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