The right of asylum is a legal concept that dates back to ancient times and was originally based on the idea that people persecuted by their rulers could find sanctuary in another sovereign entity, such as a second country or an individual who might offer them “sanctuary.” Contemporary asylum law is largely rooted in the 1951 Refugee Convention and its 1967 Protocol.
Asylum seekers can be of any age, gender or socioeconomic status but are most often from regions of the world that experience conflict, disaster or weak rule of law. A person’s legal status can’t fully capture their identity and personality—they are also a teacher, doctor, artist, passionate football fan, father or sister.
In order to win asylum, you must demonstrate that your membership in a protected category—which includes political opinion and religion—is a significant motivating factor or that it is likely that you will face persecution on that basis in the future. To do so, you must submit a full personal statement describing your protected category; how you were persecuted; and what will happen to you if you return to your home country.
A judge at an immigration court will conduct a master calendar hearing to review your case. During this process, you will need to state your language at the hearing and tell the court and the government what relief you are seeking (asylum, withholding of removal or a Convention Against Torture claim). After your asylum interview, USCIS will send you Form I-765 Application for Employment Authorization Document (“EAD”), which authorizes you to work legally in the United States.