Asylum in the U.S.

If someone is being persecuted because of who they are or their political opinions, they may be able to find safety in the United States under humanitarian immigration laws. Asylum is a way for eligible immigrants to stay in the U.S. if they risk persecution in their home country.

U.S. immigration law can be complex, and failure to qualify or even making procedural errors could mean deportation. This article provides general information about the U.S. asylum and immigration system.

In January 2025, the Trump administration restricted asylum options at the southern border. If you want to know how you can qualify for asylum based on your individual situation, talk to an immigration attorney for legal advice.

What Is Asylum?

Asylum is protection given to someone who leaves their native country. In the U.S., asylum is a legal form of protection that lets someone remain here instead of getting sent back to a country where they will live in fear of persecution or physical harm.

U.S. Citizenship and Immigration Services (USCIS) allows asylum seekers to stay in the U.S. based on a credible fear of persecution because of their:

• Race
• Nationality
• Religion
• Political opinion
• Membership in a particular social group

There are two types of asylum⁠ claims in the U.S. — affirmative asylum and defensive asylum. An affirmative asylum claim is for people coming to the U.S. before they have been put into removal proceedings. Defensive asylum is for someone who is facing deportation but wants to stay in the U.S.

There are more than one million people with pending asylum cases. Immigrants who are not in deportation proceedings can apply for affirmative asylum. Immigrants granted asylum status can apply to be lawful permanent residents (LPRs) and get a green card.

What Is the Difference Between an Asylee and a Refugee?

Refugees and asylees are similar, but the difference depends on when they apply for immigration protection. An asylum seeker must be physically present in the United States. Many people seeking asylum make a request at the port of entry when they try to enter the U.S.

Refugees from outside the country apply for protection in the U.S. They have to meet refugee eligibility requirements before they can enter the U.S.

According to the Department of Homeland Security (DHS), there were 54,350 approved asylum claims in fiscal year 2023, with the majority coming from Afghanistan, China, Venezuela, El Salvador, India, Guatemala, Honduras, and Russia.

How Can I Apply for Asylum in the U.S.?

To apply for affirmative asylum, you can submit a Form I-589 Application for Asylum and for Withholding of Removal. You can only file for asylum if you are in the U.S. You then have one year after entering to apply, with limited exceptions. After applying, you should get a notice of receipt of your application and a notice to get your fingerprints taken.

Before 2025, there was no fee to apply for asylum. However, there is currently a $100 fee to submit an asylum application and a $100 annual fee to continue an asylum case.

Fingerprinting is part of a background check process for asylum applicants already in the U.S. You may then get a notice for an interview with an asylum officer. The officer will determine if you have a credible fear of persecution and are eligible under asylum law. You have the right to bring your own legal representation with you to the asylum merits interview.

If you are in removal proceedings in front of an immigration judge in immigration court, you may try to seek defensive asylum. To be able to remain in the U.S., you have to show you have a well-founded fear of persecution. If the judge denies your asylum application, you can appeal your case through the Board of Immigration Appeals (BIA).

Is There a Limit for Asylum Seekers?

There is no set limit on the number of people who can qualify for asylum. The president sets a maximum number of admissible refugees every year. The limit doesn’t apply to asylum cases. However, the presidential administration does have a lot of control over immigration policy and possible changes to the asylum system.

Can an Asylee Bring Family Members to the U.S.?

Under asylum policies, if you get asylum, you can petition to bring certain family members to the U.S. Use Form I-730 Refugee/Asylee Relative Petition for your spouse and unmarried children under the age of 21. If you later get a green card and become a permanent resident, you may be able to apply to bring other family members to the country.

Can Asylees Legally Work in the U.S.?

If you are granted asylum, you will be eligible to legally work in the U.S. and can apply for an Employment Authorization Document (EAD). You can also apply for employment authorization while you are waiting for the asylum application process. However, you generally have to wait a total of 180 days after applying for asylum before you get a work permit or Employment Authorization Document (EAD).

“Will I Get Sent Back to My Country?”

If you are denied asylum or don’t appeal the immigration court’s decision, you may face deportation or removal proceedings. If you have any other questions about the asylum process or your immigration status, talk to an immigration attorney who has experience representing people seeking asylum.