USCIS office and a Defensive Asylum is presenting an asylum case to the immigration judge. This would be the case as a defense to deportation proceedings or where the case proceeds after an affirmative asylum is referred back to Court from the Asylum Unit.



In order for Asylum to be granted, the applicant must prove past persecution or a well-grounded fear of persecution due to: race, religion, nationality, political opinion or membership in a particular group.

The applicant cannot return home to your country

The applicant must apply within one year from the date you last entered the United States. Some exceptions may apply. Call us to schedule a consultation to discuss your case.

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To establish eligibility for asylum or refugee status, you must prove that you are the victim of past persecution or you have a well-founded fear of future persecution. In the case of past persecution, you must prove that you were persecuted in your home country or last country of residence.



Who is Eligible?

To be eligible to file a self-petition (an application that you file for yourself for immigration benefits) you must qualify under one of the following categories:

Spouse: You may self-petition if you are a battered spouse married to a U.S. citizen or lawful permanent resident. Unmarried children under the age of 21, who have not filed their own self-petition, may be included on your petition as derivative beneficiaries.


Parent: You may self-petition if you are the parent of a child who has been abused by your U.S. citizen or lawful permanent resident spouse. Your children (under 21 years of age and unmarried), including those who may not have been abused, may be included on your petition as derivative beneficiaries, if they have not filed their own self-petition.


Child: You may self-petition if you are a battered child (under 21 years of age and unmarried) who has been abused by your U.S. citizen or lawful permanent resident parent. Your children (under 21 years of age and unmarried), including those who may not have been abused, may be included on your petition as derivative beneficiaries.