Asylum is a form of protection granted to someone fleeing their country because they fear they will be harmed based on their race, religion, nationality, political opinion, or membership in a particular social group.
You may seek asylum if you are already in the United States or if you are seeking entry into the United States at a port of entry. If you are granted asylum, you may be permitted to remain in the United States and will likely be eligible to apply to adjust your status to that of a lawful permanent resident.
Affirmative Asylum Processing With USCIS:
To obtain asylum through the affirmative asylum process you must be physically present in the United States. You may apply for asylum status regardless of how you arrived in the United States or your current immigration status.You must apply for asylum within one year of the date of their last arrival in the United States, unless you can show:
Defensive Asylum Processing with EOIR:
A defensive application for asylum occurs when you request asylum as a defense against removal from the U.S. For asylum processing to be defensive, you must be in removal proceedings in immigration court with the Executive Office for Immigration Review (EOIR). Individuals are generally placed into defensive asylum processing in one of two ways:
Spouse and Children
You may include your spouse and children who are in the United States on your application at the time you file or at any time until a final decision is made on your case. To include your child on your application, the child must be under 21 and unmarried.
If you are granted asylum you may petition to bring your spouse and children to the United States. To include your child on your application, the child must be under 21 and unmarried. You must file the petition within two years of being granted asylum unless there are humanitarian reasons to excuse this deadline.
Permission to Work
You cannot apply for permission to work (employment authorization) in the United States at the same time you apply for asylum.You may apply for employment authorization if:150 days have passed since you filed your complete asylum application, excluding any delays caused by you (such as a request to reschedule your interview) AND No decision has been made on your application.
Filing for Permanent Residence (Green Card)
Bars to Apply and/or Grant of Asylum
You may not be eligible to apply for asylum if you:
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