Asylum protects individuals who cannot return to their home country due to fear of persecution. It is one of the most important forms of humanitarian protection available under U.S. immigration law, and it can be sought both affirmatively (before removal proceedings begin) and defensively (as a defense during removal proceedings before an Immigration Judge).
Applicants must demonstrate persecution or fear of persecution based on one of five protected grounds:
Race — persecution targeting a person because of their racial background or ethnic identity
Religion — persecution based on religious beliefs, practices, or identity
Nationality — persecution tied to a person's country of origin or national identity, distinct from citizenship
Political opinion — persecution because of actual or imputed political views, including opposition to a government or powerful group
Membership in a particular social group — persecution targeting members of a defined group sharing a common characteristic that they either cannot change or should not be required to change