Arriving in a new country after leaving everything behind can be an overwhelming experience. If you are in Kentucky and fear returning to your homeland due to persecution, you may have a path to safety through asylum. Before you apply, understanding the fundamental rights in the United States (U.S.) and reviewing the application process are crucial steps toward building a secure future.
What is asylum?
Asylum is a form of protection that the U.S. government grants for those who cannot return to their home country because they have suffered persecution or have a well-founded fear of future persecution. If granted asylum, you will receive permission to live and work in the country legally.
Under U.S. law, you must accumulate one full year of physical presence in the United States after your asylum is granted before your green card can be approved. However, you are permitted to file Form I-485 to apply for lawful permanent residence before reaching that one-year mark, and U.S. Citizenship and Immigration Services (USCIS) will process your application once the timeline is satisfied.
Who qualifies for asylum?
To qualify for asylum, you must prove that you have a well-founded fear of persecution in your home country based on at least one of the following grounds:
- Race: Your ethnicity or specific ancestry.
- Religion: Your personal religious beliefs or the lack thereof.
- Nationality: Your country of citizenship or belonging to a specific national group.
- Political opinion: Your political beliefs, or beliefs that the government or other groups oppose.
- Membership in particular social groups: Your family ties, gender or sexual orientation.
You must clearly connect the persecution you fear to one of these five protected grounds. Simply facing generalized violence or economic hardship is generally not enough to qualify for asylum under U.S. law.
How does the application process work?
Generally, the application for asylum must be initiated within one year of your last arrival in the U.S. Begin the process by filing Form I-589, Application for Asylum and for Withholding of Removal. In this application, you must provide detailed evidence supporting your claim. Once accepted, you will need to attend an interview with an asylum officer or a hearing before an immigration judge to explain your case.
Seeking asylum can be a complex journey with strict deadlines. With the right help, you can build a strong case and ensure you meet all legal requirements on the path toward securing safety in your new life.
