To be granted asylum, a person must demonstrate that he or she is a “refugee,” that he or she is not barred from asylum for any of the reasons listed in our immigration laws, and that the decision-maker should grant asylum as a matter of discretion.
A person who meets the refugee definition may be granted asylum in the United States if they are not barred from asylum for any of the reasons listed in section 208 of the Immigration and Nationality Act and if the adjudicator decides that they should be granted asylum as a matter of discretion. Some people who need asylum will have their cases decided at the Asylum Office and others will have their cases decided at the Immigration Court. The standard for asylum is the same in both places.
Changes may occur in this area of law. The information provided is brought to you as a public service, and is intended to help you better understand the law in general. It is not intended to be legal advice regarding your particular problem or substitute for the advice of a lawyer.