Question 1

What qualifies as persecution for asylum?

Accepted Answer

Persecution includes serious harm or threats based on race, religion, nationality, political opinion, or membership in a particular social group. Examples include physical violence, imprisonment, torture, severe discrimination, and credible death threats from government or groups the government cannot control.

Question 2

What is the one-year filing deadline for asylum?

Accepted Answer

You must file your asylum application within one year of arriving in the United States. Exceptions exist for changed country conditions, extraordinary circumstances such as serious illness, and previously filed applications. Missing this deadline requires strong documentation of an applicable exception.

Question 3

Can I apply for asylum if I entered the U.S. illegally?

Accepted Answer

Yes. Manner of entry does not bar you from applying for asylum. You can apply regardless of how you entered the United States, as long as you are physically present in the U.S. and meet the other asylum requirements.

Question 4

What is the difference between affirmative and defensive asylum?

Accepted Answer

Affirmative asylum is filed proactively with USCIS before being placed in removal proceedings. Defensive asylum is raised as a defense in immigration court during removal proceedings. Both require proving persecution on a protected ground.

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