Click here to see how our firm is preparing for COVID-19

What are the classifications protected by US asylum law?

Many people think they can seek asylum in the U.S. for any reason.  However, the categories of activities or characteristics which are protected by federal asylum law are actually rather narrow.

In order to qualify for asylum, the alien must show that he or she is unable to return to their home because of past persecution or a "well-founded" fear of future persecution.  The persecution must be based upon the alien's:

  • race;
  • religion;
  • nationality;
  • membership in a particular social group; and/or,
  • political opinion.

A person may submit an asylum application based upon more than one reasons for persecution.  The person seeking asylum bears the burden of proof and has to show a "reasonable possibility" that persecution will occur.

One benefit of asylum (besides being able to stay in the U.S.) is that the asylee can seek lawful permanent resident status after being in the United States for one year.

 

You May Also Like

Why Do Mandamus Lawsuits Over Immigration Delays Work? Spread the love When you file an immigration petition, you expect a decision within a certain time. But sometimes, the government takes much longer than expected to make a... VIEW POST
What Can the USCIS Ombudsman Do To Speed Up Your Immigration Case? Spread the loveWaiting for your immigration case resolution can feel like a never-ending nightmare. You're not sure what's taking so long, and every day feels like an eternity. You... VIEW POST
USCIS Processing Times: A Definitive Guide Spread the loveWaiting for your green card, visa, citizenship, and other immigration processes can be stressful. With all the backlogs, government interruptions, and changing policies, you should prepare for... VIEW POST

Download Free Guide 
2022 Immigrant’s Guide to 
Becoming a U.S. Citizen

This guide contains all you need to know to become  
a U.S. citizen.

Download Free Guide 2022 Immigrant’s Guide to Becoming a U.S. Citizen

This guide contains all you need to know
to become a U.S. citizen.
DOWNLOAD FREE PDF

Immigration 
Answers Show
Live every week.

JOIN US