Asylum
What does "Asylum" mean in law?
Asylum is a form of protection granted to individuals physically present in the United States (or at a port of entry) who demonstrate a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, as defined under INA section 208 and the 1951 Refugee Convention. An applicant must file within one year of arrival unless extraordinary circumstances apply, and must establish either past persecution or a well-founded fear of future persecution by the government of their home country or by actors the government is unable or unwilling to control. The standard for well-founded fear, as interpreted by the BIA, requires showing a reasonable possibility of persecution -- even a 10% chance may suffice under INS v. Cardoza-Fonseca (1987). Asylum grants the right to remain in the United States, work authorization, and eventual eligibility for LPR status after one year.
Definition
Asylum is a form of protection granted to individuals physically present in the United States (or at a port of entry) who demonstrate a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion, as defined under INA section 208 and the 1951 Refugee Convention. An applicant must file within one year of arrival unless extraordinary circumstances apply, and must establish either past persecution or a well-founded fear of future persecution by the government of their home country or by actors the government is unable or unwilling to control. The standard for well-founded fear, as interpreted by the BIA, requires showing a reasonable possibility of persecution -- even a 10% chance may suffice under INS v. Cardoza-Fonseca (1987). Asylum grants the right to remain in the United States, work authorization, and eventual eligibility for LPR status after one year.
Example
A journalist from Honduras who was threatened by a cartel for reporting on corruption files an affirmative asylum application with USCIS within one year of arrival, alleging persecution on account of her membership in a particular social group.