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 system. If you want to know how you can qualify for asylum based on your individual situation, talk to an immigration lawyer 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 being 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 prosecution because of their:

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

There are two types of asylum⁠ — affirmative asylum and defensive asylum. Affirmative asylum 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.

What Is the Difference Between an Asylee and a Refugee?

Refugees and asylees are related, 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 the try to enter the U.S.

Refugees apply for protection in the U.S. from outside the country. They have to be approved as an eligible refugee before they can enter the U.S.

According to the Department of Homeland Security (DHS), in 2020, there were 31,429 approved asylum claims, with the majority coming from China, El Salvador, and Venezuela. There were 11,840 granted refugee status, with the majority from Ukraine, the Democratic Republic of Congo, and Myanmar.

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 that your application was received and a notice to get your fingerprints taken.

Fingerprinting is part of a background check to see if you are eligible to enter 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 interview.

If you are in removal proceedings before an immigration judge in federal court, you may try and 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 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. There is a maximum number of refugees who can be admitted every year, which is set by the president. However, the limit doesn’t apply to asylum cases. According to the U.S. State Department, the U.S. government anticipated more than 290,000 new asylum claims in 2021.

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

Under asylum policies, if you are granted 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 U.S.

Can Asylees Legally Work in the U.S.?

If you are granted asylum, you will immediately be able to legally work in the U.S. You can also apply for employment authorization while you are waiting on your asylum application. However, you generally have to wait a total of 180 days after applying for asylum before you will 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 be deported or put into 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.