Asylum and Temporary Protected Status (TPS)
What is Asylum?
Asylum status provides legal protection for individuals who have fled their home country and fear returning. Only those already in the U.S. can apply, and they must generally do so within one year of entry, with limited exceptions.
To qualify for asylum, an applicant must demonstrate:
Past persecution or a well-founded fear of future persecution
Harm connected to one of five protected grounds: Race, Religion, Nationality, Political Opinion, or Membership in a Particular Social Group
That the harm was caused by the government or groups the government cannot control
What Asylum Does Not Cover
Asylum does not cover fleeing war, civil disturbances, widespread violence, unstable governments, discrimination, government corruption, or poor economic conditions alone. Applicants must show specific personal reasons for persecution — general statements about a country being dangerous are not sufficient.
If You Are Granted Asylum, Can You Apply for Your Family Member?
Yes. If you have been granted asylum status in the United States, you may be able to petition for your spouse and unmarried children under 21 through Form I-730. This process allows eligible family members to obtain derivative asylum in the United States. Our office can help determine eligibility and guide you through the application process.
How to Apply for Asylum
1. Filing Directly with USCIS Asylum Office
File Form I-589 within one year of entry to the United States.
2. Requesting Asylum at the Border
Present yourself at the border and request asylum. This may involve a credible fear interview.
3. Defending Against Deportation
Seek asylum in immigration court as a defense in removal proceedings.
Benefits of Asylum
Work authorization after 150 days from filing
Family members can be included as derivative applicants
Eligible for permanent resident status (green card) after one year
What is Persecution?
Persecution is generally defined as the infliction of suffering or harm, or a serious threat to life or freedom. It includes death threats, torture, imprisonment, surveillance, forced participation in illegal activity, and discrimination in housing, education, or passport issuance.
Mere harassment is insufficient. The threat must be nationwide — applicants cannot simply be expected to relocate internally to avoid harm.
The Five Protected Grounds
Race, Religion, Nationality — These are self-explanatory categories.
Political Opinion — Holding views the authorities do not tolerate. Requires evidence that authorities knew about the opinions (public speaking, writing, protest participation). Can include LGBTQ rights advocacy, labor union activity, feminist views, or 'imputed political opinion' where authorities wrongly assume opinions.
Membership in a Particular Social Group — The most complex category. Groups share fundamental characteristics members cannot change, have distinct boundaries, and are socially recognized. Examples include tribes, social classes, family relationships, women who have faced domestic violence, LGBTQ identities, and witnesses to gang violence.
Does Persecution Need to Come from the Government?
No. Persecution by groups the government cannot control — such as guerrillas, paramilitary organizations, or vigilantes — qualifies if it has a political or social basis. However, criminal persecution for purely personal reasons does not qualify under asylum law.
Temporary Protected Status (TPS)
Temporary Protected Status (TPS) is a form of temporary immigration relief available to people from specific countries designated by the U.S. Department of Homeland Security. TPS protects foreign nationals from deportation when their home countries become unsafe due to civil war, natural disasters, or other extraordinary conditions. It provides work authorization and travel permission.
Currently eligible countries include:
Ukraine, Burma (Myanmar), Venezuela, Syria, South Sudan, Sudan, Yemen, Somalia, Nicaragua, Nepal, Haiti, El Salvador, and Honduras.