Removal Defense

Under U.S. law, Asylum may be granted to foreigners who can establish a well-founded fear of persecution if they were returned to their home countries based on their political opinion, race, religion, nationality, or membership in a particular social group. A successful asylum grant can legally allow applicants to reside in the United States.

Can I only file for Asylum only outside of the United States?

Asylum can be granted to individuals just arriving in the U.S. or to people who are already physically in the country. If you are arriving in the U.S., you may ask for Asylum at the port of entry (i.e., airport, seaport, border crossing, etc.), or if you are already in the U.S., you or your attorney must prepare and file an I-589 form (Application for Asylum and for Withholding of Removal) within a year of your arrival, whether you are residing in the country legally or undocumented.

To be granted Asylum, you must present sufficient evidence or show proof that you were persecuted or are at risk of persecution should you return to your home country. You can apply for Asylum affirmatively by filing the application and initiating the asylum process, or you can seek Asylum as a defense to pending deportation proceedings.

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