Winning Your Asylum Case

Understanding an asylum application

Asylum may protect a person who cannot return to their home country because of persecution or a well-founded fear of persecution connected to race, religion, nationality, political opinion or membership in a particular social group. Eligibility depends on the facts and applicable law; a fear of harm does not automatically establish an asylum claim.

The application is Form I-589, Application for Asylum and for Withholding of Removal. A one-year filing deadline generally applies, subject to legally recognized exceptions. The correct filing process depends on whether the case belongs before USCIS or an immigration court. Use the current form and instructions, and review all applicable filing and hearing deadlines.

An application should accurately explain the claim and include relevant supporting evidence. Attorney Ned Ogueri can review your history, the evidence available and possible legal barriers. Filing does not guarantee approval, work authorization or freedom from detention. Other forms of protection may involve different requirements.

If you fear returning to your country, seek an individual review promptly. Do not assume that another person’s result or timeline will apply to your case.