Is it possible to seek asylum while in the USA with a visitor visa, and how?

Yes, it is possible to seek asylum in the United States while on a visitor visa. In fact, anyone physically present in the US, regardless of their immigration status, can apply for asylum. However, there are specific procedures and considerations to keep in mind:

Eligibility for Asylum:

To be eligible for asylum in the US, you must meet the following criteria:

• You have a well-founded fear of persecution in your home country based on one of the five protected grounds:
  • Race
  • Religion
  • Nationality
  • Political opinion
  • Membership in a particular social group
• You cannot be firmly resettled in another safe country.

Seeking Asylum with a Visitor Visa:

There are two main ways to seek asylum while on a visitor visa:

1. Affirmative Asylum: This involves filing Form I-589, Application for Asylum and for Withholding of Removal, with USCIS within one year of your arrival in the US. You can do this by mail or in person at a USCIS field office.
2. Defensive Asylum: If you are already in removal proceedings before an immigration judge, you can apply for asylum as a defense against deportation.

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