Immigration FAQs

Both asylum and refugee protection are for people facing persecution based on race, religion, nationality, political opinion, or membership in a particular social group. The key difference is timing: A refugee applies for protection from OUTSIDE the United States before entering the country. An asylee applies for protection from INSIDE the United States. Once granted, both refugees and asylees receive the same benefits and can eventually apply for permanent residency and citizenship.

No, the persecutor does not have to be the government. Persecution can come from non-governmental actors, including gang members, traffickers, domestic abusers, or other private parties — as long as the government is unwilling or unable to control them. What matters is that you have been or will be persecuted based on one of the five protected grounds (race, religion, nationality, political opinion, or particular social group).

You must file an asylum application (Form I-589) within ONE YEAR of arriving in the United States. This is a strict deadline with very limited exceptions. If you miss the one-year deadline, you generally lose your right to asylum. Additionally, if you have been in the U.S. for more than one year without filing, you must demonstrate that you have an ongoing asylum case or were in continuous physical presence to qualify for asylum or withholding of removal.

Yes. You can apply for asylum regardless of your immigration status when you arrive. You can be undocumented and still eligible for asylum. However, the one-year deadline still applies, so it is critical to file your asylum application as soon as possible. If you have been in the U.S. for more than one year without filing, you may have missed your deadline, but there are limited exceptions — consult with an attorney immediately.

If your asylum application is denied, you may be placed in removal proceedings. Depending on the circumstances, you may have the right to appeal to the Board of Immigration Appeals (BIA) within 30 days, or you may be able to file a motion to reopen or reconsider. You may also be eligible for withholding of removal or relief under the Convention Against Torture (CAT). It is crucial to have an attorney at every step, as these options have strict deadlines and requirements.