Asylum Eligibility: Persecution, Protected Grounds and the One-Year Deadline

Asylum protects people who are already in the United States or at the border and who fear harm in their home country. The law sets out what you must prove, and a strong application tells a clear, honest and well supported story.

The legal definition

To qualify, you must show that you are unable or unwilling to return to your country because of past persecution or a well-founded fear of future persecution. The harm must be connected to one of five protected grounds.

The five protected grounds

Race.
Religion.
Nationality.
Membership in a particular social group.
Political opinion, including opinions that others impute to you.

What counts as persecution

Serious harm, such as violence, torture, detention, severe threats or severe discrimination.
Harm by the government, or by a group the government cannot or will not control.
Harm that is tied to your protected characteristic, not only general crime or violence.

Future fear

If you were not harmed in the past, you can still qualify if there is a reasonable possibility that you would be harmed if you return. Country reports, news and expert statements often help.

Internal relocation

Officers consider whether you could live safely elsewhere in your country. Evidence that the danger is nationwide, or that relocation would be unreasonable, is important.

One-year deadline

Asylum applications generally must be filed within one year of the last arrival in the United States. Exceptions exist for changed circumstances or extraordinary circumstances. Proof of the date of arrival and any reason for delay matters.

Bars

Firm resettlement in another country.
Persecuting others.
Certain serious crimes.
Security grounds.

Related: asylum process and evidence.

Asylum guide

How our firm helps with asylum

We evaluate your story and the legal grounds, and tell you honestly how strong the case is.
We build the evidence: a detailed declaration, witnesses, documents and country condition research.
We prepare you for the interview or hearing and stand with you throughout.
We handle the one-year deadline and defend the case in immigration court when required.
We plan for family members and the green card after approval.

Situations we handle

People who fear persecution
Applicants past the one-year deadline
Defensive asylum in court
Families with children included in the case

Why clients choose our firm

A Texas-licensed attorney serving immigration clients in all 50 states.
Russian-language service for clients and families.
Clear communication and updates through our client portal.
A full review of your history before anything is filed, so problems are caught early.
Organized filings and representation through interviews, requests for evidence and appeals.

Get help with asylum

Every case has its own facts. Request a consultation and we will review your situation, options and timeline.

This page is general information, not legal advice, and reading it does not create an attorney-client relationship. Immigration rules, policies and fees change often. Last updated: November 2026.