What is Political Asylum?

Political asylum is a form of legal protection that host countries grant to people who flee harm or persecution, or the fear of it, in their place of origin. It’s based on the principle of non-refoulement (meaning, you can’t be sent back to a country where you could face persecution) and international law including the 1951 Refugee Convention and its 1967 Protocol.

Asylum is a complicated legal process. Most people who apply for it are not granted asylum. The decision is based on evidence, not just a person’s story or past experiences. You have to prove that you will be a target for persecution and that it is dangerous for you to return home because of one or more of the five protected grounds: race, religion, nationality, political opinion, or membership in a social group.

Your asylum application should include documents that support your claim, such as government records, articles or reports from news outlets, a statement from someone who knows about conditions in your country of origin, and/or membership cards from groups you belong to. It is also helpful to have your family members join the case. This will ensure that you and your immediate family are treated together by the immigration judge, listed on the same court notices, and have the same status in the US.

To qualify for asylum, you must apply during the first year after you arrive in the United States. However, if you are already in removal proceedings because of your lack of status, such as TPS or parole and you have a credible fear of persecution, you can request that the immigration judge pause your case to consider your asylum application.