Asylum & Refugees
Humanitarian pathways for those seeking safety and protection
What Is Asylum Status?
Asylum is a form of legal protection granted by the United States government to foreign nationals who are already in the country or arriving at its border and cannot return to their home country because of persecution or a well-founded fear of persecution. It is a form of protection that, once granted, allows a person to live and work legally in the United States and eventually apply for permanent residency.
Am I Eligible for Asylum?
To qualify for asylum in the United States, you must demonstrate that you have suffered persecution or have a well-founded fear of persecution in your home country based on at least one of the following five protected grounds:
The 5 Standard Protected Grounds
Race
Persecuted or fearing persecution because of your racial identity or ethnic background.
Religion
Your religious beliefs or practices have made you a target in your home country.
Nationality
Your nationality or membership in a particular national group has put you at risk.
Political opinion
You hold or are perceived to hold political views that have led to persecution or put you in danger.
Social group
You belong to a group that shares a common characteristic, such as gender, sexual orientation, family ties, or a specific social identity, that makes you a target.
Key Legal Requirements and Evidentiary Thresholds
A well-founded fear of persecution
A well-founded fear of persecution means your fear must be both subjectively genuine and objectively reasonable. This means you genuinely believe you are in danger and that there is credible evidence supporting that belief.
Persecution
Must be carried out by your government or by local groups your government is unable or unwilling to control.
The Legal Standard of Proof
You do not need to prove harm with 100% certainty. Under U.S. law, showing a reasonable 10% chance of facing persecution is enough to meet this standard.
Key Evidence Needed:
Strong applications combine a detailed personal written statement with concrete proof, such as medical records, police reports, threat messages, witness statements, and official human rights reports about your home country.
Asylum Eligibility Self-Assessment Checklist
Before speaking with an attorney, ask yourself the following:
- Have you experienced harm or threats in your home country because of your race, religion, nationality, political opinion, or membership in a particular social group?
- Is your government responsible for that harm, or is it unwilling or unable to protect you?
- Have you applied for asylum within one year of arriving in the United States?
- Have you ever been convicted of a serious crime or persecuted others?
Note
Economic hardship, general crime, or civil unrest on their own do not qualify as grounds for asylum.
How to apply for asylum
Affirmative vs. Defensive Asylum Applications
Affirmative Asylum
This applies when you are not in removal proceedings. You proactively file Form I-589 with U.S. Citizenship and Immigration Services (USCIS). If approved, you are granted asylum. If denied, your case may be referred to an immigration court.
Defensive Asylum
This applies when you are already in removal proceedings and use asylum as a defense against deportation. Your case is heard before an immigration judge rather than USCIS.
Form I-589 Filing Timeline
Step 1:
Complete Form I-589, Application for Asylum and Withholding of Removal. The form is free to file.
Step 2:
Submit the completed form along with supporting documents to the appropriate USCIS office based on your location.
Step 3:
Receive a receipt notice confirming USCIS has received your application.
Step 4:
Attend a biometrics appointment if required.
Step 5:
Attend your asylum interview with a USCIS asylum officer.
Step 6:
Receive a decision. If approved, you are granted asylum status. If denied through the affirmative process, your case moves to immigration court.
Key Deadlines and the One-Year Filing Rule
You must file your asylum application within 1 year of your most recent arrival in the United States.
The 1-year clock starts from the day you arrive, not the day you decide to apply.
Note: There are limited exceptions for changed or extraordinary circumstances, but these exceptions are narrow and must be documented carefully.
Can You Work While Your Asylum Application Is Pending?
You must wait 180 days after filing before you can seek permission to work.
You cannot work immediately after filing. There is a 6-month waiting period, from the date your asylum application is filed before you can apply for work authorization (EAD).
Applying for an Employment Authorization Document (EAD, Form I-765)
After 180 days have passed since your asylum application was received by USCIS and no decision has been made, you may file Form I-765 to request an EAD.
Once approved, the EAD allows you to work legally in the United States while your asylum case is pending. The EAD is valid for two years and can be renewed if your case remains pending.
Rights, Benefits, and Path to Permanent Residency
A well-founded fear of persecution means your fear must be both subjectively genuine and objectively reasonable.
- The legal right to live and work in the United States indefinitely.
- Access to certain federal benefits including Medicaid and Refugee Medical Assistance for a limited period.
- The ability to petition for your spouse and unmarried children under 21 to join you in the United States.
- The right to travel outside the United States with a Refugee Travel Document.
- Eligibility to apply for a green card, officially known as Lawful Permanent Resident status, one year after your asylum is granted.
- Eligibility to apply for U.S. citizenship five years after receiving your green card.
Frequently Asked Questions
What is the difference between asylum and refugee status?
Both offer protection from persecution, but the key difference is location. Refugees apply for protection from outside the United States through the U.S. Refugee Admissions Program. Asylum seekers apply from within the United States or at a port of entry. The legal protections granted are similar, but the processes and eligibility pathways differ.
Can I apply for asylum if I entered the United States without authorization?
Yes. Entering the United States without authorization does not automatically disqualify you from applying for asylum. You may still file Form I-589 and present your case, provided you meet the eligibility requirements and file within the 1-year deadline.
What happens if my asylum application is denied?
If your affirmative asylum application is denied, USCIS will refer your case to an immigration court where an immigration judge will review it. You will have the opportunity to present your case before the judge. If the immigration judge also denies your claim, you may appeal to the Board of Immigration Appeals (BIA).
Can my family members be included in my asylum application?
Your spouse and unmarried children under 21 who are in the United States at the time you file may be included as derivatives on your asylum application. If they are outside the United States, you can petition for them to join you after your asylum is granted, within 2 years of the approval date.
Does asylum status expire?
Asylum status does not expire. However, it can be terminated if circumstances change, if you voluntarily return to your home country, or if you are found to have committed certain crimes. To secure long-term stability, asylum holders are strongly advised to apply for a green card 1 year after their approval.