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If you are a potential immigrant already in the United States (legally or illegally) or you’re applying for admission at its borders, you may petition the government for asylum by demonstrating you have a “well-founded fear of persecution” in your home country, based on race, religion, nationality, membership in a social group, or political opinion. Proving you belong in one of these protected categories can be complicated, because the legal definitions of well-founded fear and persecution are vague at best. We strongly recommend you seek the advice of a qualified immigration attorney. (You can find out more about hiring qualified and ethical help in Chapter 7.)

In most cases, if you’re seeking to enter the United States and you indicate a desire to seek asylum, the Directorate of the Department of Homeland Security (DHS) places you in expedited removal, where an asylum officer from the USCIS determines whether you have a credible fear. If the asylum officer determines that you do have a credible fear, you’re allowed to apply before an immigration judge (who is part of the Department of Justice).

Although the USCIS won’t grant work authorization for the first 150 days after the filing of an asylum claim (unless, of course, asylum is granted in the meantime), work authorization is automatic for cases on the docket longer than 180 days — as long as you’re not the one who caused the delay.

Be sure to file your asylum application within one year after entering the United States. Failing to file the application on time can result in rejection of the claim and removal from the United States. After one year, applications will only be considered in certain cases of changed or extraordinary circumstances. You may still be eligible for withholding of removal, but it is only a temporary form of relief, from which you cannot gain permanent residence.

If you have held asylum status for at least one year, you may be eligible to adjust your status to lawful permanent resident by filing an application to adjust status (currently Form I-485). You will be required to provide evidence that you were physically present in the United States as an asylee for at least a total of one year prior to filing the adjustment of status application. For this reason, keeping important paperwork throughout the immigration process is essential. Examples of documents that can help prove physical presence include

 A copy of your USCIS or DHS Arrival-Departure Record (Form I-94), obtained when you first entered the country

 A clear copy of the letter granting your asylum status

 Any documentation of the conditions being removed (if you were originally granted conditional asylum)

 Copies of documents covering large periods of time, such as apartment leases, school enrollment records, or letters of employment

If you arrived in the country before March 1, 2003, the former Immigration and Naturalization Service (INS) processed your Arrival-Departure Record. If you arrived any time after March 1, 2003, the Bureau of Customs and Border Protection (CBP), part of the Department of Homeland Security, administered your Arrival-Departure Record.