INTRODUCTION
Any non-citizen can file for asylum, withholding and protection under the Convention Against Torture. If you are not in removal proceedings, you can affirmatively apply for asylum with USCIS. If you are in removal proceedings, it is called a defensive asylum application.
Certain crimes can make you ineligible for asylum and withholding of removal. However, no matter what, everyone and anyone can apply for protection under the Convention Against Torture, which is a treaty that the United States signed stating that the government would not deport anyone who would be subject to torture upon return to his or her home country.
Asylum, Withholding of removal, and protections under the Convention Against Torture
If you have been suffered past persecution in your home country or country of last habitual residence, or because you have a well-founded fear of future persecution in your home country or country of last habitual residence and such persecution is based on race, religion, nationality, political opinion or membership in a particular social group, you may be eligible for asylum and/or withholding of removal. Persecution can take many forms of abuse, but typically encompasses torture, physical abuse, imprisonment, beatings, etc.
You must apply for asylum within one year of your entry into the United States. There are exceptions, but they are very limited. If you did not apply for asylum within the one year deadline, you can still apply for withholding of removal and/or CAT protection.
If you will be subject to torture upon return to your home country, you can seek protection under the Convention Against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment. For refugees and asylum seekers, this is a relief of last resort, but not insignificant.
With asylum, you can eventually get a green card. Withholding and CAT protection will permit you to remain in the United States and get a work authorization, but you cannot get any further benefits.
Gang based Asylum
Gang based asylum, asylum based on persecution by transnational violent street gangs, is very difficult to get. However, the firm specializes is gang-based asylum claims. Because each case is different, a consultation is necessary to determine whether you have a meritorious asylum claim.