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.

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.

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.

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.