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Asylum And Refugees

Every year, thousands of foreign nationals who have already arrived in the U.S. seek asylum. Asylum can be sought through a complex application process with the Citizenship and Immigration Services (USCIS). Asylum can be granted to those seeking our government’s protection from persecution.


If you have a reasonable fear of persecution and you were admitted or paroled as an asylee or refugee for at least one year, you may apply for a green card.


  • Reasonable fear means that the immigrant has a good reason to fear that persecution will happen in the future. 

  • Persecution means that the harm that an asylum seeker is afraid of is severe enough to be considered a serious violation of human rights. However, loss of money or employment, difficult financial situations or small restrictions on liberty are not sufficient to constitute persecution. 


An asylum seeker can qualify for asylum if he or she has a reasonable fear of persecution

based on the following grounds:

  • Religion

  • Race

  • Political opinions

  • Membership in social groups

  • Nationality


Religion, race and national origin are easy to understand. However, asylum based on political opinion does not necessarily require a political opinion. It can be a non-political opinion or an imputed political opinion. 


A particular social group is a group of people with (1) common, (2) immutable characteristics that cannot be changed or should never be forced to change, (3) that is socially visible and particularly distinct.  Examples of particular social groups are: tribal and ethnics groups, female victims of domestic violence, LGBTQ people, social classes.

Migrants seeking asylum

Asylum Application Process

When you enter to the U.S, you need to follow the following steps:


  • Within one year of arriving in the U.S., file Form I-589, Application for Asylum and for Withholding of Removal with U.S.C.I.S

  • Complete the fingerprinting and background checks..

  • Receive notice for an interview at an asylum office or a USCIS office. 

  • Attend the interview. 

  • Receive a decision on your case. 


If you have experienced persecution or have reasonable fear of persecution because of the above-mentioned grounds, please contact De Maio Law. We have the necessary  experience to assist you in the asylum process and guide you through the process with care and expertise.

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