Who Can Apply for Asylum in the United States?

December 2, 2024

Who Can Apply for Asylum in the United States?

Asylum is a form of legal protection granted to individuals who are unable or unwilling to return to their home country due to persecution or a well-founded fear of persecution. At Jeffrey Y. Bennett Law, we provide legal assistance to immigrants seeking asylum in the United States, guiding them through the complex legal process and advocating for their rights.


Eligibility Requirements for Asylum


To apply for asylum in the U.S., you must meet the following criteria:


1. Fear of Persecution


You must demonstrate that you have been persecuted or have a well-founded fear of persecution based on one or more of the following grounds:

  • Race
  • Religion
  • Nationality
  • Political Opinion
  • Membership in a Particular Social Group


2. Physical Presence in the United States


Asylum seekers must be physically present in the U.S. or at a port of entry when applying. You can apply regardless of your immigration status.


3. Filing Deadline


You must apply for asylum within one year of your arrival in the U.S. However, exceptions are made if there are:

  • Changed circumstances affecting your eligibility.
  • Extraordinary circumstances that prevented you from applying on time.


Types of Asylum Applications


  • Affirmative Asylum: Filed with U.S. Citizenship and Immigration Services (USCIS) by individuals not in removal proceedings.
  • Defensive Asylum: Filed as a defense against deportation in immigration court for those in removal proceedings.


Benefits of Being Granted Asylum


If granted asylum, you can:

  • Remain in the U.S. legally.
  • Apply for a work permit.
  • Petition to bring your spouse and children to the U.S.
  • Apply for a green card one year after being granted asylum.


How Jeffrey Y. Bennett Law Can Help


Navigating the asylum process can be overwhelming, but having an experienced attorney by your side can make all the difference. At Jeffrey Y. Bennett Law, we provide compassionate, knowledgeable legal support to immigrants seeking asylum. From preparing your application to representing you in court, we’re here to ensure your rights are protected.

Contact us today for a consultation to discuss your case and explore how we can help you seek safety and stability in the U.S.

Hands cuffed, palms up, against a dark background, suggesting arrest or detention.
October 16, 2025
Learn your rights during an ICE raid. Jeffrey Y. Bennett Law helps immigrants across the U.S. understand their legal protections and take action if their rights are violated.
Stack of three open file binders filled with papers.
September 29, 2025
Learn whether you can switch from a tourist visa to a student or work visa in the U.S. Jeffrey Y. Bennett Law helps immigrants with legal guidance on visa changes.
A gold justice scale on a desk next to an open laptop in an office setting.
August 7, 2025
Received a deportation notice? Learn what happens next and how Jeffrey Y. Bennett Law can help you respond, prepare, and defend your rights in immigration court.
A woman is sitting at a table writing on a piece of paper.
July 17, 2025
Learn how to apply for a U.S. work permit (EAD), including eligibility, required forms, and processing tips. Jeffrey Y. Bennett Law helps immigrants with EAD applications.
A man and a woman are shaking hands in an office.
June 18, 2025
Learn what to expect during your green card interview, including common questions and preparation tips. Jeffrey Y. Bennett Law offers legal guidance to help you navigate the U.S. immigration process successfully.
A judge 's gavel is sitting on a wooden table next to a person writing on a piece of paper.
May 21, 2025
Learn how to maintain your F-1 student visa status with tips from Jeffrey Y. Bennett Law. Discover key compliance rules to stay in the U.S. legally as an international student.
An american flag is flying in the wind on a pole.
April 29, 2025
Learn who qualifies for Temporary Protected Status (TPS) in the U.S. and what benefits it provides. Contact Jeffrey Y. Bennett Law for legal help with TPS applications and renewals.
An american flag is flying in the wind against a blue sky.
February 27, 2025
Avoid common green card mistakes that can lead to delays or denials. Learn how to ensure a smooth application process with guidance from Jeffrey Y. Bennett Law, assisting Missouri residents with immigration matters.
October 29, 2024
What Are My Options if I Am Facing Deportation?
July 31, 2024
Navigating the Path to Citizenship: How Long Do I Have to Be a Resident Before Applying?