Asylum Protection
Legal Review by J. Rivera, Immigration Attorney, J.D.ARDC: 0000000•Updated Jun 25, 2026
Asylum protects people already in the United States who fear persecution in their home country based on race, religion, nationality, political opinion, or membership in a particular social group. Most applicants must file within one year of their last arrival, with limited exceptions. A grant of asylum can lead to a green card after one year.
Who qualifies
You may qualify if you have suffered persecution or have a well-founded fear of future persecution on account of a protected ground.
The protected grounds are race, religion, nationality, political opinion, and membership in a particular social group.
The one-year deadline
Most applicants must apply within one year of arriving in the United States.
Limited exceptions exist for changed or extraordinary circumstances, so it is important to seek advice quickly if the deadline has passed.
Affirmative and defensive asylum
Affirmative asylum is filed with USCIS by people who are not in removal proceedings.
Defensive asylum is raised as a defense before an immigration judge for people who are in removal proceedings.
Related Topics
Frequently Asked Questions
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The editorial team researches and writes plain-language immigration information, drawing on official government sources and reviewing each page for clarity and accuracy.
Sources & Citations
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