1. Persecution: You must demonstrate that you have suffered or have a well-founded fear of persecution in your home country based on your race, religion, nationality, political opinion, or membership in a particular social group.
2.Government Involvement: The persecution you face or fear must be perpetrated by the government or a group that the government is unable or unwilling to control.
3. Application Timing: You must apply for asylum within one year of your arrival in the United States unless you can prove exceptional circumstances or changed conditions prevented you from filing earlier.
To apply for asylum, one must be physically present in the U.S. and not hold U.S. citizenship. At this time, the option to submit Form I-589 (Application for Asylum and Withholding of Removal) online is limited to specific affirmative asylum applicants. However, certain groups are not eligible to file this form online, such as:
Individuals currently in immigration court or under review by the Board of Immigration Appeals.
Unaccompanied alien children in removal proceedings.
Those required to file by mail through the Asylum Vetting Center.
Applicants who have already submitted a Form I-589 that is still under review.
If you qualify for asylum, you may be granted permission to remain in the United States. It's important to file Form I-589 within one year of your arrival to apply for either affirmative or defensive asylum. This application process is free of charge, and more details can be found on the Obtaining Asylum in the United States page.
Additionally, you may include your spouse and children (under 21 and unmarried) as dependents in your asylum application, as long as they are also physically present in the U.S. You can add them either when you initially file the application or at any point before a final decision is made. For more information about this process, visit the Form I-589 page.
It’s important to note that seeking asylum is a complex legal process, and the eligibility requirements may vary depending on individual circumstances. It is recommended to consult with an immigration attorney or a reputable legal organization specializing in asylum cases for accurate and up-to-date information tailored to your situation.
