Asylum or Withholding of Removal

If you are an immigrant present in the United States or at a port of entry, and you are afraid to return to your home country for being afraid of persecution based on your race, national origin, religion, political beliefs or membership in a specific social group, you may be eligible for asylum. Asylum allows an immigrant to stay in the United States to avoid being persecuted.

To be eligible for an Asylum case, you must:

• Be present in the United States.

• Apply for asylum within one year of entering the United States (there are some exceptions)

• Demonstrate a “well-founded fear of persecution” based on (1) political opinion, (2) religion, (3) race, (4) nationality, or (5) membership in a particular social group.

• Have not been convicted of any serious crime.

• Have not been convicted of a crime that involves moral depravity (there are exceptions).

In cases of Withholding of Removal, it is not required to file the application within the first year of being in the United States.