It is not easy to win an asylum case, so you must approach it carefully with the assistance of a qualified, experienced immigration attorney. Notarios are not qualified to provide legal advice in the United States. Please do not become a victim of notario fraud.

If you are interested in applying for asylum in the United States, consult with us to avoid making dangerous mistakes.

Moreover, it is important to understand that if an asylum application is deemed frivolous, you may never be able to return to the United States.

Eligibility for Asylum in the United States

To apply for asylum in the United States you must show that you fear returning to your country because you have been persecuted or you fear future persecution based on the following protected grounds:

• Race

• Nationality

• Religion

• Political opinion

• Membership in a particular social group (such as victims of domestic violence, homosexual and transexual individuals)

If none of these grounds are met, there may be other options for victims of:

• Sexual assault

• Violence that qualifies for a U visa

• Human trafficking (T visa)

• VAWA: domestic violence

• SIJ program for unmarried children and youth under the age of 21 who are abused, neglected or abandoned.

Affirmative Process Requirements

To apply for asylum you must be physically present in the United States or at one of its borders. Asylum can be requested upon arrival at a port of entry (airport, port, or land border) or while physically inside the United States.

In this case it does not matter how you entered or your legal status so long as you can show credible fear of harm in your home country.

After your arrival in the U.S., you must apply within one year of your last entry into the country.

Exceptional or changed circumstances: If a foreign national has been in the U.S. for more than 365 days and there is a regime change in their home country that puts them in danger should they return, they may apply for asylum in certain circumstances

Defensive process requirements

If you have been placed in removal proceedings in immigration court, you may also apply for asylum. In a defensive process, you may be able to apply for withholding of removal or protection under the Convention Against Torture if you are afraid of persecution or torture in your home country, but did not apply for asylum within the one-year deadline.

It is essential to have the advice of an immigration attorney in these cases.