Asylum Relief
Asylum relief is granted to qualified applicants, regardless of their countries of origin, who are unable or unwilling to return to their country of nationality because of past persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion.
When asylum applicants are granted asylum relief:
• They are permitted to remain in the United States,
• Asylum relief is also granted to their family members who are in the United States and were included in their asylum application,
• They may also petition to bring their eligible family members to the United States, and
• In time, they may apply for lawful permanent residence and, ultimately, citizenship.
Applying for Asylum
Asylum-seekers must apply for asylum within 1 year from the date of last arrival in the United States. If an applicant seeks asylum more than 1 year after arrival, an applicant must show either changed circumstances that materially affect the applicant’s eligibility or extraordinary circumstances that delayed filing an application. An applicant must also show that the application was filed within a reasonable amount of time given those circumstances.
DHS –– The Affirmative Asylum Process
The affirmative asylum process applies to aliens who are not in removal proceedings and initially file an asylum application with DHS, U.S. Citizenship and Immigration Services (USCIS). USCIS asylum officers conduct non-adversarial interviews of asylum applicants and determine whether to grant asylum. For more information regarding affirmative asylum, click here.
EOIR –– The Defensive Asylum Process
The defensive asylum process applies to aliens who are in removal proceedings and request asylum from an immigration judge. The process is called “defensive” because it can provide relief from being removed from the United States. For more information regarding defensive asylum, click here.
Family Members of Asylees
When applicants are granted asylum, relief is also granted to their family members who are in the United States and were included in their asylum application. Applicants who have been granted asylum may also petition to bring their eligible family members to the United States. For more information, click here.