Asylum & Humanitarian Protection
If you fear serious harm or persecution in your home country, you may qualify for asylum or other humanitarian protection. These cases are sensitive and time-sensitive.
Who may qualify
Asylum is generally for people who fear persecution based on protected grounds. There are important deadlines — including a general one-year filing window with exceptions — so it is best to seek guidance early.
How we help
We listen carefully, help you understand whether you may qualify, and prepare your application and supporting evidence. Everything you share with us is confidential. Se habla espanol.
Frequently asked questions
Do I qualify for asylum in the United States?
You may qualify for asylum if you fear returning to your home country because of persecution based on your race, religion, nationality, political opinion, or membership in a particular social group. Every case is unique, so it helps to speak with a licensed immigration attorney who can review your situation confidentially. Se habla espanol.
What is the difference between affirmative and defensive asylum?
Affirmative asylum is when you apply on your own with U.S. Citizenship and Immigration Services (USCIS) without being in removal proceedings. Defensive asylum is when you request protection as a defense before an immigration judge after removal proceedings have begun. Both seek the same protection, but the process and setting are different.
Is there a deadline to apply for asylum?
Generally, you must apply within a set period after your most recent arrival in the United States. There are important exceptions, so even if you think you missed the deadline, do not give up before speaking with an attorney. Filing on time can protect your rights.
What if I missed the one-year asylum deadline?
Exceptions to the filing deadline exist, such as changed circumstances that affect your eligibility or extraordinary circumstances that delayed your filing. A qualified attorney can help you explain your situation and gather supporting evidence. Missing the deadline does not automatically end your case.
Is my asylum application confidential?
Yes. Asylum information is treated as confidential, and the U.S. government generally does not share the details of your application with the country you fled. This confidentiality is meant to protect you and your family from further harm. Your attorney is also bound to keep your information private.
Can I work while my asylum case is pending?
In many cases you can apply for a work permit (employment authorization) after your asylum application has been pending for a required waiting period. This lets you support yourself lawfully while you wait for a decision. An attorney can help you apply at the right time.
What is withholding of removal?
Withholding of removal is a separate form of protection that stops the government from sending you back to a country where your life or freedom would be threatened. It has a higher standard of proof than asylum and does not lead directly to a green card, but it can keep you safe. Many applicants request it alongside asylum.
What is protection under the Convention Against Torture (CAT)?
CAT protection prevents the United States from returning you to a country where you would more likely than not face torture. Unlike asylum, it does not require that the torture be tied to a protected ground like religion or political opinion. It is often requested together with asylum and withholding of removal.
How is asylum different from withholding of removal?
Asylum can lead to a green card and lets you petition for certain family members, but it has stricter deadlines and eligibility rules. Withholding of removal has a higher standard of proof and does not lead to permanent residence, but it can still stop your deportation. Many people apply for both at the same time.
Can my family be included in my asylum application?
If you win asylum, you can generally include your spouse and unmarried children who are under a certain age, either on your application or through a later petition. This can allow your close family to gain protection as well. An attorney can explain who qualifies and how to add them.
Do I need to prove I was physically harmed to get asylum?
No. You can qualify by showing past persecution or a well-founded fear of future persecution, and harm is not limited to physical injury. Threats, serious harassment, and other serious harm may count. Your own credible testimony can be powerful evidence.
What happens at an asylum interview?
At an affirmative asylum interview, an asylum officer asks questions about your identity, your background, and why you fear returning home. The interview is non-adversarial and you may bring an attorney and an interpreter if needed. Preparing your story and documents in advance can make it far less stressful.
Do I need a lawyer to apply for asylum?
You are not required to have a lawyer, but asylum law is complex and the stakes are high, so representation can make a real difference. Only a licensed attorney or an accredited representative can give you legal advice — a notary or notario cannot. Many people find that guidance brings peace of mind.
How long does the asylum process take?
Processing times vary widely depending on your location and whether your case is affirmative or defensive. Some cases move quickly while others take a long time. Your attorney can help you understand what to expect and keep your case on track.
Can I travel outside the United States while my asylum case is pending?
Traveling abroad while your case is pending can be risky and may affect your application, especially if you return to your home country. In some situations you may need special permission before leaving. Always speak with an attorney before making any travel plans.
What is a particular social group in asylum law?
A particular social group is a group of people who share a common characteristic that is fundamental to who they are and that sets them apart in society. Examples can include family membership or other shared traits, depending on the facts and current law. Because this area is complex, legal guidance is especially valuable here.
Can I still seek asylum if I entered without inspection?
How you entered the United States does not automatically disqualify you from asylum. Many people who crossed the border are still able to seek protection. An attorney can review your entry and explain how it affects your options.
What documents help support an asylum claim?
Helpful evidence can include your own detailed statement, identity documents, medical or police records, news articles, and letters from witnesses. Country conditions reports can also support your fear of return. Your attorney can help you organize the strongest possible evidence.
Will applying for asylum put my family back home in danger?
Asylum information is confidential and is generally not shared with your home country, which helps protect relatives who remain there. If you have specific safety concerns, share them with your attorney so they can be handled carefully. Your safety and your family's safety are a priority.
What happens if my asylum application is denied?
A denial is not always the end of the road, and you may have options such as appeal or other forms of relief depending on your case. If your case is with USCIS and you are in status, the outcome may differ from a case before a judge. Speak with an attorney quickly to understand your next steps.
This is federal law — but where you are still matters
What is on this page applies the same way in every state. Which office and court handle your case, how detention works where you are, and how far local police cooperate with immigration enforcement are not the same across California, Arizona and New Mexico. Pick your state for that.