Asylum
If you cannot return to your country because you are afraid of being persecuted, you may be able to seek asylum. To be eligible, you must be in the U.S. and unable or unwilling to return to your home country out of fear of persecution for a protected ground (race, religion, political identity, nationality, or membership in a particular social group). Generally, an asylum application must be filed within one-year of entering the U.S. Your spouse and children may be able to join your application or follow later.
Those who apply for asylum can receive work permits. Those who are granted asylum may live and work in the U.S. legally, and can apply for permanent residency after one year.
Withholding of Removal
If you are afraid to return to your country for fear of being persecuted for a protected ground (race, religion, political identity, nationality, or membership in a particular social group), but you are not eligible for asylum for some reason (e.g., failed to apply within one year of U.S. arrival, have a removal order, are barred for certain reasons, or discretionary reasons), you may still be eligible for Withholding of Removal. Withholding is not a path to a green card, and your family members cannot join your application or follow later. Withholding of Removal allows you to stay and work in the U.S. legally. You must be in removal proceedings to apply for Withholding.
U.N. Convention Against Torture (CAT)
If you are afraid to return to your country for fear of being tortured or killed, but you are not eligible for Asylum or Withholding of Removal (e.g., barred for criminal or other reasons), you may be eligible for CAT. Like Withholding, CAT is not a path to a green card, and your family members cannot join your application or follow later. CAT allows you to stay and work in the U.S. legally. You must be in removal proceedings to apply for CAT.