Every year, thousands of people flee their home countries and come to the United States seeking safety from persecution, violence, or human rights violations. The U.S. asylum system offers legal protection to those who cannot return home because they fear for their life or freedom.
This complete guide explains what asylum is, who qualifies, how to apply, what to expect after applying, and how asylum can eventually lead to a Green Card and U.S. citizenship. It’s designed to be easy to understand for people of all ages and backgrounds.
What Is Asylum?
Definition and Legal Basis
Asylum is a form of humanitarian protection offered by the United States to people who have suffered persecution or fear future persecution in their home country. To qualify, applicants must show that their persecution is based on one or more of the following protected grounds:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
When asylum is granted, the person is allowed to remain in the U.S., live and work legally, and later apply for a Green Card. Eventually, many asylees go on to become U.S. citizens.
The legal framework for asylum is established under Section 208 of the Immigration and Nationality Act (INA) and follows international standards set by the 1951 Refugee Convention and 1967 Protocol, to which the U.S. is a signatory.
Difference Between Refugees and Asylees
While both refugees and asylees receive protection based on similar criteria, the main difference is location. Refugees apply for protection from outside the U.S., while asylum seekers apply from within the United States or at a U.S. port of entry. If you’re unsure how the two processes differ, learn more in our article on refugee vs. asylum.
Why Asylum Is Important
Asylum plays a vital role in upholding America’s humanitarian values. It protects people who face life-threatening dangers — such as violence, torture, or discrimination — because of who they are or what they believe.
For many, being granted asylum means a chance to rebuild their lives, reunite with loved ones, and find lasting safety.
How Does Asylum Protect People Fleeing Persecution?
The Humanitarian Purpose of Asylum
The U.S. asylum system is designed to uphold fundamental human rights. It prevents individuals from being returned to countries where they might face persecution, violence, or torture. By providing a path to legal protection, asylum helps people start over in safety and dignity.
Rights and Benefits of Asylees
Once asylum is granted, asylees can:
- Live and work legally in the United States.
- Apply for a Social Security number and state identification.
- Request permission for certain family members to join them.
- Apply for a Green Card after one year and eventually for U.S. citizenship.
Who Is Eligible for Asylum?
To apply for asylum in the U.S., you must meet certain eligibility requirements:
- You are physically present in the United States or arriving at a U.S. port of entry.
- You are unable or unwilling to return to your home country because of persecution or a well-founded fear of persecution.
- The persecution is based on one or more of the five protected grounds.
- You have not firmly resettled in another country before arriving in the U.S.
- You are not barred from asylum for other reasons.
Who Is Barred from Asylum
You may not be eligible if you:
- Participated in the persecution of others.
- Were convicted of a serious crime.
- Pose a danger to U.S. security.
- Were firmly resettled in another country before arriving in the U.S.
- Filed your asylum application more than one year after entering the U.S. without qualifying for an exception.
The Three Ways to Obtain Asylum in the United States
There are three main pathways to seek asylum in the United States:
- The Affirmative Asylum Process
- The Asylum Merits Interview after a positive credible fear determination
- The Defensive Asylum Process
Each route depends on whether you are already in removal (deportation) proceedings. For a deeper comparison, see our article on Affirmative vs. Defensive Asylum vs. Asylum Merits Interview for examples of how each pathway works.
1. The Affirmative Asylum Process
If you are not in deportation proceedings, you may apply directly with U.S. Citizenship and Immigration Services (USCIS) using Form I-589, Application for Asylum and for Withholding of Removal.
You must file this form within one year of arriving in the United States. After filing, you’ll attend a biometric appointment and later an asylum interview with a USCIS officer. If your case is denied and you do not have another lawful status, it will be referred to an immigration judge.
2. Asylum Merits Interview After a Positive Credible Fear Determination
People who are stopped at the border or ports of entry without valid documents are often placed in expedited removal. If they express fear of returning home, they undergo a credible fear interview.
If the asylum officer finds your fear credible, you’ll move forward to an Asylum Merits Interview with USCIS. During this interview, you’ll provide detailed evidence supporting your claim for asylum.
3. The Defensive Asylum Process
If you are already in removal proceedings, you can request asylum as a defense against deportation. Your case will be heard before an immigration judge at the Executive Office for Immigration Review (EOIR).
You can present evidence, witnesses, and legal arguments in support of your claim. This process is generally more formal and may take longer.
What Happens to Asylum Seekers at the U.S.–Mexico Border
When asylum seekers arrive at the U.S.–Mexico border, immigration officials conduct credible fear interviews to determine whether the person faces genuine danger if returned to their home country. Those who pass are usually allowed to continue with the asylum process; others may be deported unless they request review by an immigration judge.
“Credible” vs. “Reasonable” Fear Interviews
- A credible fear interview is for first-time asylum seekers at the border.
- A reasonable fear interview applies to individuals who have been deported before or have prior removal orders.
Both interviews are crucial first steps to determine if a person may pursue asylum protection in the U.S.
How and Where to Apply for Asylum
To start the process, you must file Form I-589. You can file with USCIS if you are not in removal proceedings or with the immigration court if you are in deportation proceedings.
Applicants must file within one year of their arrival in the United States unless they qualify for exceptions such as changed country conditions or extraordinary circumstances.
Importantly, there is no filing fee to apply for asylum — it’s completely free. Our in-depth resource on applying for asylum status explains where to send your form, what supporting documents you’ll need, and what to expect after filing.
What Happens After You Apply for Asylum
Once your application is submitted, several steps follow before a decision is made.
1. Biometrics Appointment
You will receive a notice to attend a fingerprinting appointment for background and security checks.
2. The Asylum Interview or Court Hearing
If you applied through USCIS, you’ll be scheduled for an asylum interview where an officer will review your case. If your case is in immigration court, you’ll have a hearing before a judge.
You can prepare in advance by reviewing common asylum interview questions and tips to understand what officers typically ask.
3. Waiting for a Decision
While waiting for a decision, asylum seekers are generally allowed to remain in the U.S. and cannot be deported. After 150 days, you may apply for work authorization, allowing you to legally work while your asylum case is pending. Learn about eligibility and timing in our guide to work authorization for asylum seekers.
4. Processing Time
The timeline for asylum decisions varies by case and location. Some cases may be processed within months, while others take several years. You can check average timelines in our article on the asylum application timeline and processing time.
5. Possible Outcomes
Once your case concludes, there are three potential outcomes:
- Granted Asylum: You receive legal protection and benefits.
- Referred to EOIR: Your case is sent to an immigration judge for further review.
- Denied: You may appeal or seek reopening based on new evidence.
Life After Asylum Is Granted
Work Authorization and Travel Documents
Once granted, you can work legally without any additional permit. To travel outside the U.S., apply for a Refugee Travel Document (Form I-131). Never visit the country where you were persecuted, as it may risk your asylum status.
Applying for a Green Card After Asylum
After one year, asylees can apply for a Green Card using Form I-485. Our article on the asylee Green Card process and benefits explains the full procedure.
Path to U.S. Citizenship
After holding a Green Card for four years, asylees may apply for U.S. citizenship through naturalization. Learn more in citizenship for refugees and asylees.
Support and Benefits for Asylum Seekers
While waiting, asylum seekers can access certain services through nonprofits, community organizations, and state programs, including legal aid, housing assistance, and limited healthcare.
How Many People Are Granted Asylum Each Year?
In Fiscal Year 2023, approximately 52,000 people were granted asylum in the United States. The largest numbers came from Venezuela, China, El Salvador, and Afghanistan.
Approval rates vary by region, but on average, around 35–45% of applicants are successful each year.
Common Reasons for Asylum Denial
Unfortunately, not every asylum case is approved. Some of the most common reasons for denial include:
- Missing the one-year application deadline
- Lack of evidence or inconsistent testimony
- Firm resettlement in another safe country before arriving in the U.S.
- Criminal background or security issues
Our detailed guide on common reasons for asylum denial and how to appeal explains what you can do if your case is rejected and how to strengthen your appeal.
Appealing an Asylum Denial
If your application is denied by an immigration judge, you have the right to appeal to the Board of Immigration Appeals (BIA) within 30 days. You can also file a motion to reopen or reconsider if new evidence becomes available.
Legal assistance from an immigration attorney or nonprofit organization can significantly improve your chances of success during an appeal.
Common Questions on US Asylum
1. Can I apply for asylum if I entered the U.S. illegally?
Yes. You can still apply for asylum regardless of how you entered the U.S. However, you must be physically present in the country and meet eligibility criteria.
2. What if I missed the one-year deadline to apply for asylum?
You may still qualify if you can prove “changed circumstances” (such as worsening conditions in your home country) or “extraordinary circumstances” (like serious illness or legal disability) that prevented you from applying earlier. Include documentation to support your explanation.
3. Can I include my spouse or children in my asylum application?
Yes. You can include your spouse and unmarried children under 21 in your Form I-589. If granted asylum, they’ll receive derivative asylum status, allowing them to stay and eventually apply for a Green Card as well.
4. What happens if my asylum case is taking too long?
You can check your case status online, contact USCIS through the Ombudsman’s Office, or consult an attorney. Some applicants may qualify for expedited interviews under urgent humanitarian reasons.
5. Can I travel outside the U.S. while my asylum is pending?
No. Traveling outside the U.S. before receiving asylum may be seen as abandoning your claim. Once approved, you can apply for a Refugee Travel Document to travel safely.
Summary and Key Takeaways
- Asylum protects individuals who face persecution for their identity, beliefs, or background.
- You must apply within one year of arriving in the U.S. using Form I-589.
- There are three main asylum processes: affirmative, merits interview, and defensive.
- While your case is pending, you may apply for work authorization after 150 days.
- Once granted asylum, you can apply for a Green Card after one year and U.S. citizenship later.
