How Do I Know if I Qualify for Asylum in the U.S.?

Fleeing persecution in your home country? You may be eligible for asylum in the United States. Asylum offers protection and a path to a new life for individuals escaping danger and mistreatment abroad.

At Holden Law Firm, we understand the fear and uncertainty asylum seekers face, especially those coping with traumatic experiences. Attorney Giovanna Holden’s own journey as an immigrant fuels her deep commitment to guiding clients compassionately through the asylum process.

What is Asylum?

Asylum provides a haven in the U.S. for people who have endured persecution in their country of origin or who fear being persecuted if forced to return. You may qualify for asylum if you were mistreated due to your:

• Race
• Religion
• Nationality
• Membership in a particular social group
• Political opinion

To meet the legal definition of persecution, the harm must be inflicted by the government or by groups beyond the government’s control.

Persecution Takes Many Forms

Persecution encompasses many forms of abuse and mistreatment, such as:

• Threats against your life or physical safety
• Assault, battery, or sexual violence
• Coercive medical procedures like forced sterilization
• Extreme discrimination depriving you of fundamental rights
• Unjustified arrest or imprisonment
• Torture and inhumane treatment

If you experienced severe harm for one of the reasons listed above, you may have a strong claim for asylum. A knowledgeable immigration attorney can assess whether the mistreatment you endured constitutes persecution as defined by U.S. asylum law.

Who Can Apply for Asylum?

To seek asylum, you must be physically present in the United States. You can apply regardless of your immigration status or how you arrived in the country.

Generally, you must file your asylum application within one year of your last entry into the U.S. However, you may be excused from this deadline if you can demonstrate changed circumstances that now make you eligible for asylum, or extraordinary circumstances that prevented you from applying within a year.

Two Paths to Gaining Asylum in the U.S.

There are two primary ways to apply for asylum:

1. Affirmative process: Filing an application with U.S. Citizenship and Immigration Services (USCIS) and interviewing with an asylum officer in a non-adversarial setting.
2. Defensive process: Applying for asylum in immigration court as a defense against deportation.

In some cases, individuals found to have a “credible fear” of persecution during expedited removal proceedings may have their asylum claim heard by a USCIS asylum officer instead of in court.

An experienced immigration attorney can evaluate your case and recommend the strongest strategy for your situation. Getting reliable legal advice from the start can significantly impact the success of your asylum case.

Proving Your Asylum Case

Gaining asylum requires convincing authorities that your fear of persecution is credible. Asylum officers and immigration judges carefully evaluate the credibility of each applicant.

To bolster your credibility, it’s crucial to gather persuasive evidence supporting your account of persecution, such as:

• Police or medical records corroborating acts of violence against you
• Threatening messages demonstrating you were targeted
• Documentation of human rights abuses against similarly-situated people in your country
• Witness statements confirming aspects of your story

Providing your own detailed affidavit about what happened to you and why you fear returning home is also essential. An immigration lawyer can help you write an effective declaration to highlight the key facts.

Keep in mind, if you’re not comfortable communicating in English, you’ll need to bring an interpreter to your asylum interview or court hearings. The government doesn’t provide interpretation during the affirmative process.

Don’t Face the Asylum Process Alone

We know seeking asylum can feel overwhelming, but the reward—living free from fear—is profound. You’ve already taken the courageous first step by exploring your options.

At Holden Law Firm, we’re committed to making the path to protection as smooth as possible. Giovanna Holden is a tenacious advocate dedicated to helping asylum seekers build new lives in the United States.

If you believe you may qualify for asylum, don’t hesitate to contact Holden Law Firm for a confidential consultation. We’re here to listen to your story, answer your questions, and devise a personalized plan for your asylum journey.

With us, you can maximize your chance of gaining the safety and security you deserve. The American Dream is within reach—let us help you seize it.