Who Can Apply for Asylum in the United States?

October 18, 2024

Who Can Apply for Asylum in the United States?

Asylum offers protection to individuals who have fled their home countries due to fear of persecution, allowing them to seek safety in the United States. However, not everyone qualifies for asylum, and the process can be complex. At Bilbao Law, we provide legal assistance to immigrants in the United States, helping them understand whether they are eligible for asylum and guiding them through the application process.


Eligibility for Asylum


To apply for asylum in the United States, you must meet specific criteria:


  1. Fear of Persecution
    : You must have a well-founded fear of persecution in your home country. This persecution must be based on one or more of the following grounds:
  • Race
  • Religion
  • Nationality
  • Political opinion
  • Membership in a particular social group
  1. Presence in the United States: Asylum can only be sought by individuals who are physically present in the U.S. or arriving at a U.S. port of entry. You can apply for asylum regardless of your immigration status, even if you entered the country unlawfully.
  2. Application Deadline: You must file for asylum within one year of your arrival in the United States. However, exceptions can be made if there are changes in circumstances that affect your eligibility or if there are extraordinary circumstances that prevented you from applying sooner.
  3. Persecution by Government or Non-Governmental Entities: The persecution you face must come from the government of your home country or from groups that the government is unwilling or unable to control.


Benefits of Asylum


If granted asylum, you will be allowed to remain in the United States and eventually apply for permanent residency. Additionally, you can work legally, apply for a Social Security card, and request asylum status for your spouse and children.


How Bilbao Law Can Help


Applying for asylum can be an overwhelming process, with strict deadlines and specific requirements. At Bilbao Law, we provide legal assistance to immigrants seeking asylum in the United States. Our team will work closely with you to assess your eligibility, prepare your application, and represent you throughout the process.


If you or a loved one is considering applying for asylum, contact Bilbao Law today to learn how we can assist you in securing protection and safety in the United States.

September 26, 2025
Picture this: you get into a car accident. You report it. The report backs up your claim. Through a personal injury claim, you can gain money to repair the injuries you suffered during the accident. While this process seems relatively straightforward, immigrants often face hesitation when reporting incidents. Pursuing a claim can feel like drawing unnecessary attention to yourself as an immigrant, even as a documented immigrant. However, as a personal injury lawyer can share, injury claims often run independently of immigration claims. Common Fears For Immigrants An immigrant may be hesitant to report an injury accident for fear of deportation or detention. Again, this can be a common fear regardless of status. Additionally, immigrants may be concerned that being involved in something like a car accident will trigger court proceedings about their immigrant status. Finally, cultural and language barriers can cause further confusion around the laws in this area. However, our friends at Cohen & Cohen are here to clear this up. Legal Protection For Immigrants Laws vary from place to place. In general, immigration status does not prevent someone from filing a personal injury claim. However, it cannot be stressed enough that this varies from jurisdiction to jurisdiction. It is best to contact a lawyer in your area for more information to see if this holds for where you live. Most courts have actually upheld principles stating that even undocumented immigrants can sue for damages in personal injury cases. In fact, many courts have imposed strict rules that prevent a person’s immigration status from being part of an injury case to protect immigrants. It is also important to note that civil courts and immigration enforcement are separate systems. Personal injury cases fall under civil courts. Additionally, many personal injury cases are settled privately with the help of an attorney to negotiate on your behalf with insurance companies. These types of cases (as in settlement cases) never even make it to court. While other cases that are not settled prior to legal proceedings do go to court, immigration status is rarely a cornerstone of the case. Additionally, if you are an undocumented immigrant and are a victim of criminal conduct within your case, such as being hit intentionally by a vehicle, various visas and even acts protect your rights. However, these are dependent upon the type and severity of your case. Consequences Of Not Reporting If you do not report an injury accident, you may find yourself suffering complications from untreated injuries. Sometimes, a person walks away with minimal scratches and decides not to report their injury or seek medical attention. When this is done, it is very easy for severe medical conditions to not manifest themselves until much later, when they are harder to manage. As those medical bills begin to mount, it is easy to find yourself drowning in a sea of debt. A personal injury case can help overcome that by covering medical expenses, lost wages, and even pain and suffering you have experienced. Finally, if you delay reporting your case and decide to do so later, you will find it harder to prove. In fact, insurance companies will try to claim that the pains you experience later happened after the accident since you waited to report them. If you are injured in an accident, contact an attorney. Discuss with them the specifics of your case, and see if immigration status will play a role. A knowledgeable attorney near you will be able to help.
Woman at a desk with a laptop and U.S. flag, signing documents with a client.
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For many immigrants, receiving a Notice to Appear (NTA) in immigration court can be one of the most stressful moments of their lives. The NTA is the document that starts the deportation process. It assigns you a court and a hearing date, and from that moment forward, the government is formally seeking to remove you from the United States. Unfortunately, many people facing deportation make critical mistakes that can jeopardize their future. Understanding the process and knowing what to avoid can mean the difference between being ordered deported and building a successful path toward permanent residence. Below are the top three mistakes people in immigration court often make: 1. Waiting Until the Last Minute to Get Legal Help One of the biggest misconceptions people have is that they can “wait and see” until their hearing date before finding an attorney. Immigration court cases often take one or two years before a first hearing is scheduled. That timeline gives a false sense of security — but in reality, you need to prepare from the moment you receive your NTA. At your first hearing, you will be asked to respond to the government’s charges against you. This is a critical moment, because your attorney can challenge whether you are truly deportable and can begin exploring what immigration relief may be available to you. Relief options, such as applying for a green card through marriage to a U.S. citizen, can take years to process. If you wait too long to start, you may not have the necessary applications, evidence, or approvals in time. A judge may deny your case and order your removal simply because you were unprepared. 2. Taking Advice from TikTok, YouTube, or Friends Immigration law is one of the fastest-changing areas of law in the United States. Policies shift with every administration, regulations are updated, and court decisions change how laws are applied. While social media platforms like TikTok and YouTube are full of videos claiming to provide “immigration hacks,” relying on them can be extremely dangerous. Similarly, well-meaning friends or family members who went through their own process may give advice that doesn’t apply to your specific case. Immigration law is not one-size-fits-all. Following the wrong advice can result in missed deadlines, ineligibility for relief, or even being detained and deported. 3. Trying to Navigate the Process Alone Some people believe they can save money by representing themselves in immigration court. Unfortunately, the process is far too complicated and risky to go without professional guidance. Cases often take years to resolve, and mistakes are not always obvious until it’s too late. A missing document, an incorrect form, or a misunderstanding of eligibility rules could undermine your case after years of waiting. Unlike other areas of law, immigration is unforgiving of errors. By the time you realize something went wrong, it is often too late to fix it. Having an experienced attorney by your side dramatically increases your chances of success, ensures your rights are protected, and helps you make informed decisions at every step. The Bottom Line If you are facing immigration court, remember: time is your greatest asset. Do not delay in finding legal representation, do not rely on unqualified advice, and do not attempt the process alone. Your future in the United States depends on building a strong, strategic defense from day one. At  Bilbao Law, LLC  , we stand with immigrants in some of the most difficult moments of their lives. With preparation, the right strategy, and committed legal advocacy, you can turn fear into freedom.
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Are you a Cuban entrant looking to make the United States your permanent home? You may be eligible to apply for a green card, which will allow you to live and work in the U.S. indefinitely. In this blog post, we will discuss the process of obtaining a green card for Cuban entrants, including eligibility requirements and steps to apply. To be eligible for a green card as a Cuban entrant, you must meet certain criteria set by the U.S. Citizenship and Immigration Services (USCIS). One of the main requirements is that you must have been physically present in the U.S. for at least one year after being admitted as a refugee or asylum seeker. This means that you must have entered the country legally and maintained continuous presence since your arrival. Additionally, Cuban entrants seeking a green card must show that they are admissible to the United States. This involves passing background checks and medical examinations to ensure that you do not pose a threat to public safety or national security. If you have any criminal convictions or immigration violations, it may affect your eligibility for a green card. The next step in obtaining a green card as a Cuban entrant is to file Form I-485, Application to Register Permanent Residence or Adjust Status. Along with this form, you will need to submit supporting documentation such as proof of identity, employment authorization, and any other requested evidence. It is important to carefully follow all instructions provided by USCIS to avoid delays in processing your application. After submitting your application, you may be required to attend an interview with USCIS officials. During this interview, you will be asked questions about your background, reasons for seeking permanent residence, and any other relevant information. It is important to be honest and forthcoming during the interview to demonstrate your eligibility for a green card. Once your application has been approved, you will receive your green card in the mail within a few weeks. As a lawful permanent resident of the United States, you will have the right to live and work in the country indefinitely. You may also be eligible for benefits such as Social Security and Medicare, as well as opportunities for further education and career advancement. Obtaining a green card as a Cuban entrant can be a complex process, but with careful preparation and attention to detail, it is possible to achieve legal permanent residence in the United States. By meeting eligibility requirements, submitting an accurate application, attending interviews as required, and following all instructions provided by USCIS, you can successfully obtain your green card and build a brighter future in your new home country.