Non-citizens living in the U.S. may be granted asylum if they are unable or unwilling to return to their country of nationality because of persecution, or a well-founded fear of persecution on account of their race, religion, nationality, membership in a particular social group, or political opinion.
Asylum can provide relief from removal and a grant of asylum may lead to permanent residence. We win about 90 percent of our asylum cases. Beach-Oswald Immigration Law Associates offers assistance from individuals experienced in properly filing for asylum. We stand with you throughout the application process, including legal representation at interviews and hearings.
Under U.S. immigration law you may be classified as a refugee if you have been harmed in your country of nationality or your last place of residence because of your:
- political opinion, or
- Membership in a particular social group (such as gender, homosexuality, female genital mutilation)
Additionally, you must be able to show that you are either unable or unwilling to return to the country where you have been persecuted.
If you not been physically harmed in your home country, you may nonetheless be eligible for asylum in the United States if you are able to show that you have a well-founded fear of future persecution because of your
- Political opinion, or
- Membership in a particular social group
- If you have previously applied for asylum and were denied by the Board of Immigration Appeals (BIA), you will be ineligible for asylum unless you are able to show changed circumstances that materially affect your eligibility for asylum; or
- If you can be sent to a safe third country with which the U.S. has a bilateral or multilateral agreement.
You can only apply for asylum if you are already physically present in the United States, regardless of your current immigration status.
If you are not currently in immigration proceedings before an immigration judge, then you may be eligible to apply for asylum with USCIS.
You must file your asylum application within 1 year of arrival in the United States, unless you are able to demonstrate extraordinary circumstances resulting in your failure to apply for asylum within one year, or if you are able to show changed circumstances that materially affect your eligibility for asylum.
Even if you apply for asylum after 1 year, you may still be granted withholding of removal.
If you are in immigration proceedings before an immigration judge, you may apply for asylum before the immigration judge.
Please be aware that a grant of asylum is discretionary, and is not guaranteed even if you believe you have suffered persecution in your home country. If you are afraid of returning home, please contact our office to schedule a consultation. Our lawyers have many years of experience helping asylum applicants win their cases.