Question 1

What is asylum?

Accepted Answer

According to UNHCR, Asylum is a form of protection which allows a person to remain in the United States instead of being removed (deported) to a country where he or she fears persecution or harm. Under U.S. law, people who flee their countries because they fear persecution may be eligible to apply for asylum. There are many requirements that an applicant must meet in order to be eligible to apply for asylum. We highly recommend that any person who wants to apply for asylum in the United States to first consult with a qualified immigration attorney to best understand their options.

Question 2

Can I apply for Asylum in the USA if I’m outside of the country?

Accepted Answer

No. Unfortunately, it is not possible to submit an asylum application for the United States if you are currently outside the country. The application can only be filed if you are physically present within the United States and if you are not a U.S. citizen.

Question 3

Can I apply for asylum online?

Accepted Answer

Certainly! While it is possible to apply for asylum online, consider that this option is only available for certain affirmative asylum applicants. There are some situations where it is not available, for example if:
·        You are in proceedings in immigration court or before the Board of Immigration Appeals.
·        You are an unaccompanied alien child and are in removal proceedings.
·         You are among the categories of applicants who must currently file by mail.
·         You already submitted a Form I-589, which is still pending with USCIS.

Question 4

What is an affirmative asylum case?

Accepted Answer

The affirmative asylum process is for individuals who are not in removal proceedings.

Question 5

What is a defensive asylum case?

Accepted Answer

The defensive asylum is the legal process for individuals who are in removal proceedings. Removal proceedings are when the United States government orders that you be removed (deported) from the United States.

Question 6

Are there other forms of protection instead of Asylum?

Accepted Answer

Yes. There are other forms of protection in the United States apart from the defensive asylum, for example the Withholding of Removal and the Convention Against Torture (CAT).

Question 7

What is a Withholding Removal?

Accepted Answer

It is another process you can apply if you are not granted asylum. If you are granted withholding of removal, you will not qualify for a green card, but you will be allowed to remain and work lawfully in the United States.

Question 8

What is Relief under the Convention Against Torture (CAT)?

Accepted Answer

If you fear torture in your home country, you may qualify for another form of relief under the CAT. You must prove that you are more likely than not to be tortured either directly by the government or with the “acquiescence” of the government if returned to your country of origin.

USA Immigration FAQs