Asylum, Withholding of Removal, Convention Against Torture

Asylum is a form of relief from removal, that is, it allows you to remain in the United States while you have asylee status. Asylee status is granted to individuals who are able to demonstrate that they meet the definition of a refugee. A refugee is someone who is unable or unwilling to return to their home country because of persecution or a well-founded fear of future persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. If granted asylum, you have the opportunity to eventually become a lawful permanent resident in the United States.

• To demonstrate eligibility for asylum you must demonstrate all of the following:
• That you were persecuted in the past or that you have a well-founded fear of future persecution. Persecution is a very serious level of harm that may include being beaten, kidnapped, threatened, or killed, or having family members who were harmed that way. It generally does not include lesser forms of harm such as discrimination or harassment. A well-founded fear of future persecution means that there is a ten percent chance or more that you will be harmed.
• The government harmed you or will harm you. Alternatively, you may also demonstrate that you were harmed or that you fear harm by individuals that the government is unable or unwilling to control.
• The harm was or will be on account of your race, religion, nationality, political opinion, or membership in a particular social group.
• You are unable to move to another part of your home country where you would be safe.
• You applied for asylum within one year of entering the United States or that there were extraordinary circumstances that prevented you from filing within one year. Extraordinary circumstances do not include being unaware of asylum.
• You have not been deported in the past.
• You merit a grant of asylum as a matter of discretion.

To apply for asylum, you must complete an Application for Asylum and for Withholding of Removal, Form I-589. You must complete the entire application in English and provide answers to all of the questions. You may type or print your answers, but it must be in black ink. For additional information on completing the Form I-589, please refer to the instructions for the Form.

If you are granted asylum, you and any eligible spouse or child included in your application can remain and work in the United States and may eventually adjust to lawful permanent resident status. Evidence of lawful status is obtained through the Department of Homeland Security. Please refer to the resources provided by USCIS for more information on this process.

To determine if you may be eligible for naturalization or to apply, please see the citizenship and naturalization resources provided by USCIS.

Withholding of removal is a form of relief from removal, however it only guarantees that you will not be returned to your home country. You may be removed to a third country where your life or freedom would not be threatened. There is no derivative status under withholding of removal. Therefore, your spouse and children must file their own applications for withholding of removal.

• To demonstrate eligibility for withholding of removal you must demonstrate all of the following:
• That you were persecuted in the past or that it is more likely than not that your life or freedom would be threatened in the future. Persecution is a very serious level of harm that may include being beaten, kidnapped, threatened, or killed, or having family members who were harmed that way. It does not include lesser forms of harm such as discrimination or harassment.
• The government harmed you or will harm you. Alternatively, you may also demonstrate that you were harmed or that you fear harm by individuals that the government is unable or unwilling to control.
• The harm was or will be on account of your race, religion, nationality, political opinion, or membership in a particular social group.
• You are unable to move to another part of your home country where you would be safe.

To apply for withholding of removal, you must complete an Application for Asylum and for Withholding of Removal, Form I-589. You must complete the entire application in English and provide answers to all of the questions. You may type or print your answers, but it must be in black ink. For additional information on completing the Form I-589, please refer to the instructions for the Form.

If you obtain an order withholding your removal, you cannot be removed to the country where your life or freedom would be threatened. This means that you may be removed to a third country where your life or freedom would not be threatened.