Asylum eligibility screener

If you are in danger right now, contact local emergency services. Asylum law involves strict deadlines and a demanding evidence standard. This screener provides legal information only and is not a substitute for an attorney. If you have an upcoming court date or filing deadline, contact an immigration attorney as soon as possible. See our full disclaimer.

Your asylum eligibility result

Get a free, confidential asylum case review

Asylum claims rise or fall on careful documentation and credible testimony. An immigration attorney can review your specific facts and help you build the strongest possible case.

What does asylum law actually require?

Asylum requires showing a well-founded fear of persecution based on 1 of 5 protected grounds: race, religion, nationality, political opinion, or membership in a particular social group. The fear must be tied specifically to one of these grounds, not general danger, crime, or instability alone, which is one of the most common misunderstandings about who qualifies. The persecution must come from the government or from a group the government is unable or unwilling to control.

If you're already in removal proceedings rather than applying on your own initiative, your asylum claim is filed defensively in immigration court, often alongside other relief options covered in our deportation defense screener.

Affirmative versus defensive asylum

Affirmative asylum is filed proactively with USCIS by someone not currently in removal proceedings, using form I-589, typically followed by an interview with an asylum officer. Defensive asylum is raised as a defense to removal in immigration court, decided by an immigration judge rather than an asylum officer. If an affirmative claim is denied and the applicant doesn't have valid status, the case is often referred to immigration court, converting it into a defensive claim.

The 1-year filing deadline and its exceptions

Asylum applications generally must be filed within 1 year of the applicant's last arrival in the US. Missing this deadline doesn't automatically end the claim. Exceptions exist for changed circumstances that materially affect eligibility, such as a political shift in the home country, and extraordinary circumstances that caused the delay, such as serious illness, ongoing legal disability, or maintaining valid status until shortly before filing. Documenting exactly why the deadline was missed is critical to preserving these exceptions.

Particular social group claims

Particular social group claims are often the most legally complex, since this ground isn't explicitly defined by statute and has been shaped extensively through case law. Successful claims typically need to show the group shares a common, immutable characteristic, is defined with enough particularity, and is recognized as distinct within the society in question. Claims based on gender, family membership, sexual orientation, or former affiliations have all been recognized in various circumstances, but each requires careful legal framing specific to the individual case.

Frequently asked questions about asylum

Asylum requires showing a well-founded fear, a lower standard, and offers broader benefits including a path to a green card and the ability to bring family members. Withholding of removal requires showing persecution is more likely than not, a higher standard, has no 1-year filing deadline, but only prevents removal to the specific country of feared persecution and doesn't offer a path to permanent residency or family inclusion.

Yes, a spouse and unmarried children under 21 who are in the US at the time of filing, or who join later, can generally be included as derivatives on an asylum application without needing to independently prove persecution. If they're outside the US, a separate follow-to-join petition is typically needed after the principal applicant's asylum is granted.

If you don't have valid immigration status when an affirmative asylum application is denied by USCIS, the case is generally referred to immigration court, where you can renew the claim defensively before a judge. This means a denial isn't necessarily final, but it does mean entering removal proceedings if you weren't already in them, which is an important consideration to discuss with an attorney before filing.

Affirmative asylum processing times vary significantly by USCIS asylum office and current caseload, often taking well over a year given substantial backlogs. Defensive asylum cases in immigration court depend on that court's docket and can also take significant time, especially in heavily backlogged courts. Applicants generally become eligible to apply for work authorization 150 days after filing if no decision has been made.

Credible, detailed personal testimony alone can be sufficient to meet the burden of proof in some cases, but corroborating evidence, such as country condition reports, witness statements, medical or psychological records, news articles, or police reports, significantly strengthens a claim where it's reasonably available. An attorney can help identify what evidence is realistic to gather for your specific situation.