Asylum/Withholding of Removal
Those afraid of being persecuted due to their race, religion, nationality, membership in a particular social group, or political opinion if returned to their home country, may qualify for asylum or withholding of removal.
In most cases, individuals may file for asylum within one (1) year of entry into the U.S. Even if individuals cannot meet the one-year filing requirement and cannot demonstrate that they fit within one of the exceptions to the one-year filing requirement, they may still qualify for withholding of removal if they can demonstrate that it is more likely than not that their life or freedom would be threatened in their home country because of their race, religion, nationality, membership in a particular social group, or political opinion.
If granted asylum, spouses and unmarried children under 21 who are included on the asylum application will also receive asylum. Individuals will also be eligible to apply for a green card one (1) year from the date they are granted asylum. Please click here for information on applying for a green card.
If granted withholding of removal, dependent family members will not receive any derivative benefits and must apply for withholding of removal separately. In addition, individuals do not qualify for a green card based on an approval of withholding of removal. However, they will be allowed to remain and work in the U.S. lawfully for an indefinite period of time until such time as the U.S. government determines that they are no longer in danger.