What Are the Criteria for Obtaining Asylum in the United States?

Charles Kuck Blog Leave a Comment

If you left your home country out of fear for your own safety and you have a credible fear to return, you may qualify for asylum in the United States. There are strict criteria that you must meet to be eligible for asylum. Two of the most important requirements are:

  • You were persecuted in your home country in the past or you have a credible fear that you will be tortured or persecuted if you return; and
  • The reason you will be persecuted relates to your religion, political opinion, nationality, membership in a particular social group, or race.

Unfortunately, having a general fear of dangerous situations in your home country is not grounds for obtaining asylum. Your application for asylum may also be denied if immigration officials determine that your own government could protect you from persecution or that you could avoid persecution by moving to a different part of your country.

If you believe that you qualify for asylum, contact the immigration lawyers at Kuck Immigration Partners to discuss your situation. In order for your asylum application to be successful, you will need documentation to prove that your fear of persecution or torture is based on one of the protected grounds listed above.

Our attorneys have filed and won hundreds of asylum cases over the past 27 years. Call 404-816-8611 to schedule a consultation with a green card attorney in Atlanta.

How Do I Begin the Process of Obtaining Asylum?

A smart first step is to consult an immigration lawyer with experience handling asylum cases. Each asylum case is unique, but an attorney from Kuck Immigration Partners can evaluate your situation and provide guidance that is specific to your particular situation.

There are two processes of obtaining asylum: the defensive process and the affirmative process. If you are applying for asylum as a defense against deportation and you are currently in removal proceedings, you would pursue asylum through the defensive process.

In order to apply for affirmative asylum, you must have entered the United States within the past year unless you can demonstrate that:

  • There was a change in circumstances that materially affected your eligibility for asylum or extraordinary circumstances caused a delay in filing; and
  • Given those circumstances, your application was filed within a reasonable timeframe.

You or your immigration attorney must submit Form I-589, Application for Asylum and for Withholding of Removal, to apply for affirmative asylum. You can apply for affirmative asylum regardless of how you arrived in the United States or your immigration status.

To find out if you meet the criteria for obtaining asylum, contact Kuck Immigration Partners. Our attorneys have successfully handled tens of thousands of immigration matters over the past 27 years.


Call 404-816-8611 to schedule a consultation with an immigration. You can learn more about U.S. immigration laws by visiting www.immigration.net

About the Author

Charles Kuck

Managing Partner

Leave a Reply

Your email address will not be published. Required fields are marked *

This site uses Akismet to reduce spam. Learn how your comment data is processed.