Asylum

United States asylum law was born out of several international treaties that attempted to address a post-World War II reality in which millions of people were displaced. In the decades after World War II, the United States incorporated, built upon, and modified these international treaties into domestic law to create the asylum system we have today.

In short, asylum law requires a country to provide due process to a refugee fleeing based upon a well-founded fear that their country persecutes individuals based upon their race, religion, nationality, membership in a particular social group, or political opinion. The legal intricacies of asylum law are very complicated and nuanced, but at its heart, asylum is about protecting refugees from the same kind of persecution that shocked the world during its darkest hours. A successful asylum claim will result in the applicant receiving a green card and thus receiving permanent protection from the persecution they suffered.

While the ideals of asylum are quite lofty, the practical implementation of these ideals often falls short of expectations. For instance, the asylum applicant must file within 1 year of arrival. While there are some exceptions to the 1-year filing deadline, if the applicant fails to file within that year the burden of proof becomes more difficult and the benefit received if successful is protection from deportation, not a green card. Additionally, who qualifies as a “refugee” or what actions qualify as “persecution” each have detailed legal definitions. Because of the unique nature of immigration law, many of the rules that determine eligibility for asylum can change with every new president.

To determine whether or not you should file an asylum claim, it is important to consult with an attorney. At the Law Office of Kiran Mahal, we offer a free consult to gather the facts of your case and help you decide whether or not an asylum claim makes sense for you.

USCIS Form I-589: his site contains the form and instructions for filing an asylum claim.