News & Insights

What is Asylum?

Asylum is a humanitarian protection for individuals who fear returning to their home country due to persecution based on:

• Race
• Religion
• Nationality
• Membership in a particular social group
• Political opinion

Eligibility Requirements:

• You must file within one year of entering the U.S. (unless exceptions apply).
• You must demonstrate a credible fear of persecution if returned to your home country.

Process:

• File Form I-589 (Application for Asylum and Withholding of Removal).
• Attend an interview or a court hearing for adjudication.

Benefits:

• If granted, you receive a path to permanent residency (green card) after one year.
• You can include certain family members in your application.
• Work authorization eligibility after 150 days of filing.

Challenges:

• High burden of proof to demonstrate credible fear.
• Processing times can be long.
• Denial can result in removal proceedings.

What is VAWA?

The Violence Against Women Act (VAWA) allows certain noncitizens who have been victims of abuse to self-petition for legal status in the U.S. without relying on the abusive spouse, parent, or adult child.

Eligibility Requirements:

• You must be a victim of battery or extreme cruelty committed by:
  • A U.S. citizen or lawful permanent resident (LPR) spouse.
  • A U.S. citizen or LPR parent.
  • A U.S. citizen adult child.
• You must have lived with the abuser at some point.
• You must demonstrate good moral character.

Process:

• File Form I-360 (Petition for Amerasian, Widow(er), or Special Immigrant).
• Provide evidence of abuse and relationship to the abuser.

Benefits:

• Protection from deportation while the application is pending.
• Eligibility for work authorization.
• Path to a green card if approved.

Challenges:

• Requires evidence of abuse and a qualifying relationship.
• Abuse victims may face emotional and logistical difficulties in gathering evidence.

How to Decide Which Option is Better?

The best option depends on your specific circumstances:

Choose Asylum If:

• You face persecution in your home country based on one of the protected grounds.
• You cannot safely return to your country and need immediate protection in the U.S.
• You entered the U.S. recently (within one year).

Choose VAWA If:

• You are experiencing abuse from a U.S. citizen or LPR spouse, parent, or child.
• You have lived with the abuser and can provide evidence of the abuse.
• You seek a path to legal status independent of the abusive family member.

Both Options Are Complex:

• Asylum cases depend on conditions in your home country and require a well-documented fear of persecution.
• VAWA cases focus on proving abuse and the qualifying relationship.

Success Rates

Success rates vary between the two options:

• Asylum: Success rates vary depending on the country of origin, quality of evidence, and representation by an attorney.
• VAWA: Cases tend to have higher approval rates when properly documented because they do not require proving persecution, only abuse and eligibility.

Conclusion

Both asylum and VAWA cases offer valuable protections but serve different purposes. Carefully evaluate your situation and seek the guidance of an experienced immigration attorney to decide which option is best for you.

For more information, visit:

• USCIS Asylum Information
• USCIS VAWA Information