Asylum Basics: Protection From Persecution

Asylum allows people fleeing persecution to seek protection in the United States. It is a life-saving remedy, but it is legally complex and closely scrutinized.

Who Is Eligible for Asylum

An applicant must show:

• Past persecution or a well-founded fear of future persecution.
• Persecution based on race, religion, nationality, political opinion, or membership in a particular social group.
• Government involvement in the harm, or that the government is unable or unwilling to protect.

The One-Year Filing Deadline

Asylum applications must generally be filed within one year of arrival. Exceptions exist for:

• Changed circumstances.
• Extraordinary circumstances.

Late filing without an exception can bar asylum, even if the underlying fear is real.

Affirmative vs. Defensive Asylum

Affirmative asylum

• Filed with USCIS.
• The applicant is not in removal proceedings.

Defensive asylum

• Raised as a defense in immigration court.
• The applicant is already in removal proceedings.

Each pathway has different procedures and timelines.

Work Authorization Timeline

Asylum applicants may apply for work authorization after a statutory waiting period. Under current rules, an applicant can generally file for a work permit after 150 days, and USCIS cannot approve it until at least 180 days have passed, not counting applicant-caused delays.

Current Asylum Backlogs

Asylum cases face historic backlogs at both USCIS and immigration courts. Delays can span years, making interim status and work authorization critical.

Key Takeaways

• Asylum law is highly fact-specific.
• The one-year deadline is critical.
• Work authorization is not immediate.
• Preparation and credibility are essential.

If you need help evaluating an asylum claim, contact New Horizons Legal at +1 (918) 221-9438.

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This post is for general informational purposes only and does not constitute legal advice. Every case is unique. Consult a qualified immigration attorney to discuss your specific situation.