Those present in the United States who have suffered harm, or fear that they will suffer harm upon return to their home country, may be eligible for asylum, withholding of removal or relief under the Convention Against Torture.
Applicants must show that the harm they suffered or fear they will suffer rises to the level of “persecution” and that harm is based on one of the following:
- Race
- Religion
- Nationality
- membership in a particular social group
- or an (actual or imputed) political opinion.
Important Notes for Asylum Applicants
- If denied for asylum as an Out-Of-Status or Undocumented Immigrant, you will be referred to deportation proceedings immediately
- You will be barred from applying for an asylum visa if you have already filed once before and were denied unless you can demonstrate that there are changed circumstances which materially affect your eligibility for asylum.
- You must file all the necessary documentation within one year of entrance to the United States or of the expiration of your permitted U.S. stay.
- Applying for an asylum visa may impact future visa applications such as an Optional Practical Training (OPT) Visa, or a H-1B Visa, as applying for an asylum visa portrays an intent to stay/ not return to country of residence which are key points to obtaining any temporary visa.
