5 Things to Know About Asylum

5 Cosas Que Debe Saber Sobre Asilo

To qualify for asylum, you must prove these things: 

• You are afraid of living in your home country because you were persecuted (severely mistreated) in the past or you might be persecuted in the future
• You are afraid because of your: (1) race, (2) religion, (3) national origin, (4) membership in a particular social group (for example, based on your gender or family), or (5) political opinion. You must show that one of those things is why you would be persecuted.  
• You must prove that the harm that you fear must be from the government in your home country or a group or person that the government is unable or unwilling to stop from harming you (such as a family member or a gang). 

Yes. You can also apply for: withholding of removal and relief under the Convention Against Torture (CAT).  

• People who do not qualify for asylum might qualify for these.  
• If you are granted either of these applications, you cannot become a permanent resident (green card holder) through this process. 

To apply for asylum, file a Form I-589, which you can download for free from the U.S. Citizenship and Immigration Services (USCIS) website. There is no fee to apply for asylum.

You need to apply for asylum within 1 year of arriving in the U.S.

If you apply for asylum after living here for more than 1 year, you must show you meet an exception to the 1-year rule and that you filed as soon as possible. The 1-year rule does not apply to withholding or CAT.

If you live or work in New York City, you can call The Mayor’s Office of Immigrant Affairs (MOIA) Immigration Legal Support Hotline at 800-354-0365 or call 311 and say “Immigration Legal”, between 9:00 AM to 6:00 PM, Monday to Friday, for legal help with your asylum application or to explore other potential immigration options for which you may be eligible.  You can also visit their website for more detailed information. 

If you are not afraid to return to your home country, or you have not suffered extreme harm in your home country in the past, you would not qualify for asylum, withholding, or CAT. However, it is important to speak with an attorney to see if you qualify for another type of immigration status.

This information is also available for download in English, Arabic, French, Russian, Spanish, and Wolof.

The information in this document has been prepared by The Legal Aid Society for informational purposes only and is not legal advice. This information is not intended to create, and receipt of it does not constitute, an attorney-client relationship. You should not act upon any information without retaining professional legal counsel.