The United States offers asylum to individuals who seek protection from persecution. This protection is available to foreign nationals already present in the US or arriving at its borders who meet the international definition of a “refugee.” A refugee is someone unable or unwilling to return to their home country due to a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. US law, established by the Refugee Act of 1980, incorporates this definition and allows for two pathways to obtain refugee status: as a resettled refugee from abroad or as an asylum seeker within the United States.

Benefits of Asylum

Asylees are protected from being returned to their home countries and are authorized to work in the US They can apply for a Social Security card, request permission to travel overseas, and petition to bring family members to the United States. After one year, asylees may apply for lawful permanent resident status (a green card) and, after four years, apply for citizenship.

Application Process for Asylum

• The application process for asylum in the United States can be pursued in three ways: affirmatively, defensively, and through a process that includes elements of both, known as the Asylum Processing Rule.
• An individual who is not in removal proceedings may apply for asylum affirmatively through US Citizenship and Immigration Services (USCIS). If USCIS does not grant asylum and the applicant lacks lawful immigration status, they are referred to immigration court, where they may renew their request for asylum defensively before an immigration judge.
• In the defensive asylum process, individuals in removal proceedings apply for asylum as a defense against removal. The Executive Office for Immigration Review (EOIR) does not provide appointed counsel, even for those who cannot afford an attorney.
• The Asylum Processing Rule, effective since May 31, 2022, allows some individuals entering the US to be processed on an expedited timeline, combining elements of both affirmative and defensive processes. This includes a non-adversarial interview with an asylum officer following a credible fear determination.