Asylum
Asylum allows individuals in the U.S. to apply for protection if they fear persecution in their country of origin due to their race, religion, political opinion, nationality, or membership in a particular social group.
What Is Asylum?
Asylum is a legal status that lets certain individuals stay in the United States because returning to their home country would expose them to serious harm or persecution. Once granted, asylum allows a person to live and work legally in the U.S. and apply for a Green Card one year later.
Who Qualifies for Asylum?
To qualify, applicants must:
-
Be physically present in the U.S. or at a port of entry
-
Apply within one year of their last entry into the U.S.
-
Show they have suffered persecution or have a well-founded fear of future persecution
-
Prove the persecution is due to one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group
Those currently outside the U.S. must apply for refugee status, not asylum.
The Application Process
The process begins by filing Form I-589 with U.S. Citizenship and Immigration Services (USCIS). After submission:
-
USCIS schedules a biometric appointment
-
An asylum officer conducts an in-person interview
-
A decision may follow in a few weeks or, if referred to immigration court, may take much longer
If denied by USCIS, the applicant may still present their case before an immigration judge.
Employment While Seeking Asylum
Applicants can apply for a work permit 150 days after submitting their asylum application, but cannot receive the permit until at least 180 days have passed. Working without proper authorization could negatively impact their case.
Benefits of Asylum
Approved asylum seekers:
-
Can live and work legally in the U.S.
-
May apply for lawful permanent residency after one year
-
May petition to bring certain family members to the U.S.
-
May qualify for certain public benefits such as Medicaid and SNAP
Legal Support Matters
The asylum process is complex, and small mistakes can lead to delays or denials. Legal guidance helps strengthen the application, gather the right evidence, and prepare for interviews or court proceedings.