The right to seek asylum is an ancient institution, where people who were persecuted for their beliefs could seek protection with another government or within a place of worship.  In the United States, a foreigner can apply for asylum directly with the Citizenship and Immigration Service (CIS).

If asylum is granted, the foreigner can apply for legal permanent resident status one year after the date of the approval.  The applicant must prove the possibility of harm on account of her race, religion, nationality, political opinion or membership in a persecuted social group.  The applicant can either prove her membership in a persecuted class or the past harm she suffered.  An asylee also receives employment authorization and permission to travel internationally.

Asylum depends on the person’s circumstances, not the country.  That said, foreigners from certain countries receive asylum more frequently than foreigners from other countries.  At one time, for example, more than fifty percent (50%) of the Venezuelans who applied for asylum were granted this status. 

The family members of someone who was harmed, tortured, murdered or kidnapped may also receive asylum – because a family constitutes a social group.  In general, Immigration officials will look for proof of harm to family members when considering whether an applicant can return to her home country.

General civil unrest, by itself, is insufficient for asylum.  However, if the government is not capable of protecting certain citizens because of this unrest, that information will be vital to an asylum case.

The government has established an arbitrary one-year deadline for applying.  Nevertheless, if a foreigner has a reasonable explanation as to why she did not apply during the first year after arriving in the U.S., she may still be eligible.  For example, the foreigner may have been in another legal status (such as TPS or H-1B).

Persons whose personal circumstances have changed should also apply after the one-year deadline.  In one case, the Firm helped a woman win an asylum case 20 years after she entered the U.S.