A person can seek asylum in the United States if they have reason to fear persecution for one of five protected categories: race, religion, political opinion, sexual orientation or membership in a social group. The breadth of this category has sparked many legal debates. In addition, a person may be granted asylum if they can show that they have been tortured or could be subject to future torture.
Most people seeking asylum have left their homes for a variety of reasons. They might be fleeing violence or the threat of violence, poverty, gangs or natural disasters. People also choose to leave because they don’t fit the legal definition of a refugee but still believe that they would be in danger if they returned home.
After a person has filed an asylum application, they will attend an interview at the USCIS office that serves their region. During the interview, they will be asked questions about their past and their fears. They will be required to bring original documents proving their identity and membership in a protected class.
Asylum applications can be complicated and time consuming. Applicants should be well prepared for their interviews and have an experienced immigration attorney represent them. Generally, a person must apply for asylum within one year of their most recent arrival in the United States. A federal district court has ruled that DHS must notify people seeking asylum of this deadline and establish a uniform procedure to facilitate filing before the deadline.