Asylum is a form of protection granted to individuals who can demonstrate that they are
unable or unwilling to return to their country because of persecution or a well-founded
fear of persecution on account of:
● race,
● religion,
● nationality,
● membership in a particular social group,
● or political opinion.
The right to seek asylum was incorporated into international law following the atrocities
of World War II. Congress adopted key provisions of the Geneva Refugee Convention
(including the international definition of a refugee) into U.S. immigration law when it
passed the Refugee Act of 1980.
Generally, an asylum seeker is someone who has fled their home in search of safety
and protection in another country. Because he or she cannot obtain protection in their
home country, they seek it elsewhere. Asylum seekers may be of any age, gender,
socio-economic status or nationality—though the majority come from regions of the
world that are suffering from conflict, disaster and weak rule of law.
If you apply for asylum in the US, then you are an asylum seeker.
On the other hand, “asylee” is the term used in the U.S. for people who have been
granted asylum. Under U.S. immigration law, a person granted asylum is legally allowed
to remain in the country without fear of deportation. They qualify to work, travel
abroad and apply for their spouse or children under the age of 21 to join them.
Yes, seeking asylum is legal—even during a pandemic. Asylum seekers must be in the
U.S. or at a port of entry (an airport or an official land crossing) to request the
opportunity to apply for asylum.
During the COVID-19 pandemic, epidemiologists and other public health experts have
made clear that asylum seekers and their children can be safely processed at the
border using public health measures.
In the affirmative asylum or defensive asylum processes, to apply for asylum, you must
complete a Form I-589, Application for Asylum and for Withholding of Removal. There
are six grounds for Application for Asylum and for Withholding of Removal:
1. race,
2. religion,
3. nationality,
4. membership in a particular social group,
5. or political opinion
6. torture convention
Asylum is granted to people who are unable or unwilling to return to their home country
because of persecution or a well-founded fear of persecution on account of race,
religion, nationality, membership in a particular social group, or political opinion. One
can obtain asylum if in the United States legally or illegally; or refugee status if outside
of the United States.
The USCIS aims to make a decision on your asylum application within 180 days. During
this time, you will be required to have your fingerprints taken and attend an interview at
one of the eight asylum offices.
Asylum seekers do not automatically have the right to work. You may apply for a work
permit, or “Employment Authorization Document,” (EAD) 150 days after you have
applied for asylum. If approved, you will be eligible to receive your work permit 180 days
after you applied for asylum. If you are given a “recommended approval for a grant of
asylum” before the 150 days, you can apply for a work permit immediately.
In order to apply for an EAD with a pending application, you will need to have been
waiting 180 days or more with no initial decision on your application from the asylum
office or from the immigration court.
Asylum seekers can apply for a SSN. Usually an asylum seeker applies for SSN while
applying for the EAD.
Asylees are eligible to apply for certain benefits, including an Employment Authorization
Document (EAD), an unrestricted Social Security card, cash and medical assistance,
employment assistance, and a Refugee Travel Document.
You will have asylee status. You will receive an I-94 Arrival and Departure record
documenting that you are able to remain indefinitely in the United States as an asylee.
You will be authorized to work in the United States for as long as you remain in asylee
status. You may obtain a photo-identity document from USCIS evidencing your
employment authorization by applying for an Employment Authorization Document
(EAD). You will also be able to request derivative asylum status for any spouse or child
(unmarried and under 21 years of age as of the date you filed the asylum application, as
long as your asylum application was pending on or after Aug. 6, 2002) who was not
included as a dependent in your asylum decision and with whom you have a qualifying
relationship. This means that you will be able to petition to bring your spouse and/or
children to the United States or allow them to remain in the United States indefinitely
incident to your asylee status.
This means that the asylum officer was unable to approve your asylum application and
you are not currently in valid status. You will receive charging documents that place you
in removal proceedings in Immigration Court. Your asylum application will be referred to
the Immigration Court for an Immigration Judge to decide during the removal
proceedings.
In most cases, you will return to the asylum office where your interview was held two
weeks after the interview to pick up your decision. However, there may be longer
processing times if you were interviewed at a district office, are currently in valid status,
or if your case will be reviewed by Asylum Division Headquarters staff. You will
generally receive the decision by mail if any of these circumstances occur.
Yes. Your spouse and unmarried children under 21 years of age may be able to obtain
derivative asylum status. You may ask to have them included in your asylum decision if
they are in the United States; or if you are granted asylum, you can petition to bring
them to the US. (This must be done within 2 years of you being granted asylum).
Yes. You may apply for asylum as a minor if you are under 18 years of age and want to
have your own case separate from your parents or spouse. You may also apply for
asylum as an unaccompanied minor if you are under 18 years of age; have no parent or
legal guardian in the US that can provide care or custody; or were separated from your
parent or legal guardian.
In the U.S., every child, regardless of their immigration status, has the right to a free
public education kindergarten through grade 12. If you are the parent or guardian of a
child under the age of 18, by law you are required to send your child to school. Some
states require school attendance only through age 16. Visit your state’s Board of
Education website for more information.
Each state makes its own rules as to whether asylum seekers are allowed to get state
IDs. If you are eligible to apply for a state ID, call your local Department of Motor
Vehicles (DMV) office to know what documents you will need to bring. Depending on
your state, you may also be allowed to get a driver’s license.
Asylum can only be filed if you are currently in the United States and preferably within
one year of your entry into the U.S. If you require assistance from overseas, you would
need to file for refugee status through a referral to the U.S. Refugee Admissions
Program (USRAP) for consideration as a refugee.
You may still file your application after one year of coming to the U.S. and qualify for an
exception to the one-year deadline if you can prove that you were unable to file within
the one year because of exceptional circumstances (changed or extraordinary
circumstances).
If the individual establishes that it is more likely than not that his life or freedom would
be threatened on account of their race, religion, nationality, membership in a particular
social group, or political opinion, that person may be eligible for withholding of
removal or deferral of removal. Individuals who satisfy the torture requirement may be
eligible for withholding of removal or deferral of removal under the Convention Against
Torture.
Yes. You may apply for asylum with USCIS regardless of your immigration status if:
● You are not currently in removal proceedings
● You file an asylum
application within 1 year of arriving in the United States or
demonstrate that you are within an exception to that rule.
Yes, but you may be barred from being granted asylum depending on the crime. You
must disclose any criminal history on your Form I-589, Application for Asylum and for
Withholding of Removal, and at your asylum interview. If you do not disclose such
information, your asylum claim will be referred to the immigration court and may result in
fines or imprisonment for committing perjury.
USCIS will send you a notice to go to a USCIS Application Support Center (ASC) to
have your fingerprints taken after we receive your asylum application. You are exempt
from the fingerprinting fee and do not need to submit a fingerprint card. Your spouse
and children will also need to be fingerprinted if they are between 12 years and 9
months of age and 79 years of age.
Your child will continue to be eligible as a dependent on your asylum application if they
turned 21 after you filed your application and while it remains pending.
There is no fee to apply for asylum.
A decision should be made on your asylum application within 180 days after the date
you filed your application unless there are exceptional circumstances.
You have a right to bring a lawyer or representative to your asylum interview and to
immigration proceedings before an immigration court.
You must bring an interpreter if you do not speak English fluently. The interpreter must
be fluent in both English and a language you speak and must be at least 18 years old.
USCIS does not provide any interpreters during the asylum interview. The following
people cannot serve as your interpreter:
● Your attorney or representative of record,
● A witness testifying on your behalf at the interview,
● A representative or employee of your country.
If you have a document that is not in English, you are required to provide a certified
translation of the document in English.
If you applied for asylum and have not yet received a decision, you should not leave the
United States without first obtaining advance parole. Advance parole allows certain
individuals to return to the United States without a visa after traveling abroad. If you
leave the United States without first obtaining advance parole, we will presume you
abandoned your asylum application. Advance parole does not guarantee that you will
be allowed to reenter the United States.
To obtain advance parole, you must file Form I-131, Application for Travel Document.
Yes, asylum-related information may not be shared with third parties without the asylum
applicant’s written consent or the Secretary of Homeland Security’s specific
authorization.
Yes. For more information on children applying for asylum, see the Asylum Procedures
for Minor Children page from the USCIS website.
Yes. If you fail to attend your Immigration Court hearing, the Judge may order you
removed from the United States. At your hearing, you can ask the Judge for more time
to find a lawyer.
If you are granted asylum, you may apply for a green card (also known as lawful
permanent residence) one year after the date upon which you were granted final asylum
status. Generally, a green card holder can apply for U.S. citizenship after 5 years of
continuous permanent residence. Since asylees’ green cards are backdated one year,
they can apply to naturalize four years after obtaining permanent residence.