Green Cards Through Asylum
A person within the United States may be granted asylum if he or she can demonstrate a “well-founded fear of persecution” based on (1) political opinion, (2) religion, (3) race, (4) nationality, or (5) membership in a particular social group. A person who is outside the U.S. may apply for refugee status based on this same criteria. The Refugee Act of 1980 conforms U.S. immigration laws with various UN conventions and protocols.
The fear of persecution must be either by the government of his country or by a group that the government is unable to control.
If a person is in removal proceedings before an Immigration Judge, in addition to applying for asylum if he fears persecution, he may also be eligible to apply for withholding of removal and for relief under the Convention Against Torture (CAT). However, in order to qualify for withholding of removal, the person must demonstrate that it is more like than not that he will be persecuted if he is forced to return to his country. This is a higher standard that the “well-founded fear” standard for asylum which can be met if the person has at least a 10% chance of being persecuted.
“I can honestly say that Mr. Carl Shusterman and his team are probably the best in the business when it comes to immigration matters. Carl’s greatest asset is his prior work experience as a former INS prosecutor. My family and I were on the verge of being deported from the United States. Because of Carl’s expertise and dedication, not only are we allowed to remain in this country permanently but are on path of obtaining citizenship…” (More client reviews…)
This page is divided into the following subtopics:
- Success Stories
- Asylum Video
- General Information
- State Department – Asylum Resources
- Asylee Adjustment of Status
- Temporary Protected Status
- Articles and Reports
- Credible & Reasonable Fear FAQs
- Asylum and Human Rights Links
- Female Genital Mutilation
SUCCESS STORIES

ASYLUM VIDEO
GENERAL INFORMATION
- Asylum (USCIS)
- Asylum Eligibility and Applications FAQ (USCIS)
- Services Available for Asylees and Refugees (USCIS)
- Asylum Office Locator (USCIS)
- Immigration Judge Reports — Asylum (TRAC)
- Affirmative Asylum Procedures Manual (USCIS)
- Country-Specific Information (USCIS)
- Annual Flow Report: Refugees and Asylees (5-17-12)
- DHS Refugees and Asylee Statistics
- Asylum Denial Rate Reaches All Time Low – TRAC (September 2010)
- ICE Issues New Procedures for Asylum Seekers as Part of Ongoing Detention Reform Initiatives (12-16-09)
- President Obama Signs Presidential Determination Authorizing Up To 80,000 Refugee Admissions In FY 2010 (9-30-09)
- Presidential Determination No. 2009-32 (September 30, 2009)
- Significant Variation Existed in Asylum Outcomes across Immigration Courts and Judges (GAO 2008)
- USCIS Extends Validity Period of EADs for Refugees (7-11-08)
- Fact Sheet: Traveling Outside the U.S. for Asylum Applicants, Asylees And Persons Who Obtained Their Green Cards Through Asylum (USCIS) – (December 27, 2006)
- Proposed Refugee Admissions for Fiscal Year 2007 – Report to Congress (State Department)
- Asylum Law, Asylum Seekers and Refugees: A Primer – TRAC Immigration (August 7, 2006)
- Immigration Judges and Asylum – TRAC Immigration (July 31, 2006)
- The Asylum Process – TRAC Immigration (August 7, 2006)
- INS Memo on Child Status Protection Act and Asylum (August 7, 2002)
- Country Reports on Human Rights Practices (1999 – Present)
- Country Reports on Human Rights Practices (1993 – 1999)
- International Religious Freedom Reports (2001 – Present)
- Trafficking in Persons Reports (2001 – Present)
ASYLEE ADJUSTMENT OF STATUS
- Implementation of Ngwanyia Settlement Agreement
- AILF ANNOUNCES SETTLEMENT OF ASYLEE ADJUSTMENT LAWSUIT
- Ngwanyia v. Ashcroft (2-12-04) – Complete Text of Decision
TEMPORARY PROTECTED STATUS
ARTICLES AND REPORTS
- Human Rights Watch World Report 2009
- Amnesty International Report 2009
- INS Asylum Officer Training Course (2001)
- Immigration Detainees in Jails in the U.S. (1998)
- New Asylum Laws: Undermining An American Ideal (1998)
- Closing the Asylum Door (by Carl Shusterman & David Neal, 1995)
- Seeking Asylum in the U.S. (by Carl Shusterman & Michael Straus, 1991)
CREDIBLE & REASONABLE FEAR FAQs
ASYLUM AND HUMAN RIGHTS LINKS
- Advocates for Survivors of Torture and Trauma
- Africa Action
- Amnesty International
- Asylumlaw.org – “Helping Win Asylum Cases Worldwide”
- CALS Asylum Case Research Guide – Georgetown University Law Center
- Center for Gender and Refugee Studies
- University of California, Hastings School of Law
- Center for World Indigenous Studies
- CIA World Factbook
- Human Rights First
- Human Rights in China
- Human Rights Internet
- Human Rights Tools
- Human Rights Watch
- One World United States
- PeaceNet
- Physicians for Human Rights
- Refugee Law Center
- University of Minnesota – Human Rights Documents and Materials
- Asylum and Refugee Resources
- U.S. Committee for Refugees and Immigrants
- Womens’ Commission for Refugee Women and Children
- Association For Women’s Rights in Development
- World Huaren Federation (Chinese Diaspora)
FEMALE GENITAL MUTILATION




