Free tool · Immigration Law
Asylum Eligibility: The Elements of a Claim
To be granted asylum in the United States, a person must show that they are a refugee: that they have suffered persecution, or have a well-founded fear of it, on account of race, religion, nationality, membership of a particular social group or political opinion, by the government or by a group that the government cannot or will not control. The protected ground must be at least one central reason for the harm. The applicant must usually file within a year of arriving, and must not be subject to one of the bars (such as persecuting others or a particularly serious crime). Withholding of removal and protection under the Convention Against Torture are alternatives with a higher standard but no deadline. This is an educational illustration with invented facts, and anyone seeking protection should speak to a licensed immigration lawyer or an accredited representative.
Tool · Asylum Eligibility Checker
On these facts the asylum elements appear to be met, subject to credibility, evidence and discretion.
Presence: The applicant is in the United States or at a port of entry.
Persecution or well-founded fear: A well-founded fear of future persecution must be both subjectively genuine and objectively reasonable: a real possibility of persecution (even a one-in-ten chance can be enough, INS v Cardoza-Fonseca), shown by credible testimony and evidence.
Harm that amounts to persecution: The harm is serious enough: threats to life or freedom, serious physical harm, torture, or severe economic or other discrimination.
On account of a protected ground: The applicant is persecuted, or fears persecution, because of a protected ground.
Central reason (nexus): The protected ground was at least one central reason for the harm.
Who is responsible: Persecution by the government.
Internal relocation: Internal relocation is not a reasonable option.
One-year filing deadline: The application was filed within one year.
Bars: None of the statutory bars applies.
- The applicant may be eligible for other forms of relief or status. A licensed immigration lawyer or accredited representative should be consulted.
Walks through the elements of an asylum claim under US law: persecution or a well-founded fear of it, on account of a protected ground, by the government or by someone it cannot or will not control, with no safe internal relocation, filed within a year, and no bar. It also shows withholding of removal and Convention Against Torture protection as alternatives. Invented facts and simplified rules: a teaching aid, never a basis for a real decision, and not legal advice. Anyone seeking protection should speak to a licensed immigration lawyer or an accredited representative. Runs in your browser; nothing is stored or sent.
How to use it
- Say what has happened or is feared, and whether it is serious enough to be persecution.
- Choose the protected ground, and say whether it was a central reason.
- Say who is responsible, and whether the person could safely relocate.
- Say whether the application was filed within a year, and whether any bar applies.
Common questions
What is a particular social group?
A group of people who share a common immutable characteristic (or one that they should not be required to change), defined with particularity and seen as distinct in their society. The law in this area is contested.
Is the one-year deadline absolute?
No. Changed circumstances (in the country or in the applicant’s situation) or extraordinary circumstances can excuse a late filing, but the applicant must file within a reasonable time after.
What is the difference between asylum and withholding of removal?
Asylum is discretionary, has a deadline and can lead to a green card. Withholding has no deadline but needs a higher likelihood of persecution (more likely than not), is mandatory if shown and does not lead to permanent residence.
Learn the law behind the tool
This tool is part of our Immigration Law course, with lectures, concept maps, flashcards, interactive exercises and a capstone case. Immigration Law: Asylum and Humanitarian Protection.
More free law tools
General information, simplified, mainly on American law, not legal advice. States and countries differ, and real cases turn on facts that a tool cannot capture.