Who Qualifies for Asylum in the U.S.? Requirements You Should Know

August 27, 2025

Who Qualifies for Asylum in the U.S.? Requirements You Should Know

If you or someone you love fears returning to your home country because of persecution, you may qualify for asylum in the United States. Asylum provides a path to safety and stability, but the process can be complex and stressful.


At Garcia, Miranda & Gonzalez-Rua, P.A., our South Florida asylum attorneys are dedicated to helping individuals and families understand their rights and apply for protection.


Here’s what you need to know about who qualifies for asylum—and how our legal team can help.


Basic Eligibility for Asylum

To qualify for asylum in the U.S., you must:


✅ Be physically present in the United States at the time of applying
✅ Apply within one year of your arrival (with some exceptions)
✅ Show that you have been persecuted or fear future persecution in your home country
✅ Prove that the persecution is based on at least one of these protected grounds:

  • Race
  • Religion
  • Nationality
  • Political opinion
  • Membership in a particular social group


What Counts as Persecution?

U.S. immigration law does not provide a strict definition of persecution, but it generally includes:


  • Threats of serious harm
  • Physical violence or torture
  • Unlawful detention
  • Violations of human rights
  • Disproportionate punishment for crimes
  • Severe discrimination or harassment that rises to the level of harm


To qualify, you must show that this harm would occur no matter where you relocate within your country.


Exceptions and Special Considerations

You may still qualify for asylum if:


  • You can prove extraordinary circumstances that prevented you from filing within one year
  • You can show changed conditions in your home country that place you at new risk


Why Legal Representation Matters

Asylum cases are complex and highly sensitive. Mistakes in your application, failure to provide sufficient evidence, or missing deadlines can cost you the protection you need. At Garcia, Miranda & Gonzalez-Rua, P.A., our experienced attorneys:


✅ Help gather and present strong evidence
✅ Prepare you for interviews or court appearances
✅ Assist with derivative applications for your spouse and children
✅ Guide you through every step with compassion and care

A family is walking on the beach holding hands.
July 30, 2025
Who Can You Sponsor Through Family-Based Immigration?
A pen is sitting on top of a visa next to an american flag.
July 2, 2025
How to Qualify for an H-1B Visa: Requirements and Tips
Two passports are sitting on top of an american flag
June 4, 2025
Do I Actually Need an Immigration Attorney?
A close up of a visa with an american flag in the background
May 7, 2025
Investor Visa Attorneys in South Florida: Launch Your U.S. Business with Confidence
The American flag is waving in the wind against a blue sky.
March 20, 2025
What Are the Requirements for American Citizenship?
Two men are sitting at a table with a statue of justice and a gavel.
January 31, 2025
Removal Defense Attorneys in South Florida: Protecting Your Right to Stay in the U.S.
A scale of justice is sitting in front of a stack of books.
January 14, 2025
Investor Visa Attorneys in South Florida: Helping You Start and Open a Business in the U.S.
November 7, 2024
Understanding & Breaking Down the Purpose of a U Visa
October 10, 2024
Seeking Protection? We Help Clients File For Asylum In The U.S.
September 12, 2024
What Do I Do If An Immigration Judge Denies My Petition?