IMMIGRATION SERVICES

Asylum in the United States

If you fear harm in your home country because of who you are or what you believe, U.S. law may protect you. Learn who may qualify for asylum and related protection.

Attorney James Betzold · 17+ years of experience · Nationwide service by phone or video

For Information Only

This page is general information to help you understand whether you might qualify. It is not legal advice. Every case is different, and only a legal consultation with Attorney James Betzold can determine whether you are eligible.

Asylum is a form of protection for people who are in the United States and are afraid to return to their home country. If you have been harmed, or you fear you will be harmed, because of your race, religion, nationality, political opinion, or membership in a particular social group, U.S. law may allow you to stay here safely.

Asylum can also lead to a green card and, later, U.S. citizenship. But the rules are strict, deadlines are firm, and the law changed a great deal in 2025 and 2026. Below we explain who may qualify, what can stand in the way, and two related forms of protection.

Who May Qualify

To win asylum, you generally must meet the legal definition of a “refugee.” In simple terms, you may qualify if:

You are physically present in the United States, no matter how you entered.
You were persecuted in the past, or you have a well-founded fear that you will be persecuted if you return.
The harm is serious. Persecution is more than unfair treatment or hard living conditions. It can include threats, violence, torture, imprisonment, or other severe harm.
The harm is (or would be) carried out by the government, or by a group or person the government is unable or unwilling to control, such as a gang, militia, or abusive family member the police will not stop.
The harm is “on account of” at least one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group.
You filed within one year of your last arrival in the United States, or you qualify for an exception to that deadline.
None of the bars to asylum apply to you.

Essential Elements

Persecution or a well-founded fear of it

You may qualify based on past harm, a real fear of future harm, or both. Your fear must be genuine and reasonable given your facts and your country’s conditions. Past persecution can create a presumption of future harm.

The five protected grounds

The harm must be connected to your race, religion, nationality, political opinion (including one others believe you hold), or membership in a particular social group. A “particular social group” shares a basic trait its members cannot change or should not have to change, which, depending on the facts, may involve family ties, sexual orientation, or gender identity. This is one of the most complex and changing areas of asylum law.

The "nexus" requirement

“Nexus” means the link between the harm and the protected ground. It is not enough to show that you were harmed. You must show that a protected ground was at least one central reason why you were targeted. For example, a person robbed simply for money usually does not meet this requirement. A person attacked because of their political activity may.

The one-year filing deadline

In general, asylum must be requested within one year of your last arrival in the United States. There are two main exceptions:

Changed circumstances: something important changed, such as conditions in your home country or your personal situation, that affects your eligibility.
Extraordinary circumstances: events outside your control, such as serious illness or certain legal problems, kept you from filing on time.

Even with an exception, you must file within a reasonable time. Unaccompanied children are generally not subject to the deadline. The related protections described below have no such deadline.

Affirmative and Defensive Asylum

There are two ways asylum is generally requested:

Affirmative asylum is requested from U.S. Citizenship and Immigration Services (USCIS) by someone who is not in deportation (removal) proceedings. An asylum officer interviews the applicant.
Defensive asylum is requested in immigration court as a defense against deportation. An immigration judge decides the case, and a government attorney may argue against it.

If USCIS does not grant an affirmative case and the person has no other status, the case usually goes to immigration court.

Related Protection: Withholding of Removal and the Convention Against Torture

Withholding of removal protects a person from being sent to a specific country where their life or freedom would be threatened because of one of the five protected grounds. It has no one-year deadline, but the proof required is higher: you must show harm is more likely than not. It does not lead to a green card, and it does not extend to your spouse or children.

Convention Against Torture (CAT) protection prevents removal to a country where it is more likely than not that you would be tortured by, or with the consent or acquiescence of, a public official. You do not need to show a connection to a protected ground. Some forms of CAT protection are available even to people barred from asylum. Like withholding, CAT does not lead to a green card.

An immigration judge decides these, usually alongside a defensive asylum case.

What Could Prevent Eligibility

Some people are barred from asylum even if they fear persecution. Common bars include:

Missing the one-year deadline without an exception.
A prior asylum denial by an immigration judge or the Board of Immigration Appeals, unless circumstances have changed.
Safe third country: the U.S. can send you to another country under an agreement where you could seek protection.
Persecutor bar: you ordered, incited, assisted, or took part in persecuting others.
Serious crimes: you were convicted of a “particularly serious crime” in the U.S., or committed a serious nonpolitical crime outside the U.S.
Security and terrorism-related grounds: you pose a danger to U.S. security or have ties to terrorist activity or organizations, as the law defines them.
Firm resettlement: you were offered permanent status or similar long-term protection in another country before coming to the U.S.

Important 2025–2026 changes. Many of these are being challenged in court:

New fees. A 2025 law created an asylum application fee and a yearly fee while a case is pending. Courts are reviewing how the yearly fee is enforced.
Decision holds. USCIS paused many asylum decisions in late 2025. A federal court set the pauses aside in June 2026, but the government appealed, and people from certain countries face extra uncertainty.
Border rules. A 2025 proclamation tried to block asylum at the southern border. Courts, including an appeals court in April 2026, found it unlawful, but the government is seeking further review. A separate rule limits asylum for many people who entered at the southern border between May 2023 and May 2025.
Third-country removals. The government has asked judges to end many asylum cases and send people to other countries under agreements. These efforts are being challenged.
Stricter interview rules took effect August 21, 2026.

Benefits of This Status

If you are granted asylum, you may receive:

Protection from deportation to the country you fear.
Permission to work in the United States as soon as asylum is granted.
Protection for your family: your spouse and unmarried children under 21 may be included or may be able to join you.
A path to a green card after one year as an asylee, and later to U.S. citizenship.
Ability to travel abroad with a special travel document (travel to the country you fear can put your protection at risk).

While a case is pending, applicants can currently request a work permit after a waiting period, and delays the applicant causes stop that clock. A February 2026 proposal would make the wait much longer; as of October 2026, it was not final.

Frequently Asked Questions

Can I apply for asylum if I entered the U.S. without papers?

Generally, yes. The law allows people to seek asylum regardless of how they entered, though some recent border rules may affect people who crossed the southern border.

What if I have been in the U.S. for more than one year?

You may still qualify if an exception applies, such as changed conditions in your country. Even if asylum is barred, you may qualify for withholding of removal or protection under the Convention Against Torture.

Does fear of gangs or crime qualify for asylum?

General crime usually is not enough. But if you were targeted because of a protected ground, such as your family, politics, or religion, and the government cannot or will not protect you, you may have a case.

Is asylum still available in 2026?

Yes. Asylum is part of U.S. law, but new policies, fees, and court cases affect who can apply and how long cases take.

Could You Qualify? Let's Talk

If you are afraid to return to your home country, you do not have to face this alone. Attorney James Betzold offers consultations by phone or video, anywhere in the United States. We will listen to your story and explain your options honestly. Call +1 (833) 847-2335 today.

Other Ways We Can Help

Sources: USCIS 1 · USCIS 2 · Federal Register 1 · Federal Register 2 · ILRC · www.aclu.org · www.envoyglobal.com

Legal Disclaimer

The information on this page is provided for general informational purposes only and is not legal advice. Reading this page, contacting our office, or scheduling a case evaluation does not create an attorney-client relationship. Every immigration case is different and depends on its own facts, history, and the law in effect at the time. Immigration laws, policies, and court decisions change often, and this information (current as of October 2026) may not reflect the most recent changes. Meeting a requirement described here does not mean you qualify or that any application will be approved. Eligibility can only be determined through a legal consultation with Attorney James Betzold, who will review your individual situation. Do not act, or decide not to act, based on this page alone. Past results do not guarantee a similar outcome.