Asylum is protection granted to a person who cannot return to his/her own country for fear of persecution.

To qualify for asylum, you must prove that you have been persecuted or have a well founded fear of persecution and cannot return to your home country. The persecution or fear of persecution must be to you as an individual, and not to a class of people. Furthermore, the persecution must be committed by the government or by a group the government is unwilling or unable to control.

The persecution must have been on account of one or more of the following five factors:

1. Race
2. Religion
3. Nationality
4. Political Opinion
5. Membership in a Particular Social Group

You may request asylum regardless of whether you are in this country legally or illegally. The petition may be filed when you arrive at a port of entry or at a later date. You must file for asylum within one year of your entry, but there are some limited exceptions.  If you do file within a year of your entry to the United States, you will have an interview with an Asylum Officer who will review your petition to determine whether you are eligible for asylum under the statutes.  If you are in removal proceedings when you file for asylum, your case will be heard by an immigration judge.

 While your application is pending, you will be eligible for an Employment Authorization Document (EAD) which will allow you to work legally in the United States until your case is decided. If granted asylum, you will be given Permanent Resident status and you may apply for a Social Security card.  You may also request derivative asylum status for your spouse and child who were listed on your application. Asylees are eligible for citizenship after five years.