Asylum Visa

The Refugee Program provides humanitarian protection for individuals outside the United States who are unable to return to their home country due to persecution or a well-founded fear of persecution. Unlike asylum (filed inside the U.S.), refugee status is processed through the U.S. Refugee Admissions Program (USRAP) overseas. Successful applicants are admitted to the U.S. as refugees with a direct path to permanent residence.

Who is the Visa for?

Individuals outside their home country who cannot safely return because of persecution based on:

  • Race

  • Religion

  • Nationality

  • Political opinion

  • Membership in a particular social group

Eligibility Requirements

  • Must be physically present in the U.S. (or at a U.S. port of entry).

  • Must file Form I-589 (Application for Asylum and Withholding of Removal) within 1 year of arrival (with limited exceptions).

  • Must demonstrate credible fear of persecution based on one of the five protected grounds.

  • Must not be barred (e.g., persecuted others, committed serious crimes, resettled in a third safe country).

Benefit

  • Must be physically present in the U.S. (or at a U.S. port of entry).

  • Must file Form I-589 (Application for Asylum and Withholding of Removal) within 1 year of arrival (with limited exceptions).

  • Must demonstrate credible fear of persecution based on one of the five protected grounds.

  • Must not be barred (e.g., persecuted others, committed serious crimes, resettled in a third safe country).

Visa Duration:

  • No set expiration – status is indefinite

  • Green card eligible after 1 year

  • Can be terminated if conditions change or eligibility is lost

Processing Time:

Varies significantly:

  • Affirmative asylum (filed with USCIS) may be scheduled within months to years.

  • Defensive asylum (raised in immigration court) depends on court backlogs.

Expedited processing may apply in urgent cases.

OpenSphere Services:

  • Personal declaration & country conditions research

  • Petition drafting (Form I-589 & evidence compilation)

  • RFE/NOID/court support

  • End-to-end legal guidance through asylum and adjustment of status