An applicant seeking asylum must establish an inability or unwillingness to return to their home country due to a “well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion.”

This entails demonstrating that the applicant’s home country government is unwilling or unable to protect against persecution and that relocation within the country is not a viable option. Asylum applications must be filed within one year of entering the U.S., unless changed circumstances arise after the one-year period, justifying a late filing.

If granted asylum, the successful applicant can secure asylum status for a spouse and any children under 21, even if they are outside the U.S. Additionally, after one year, a successful asylee can apply for a green card and, eventually, U.S. citizenship. It’s crucial to note that asylum is discretionary, and immigration judges have broad authority to approve or deny cases.