TABLE OF CONTENTS

WHERE TO FILE

USCIS Online Tool to Determine Where to File Asylum App.

Form I-589 Filing Instructions Tool | USCIS

Filing Asylum w/ USCIS, Special Filing Instructions — Asylum Vetting Center

1-Year Filing Deadline

8 CFR §1208.4(a)(2)

Calculated from the date of the alien's last arrival in the United States or April 1, 1997, whichever is later.

ASYLUM TOPICS

REFUGEE

CREDIBLE FEAR INTERVIEW

Establishing Eligibility

Particular Social Group

Withholding of Removal

Convention Against Torture (CAT)

Persecution

PROTECTED GROUND

UNABLE OF UNWILLING TO CONTROL

REGULATIONS

8 CFR §1208.4 Filing the application

8 CFR § 1208.4(a)(4) Changed Circumstances

(i) The term “changed circumstances” in section 208(a)(2)(D) of the Act shall refer to circumstances materially affecting the applicant's eligibility for asylum. They may include, but are not limited to:

(A) Changes in conditions in the applicant's country of nationality or, if the applicant is stateless, country of last habitual residence;

(B) Changes in the applicant's circumstances that materially affect the applicant's eligibility for asylum, including changes in applicable U.S. law and activities the applicant becomes involved in outside the country of feared persecution that place the applicant at risk; or

(C) In the case of an alien who had previously been included as a dependent in another alien's pending asylum application, the loss of the spousal or parent-child relationship to the principal applicant through marriage, divorce, death, or attainment of age 21.

(ii) The applicant shall file an asylum application within a reasonable period given those “changed circumstances.” If the applicant can establish that he or she did not become aware of the changed circumstances until after they occurred, such delayed awareness shall be taken into account in determining what constitutes a “reasonable period.”

8 CFR § 1208.13 Establishing asylum eligibility.

8 CFR §1208.16 Withholding of removal under section 241(b)(3)(B) of the Act and withholding of removal under the Convention Against Torture.

8 CFR §1208.17 Deferral of removal under the Convention Against Torture.

ASYLUM GENERALLY

  1. Asylum Generally
    1. Eligibility
      1. Persecution
      2. Particular Social Group
    2. Bars to Asylum
      1. One-Year Rule
      2. Aggravated Felonies
      3. Other Criminal Convictions
      4. Safe Third Country
      5. Important Case Law
  2. Affirmative Asylum Process
  3. Defensive Asylum Process
  4. Credible Fear
  5. Alternatives to Asylum
    1. Withholding of Removal
    2. CAT Protection