Who Qualifies for Asylum in the United States?

Asylum is one of the strongest protections in –≠U.S. immigration law. It offers safety to people who cannot return to their home country because of persecution—or a well-founded fear of persecution—based on specific protected grounds. For many, it represents the only path to stability, safety, and the chance to build a future in the United States.

At Brudner Law, we assist with affirmative asylum cases only, helping clients apply directly through U.S. Citizenship and Immigration Services (USCIS). Our team provides compassionate guidance and careful preparation to navigate this complex process.

If you’ve left your home country because of danger, you may wonder: do I qualify for asylum in the United States?

What is Asylum?

Asylum is a legal protection for individuals who cannot safely return to their country of origin. There are two main types:

• Affirmative Asylum – Filed proactively while already in the U.S. through USCIS. This is the process Brudner Law focuses on.
• Defensive Asylum – Requested as a defense to removal when facing deportation, handled in immigration court.

While both offer similar protections, the procedures are different. Affirmative asylum requires careful preparation, detailed evidence, and strong legal strategy from the start.

Learn more from USCIS – Obtaining Asylum in the U.S..

What Is Affirmative Asylum?

Affirmative asylum is requested proactively by individuals who are already inside the United States. Applicants file directly with USCIS and attend an interview with an asylum officer, rather than appearing before a judge in court.

The process includes:

• Filing Form I-589 (Application for Asylum and for Withholding of Removal).
• Attending biometrics appointments for fingerprinting and background checks.
• Completing a detailed interview with a USCIS asylum officer.
• Receiving a decision from USCIS.

Learn more about the USCIS asylum process here.

Who Qualifies for Asylum in the U.S.?

To qualify, applicants must show they cannot return to their home country because of past persecution or a well-founded fear of future persecution due to:

• Race
• Religion
• Nationality
• Political Opinion
• Membership in a Particular Social Group (PSG) – Common examples include LGBTQ+ individuals, survivors of domestic violence, ethnic minorities, or journalists facing retaliation.

In addition, applicants must:

• Be physically present in the U.S. or arriving at a U.S. port of entry.
• File for asylum within one year of arrival, unless they qualify for exceptions due to changed or extraordinary circumstances.

This “one-year filing deadline” is one of the most common challenges in asylum cases—and missing it can make otherwise strong claims ineligible.

Who Doesn’t Qualify for Asylum

Even if you meet the general requirements, some bars to eligibility may apply:

• Late filing without an accepted exception.
• Safe third-country agreements – If you could have sought protection elsewhere before reaching the U.S.
• Certain criminal convictions for serious or aggravated felonies.
• Participation in persecution – If you harmed or assisted in harming others based on protected grounds.
• Terrorism or national security concerns.
• Prior asylum denials without significant new evidence or changed conditions.

Review official USCIS asylum eligibility bars.

Evidence That Strengthens an Asylum Case

Strong evidence is key to a successful asylum claim. Supporting materials may include:

• Personal declarations detailing past harm or fear of future persecution.
• Country condition reports from governments, NGOs, or human rights groups.
• Medical or psychological evaluations to document trauma or abuse.
• Police reports, affidavits, or witness statements supporting your claim.

At Brudner Law, we work closely with clients to gather and organize this evidence so it tells a consistent, persuasive story during the USCIS interview.

See the USCIS Asylum Evidence Guide for examples of documentation.

Common Challenges in Asylum Cases

Even strong cases face hurdles. Some of the most common challenges include:

• Missed filing deadlines (the one-year rule).
• Inconsistent testimony between application materials and the USCIS interview.
• Insufficient documentation—vague or unsupported claims rarely succeed.
• Changed country conditions that weaken claims of ongoing danger.

Our role is to anticipate these challenges, prepare thoroughly, and ensure your application is clear, consistent, and supported.

Explore our Waivers & Appeals services for guidance if your asylum claim faces obstacles.

FAQs About Affirmative Asylum

Q: Can I apply if I entered the U.S. without a visa?

Yes. Asylum is based on presence in the U.S., not the method of entry.

Q: What if I missed the one-year deadline?

You may still qualify if you can show changed conditions in your country or extraordinary personal circumstances.

Q: Can my spouse and children be included?

Yes. Certain family members may be added as dependents on your application.

Q: How is asylum different from refugee status?

Refugee status is applied for abroad, before entering the U.S. Asylum is requested once you are already inside the United States.

A Safer Future Starts with the Right Guidance

Applying for affirmative asylum is never simple, but with the right preparation and support, your claim can be as strong as possible.

At Brudner Law, we help clients across California file with USCIS, prepare for interviews, and navigate each step of the process with care and strategy.

If you believe you may qualify, don’t wait. Deadlines matter.

Contact Brudner Law today to schedule a private consultation and begin your affirmative asylum application with experienced guidance.