Asylum definition
Asylum allows people already in the US or arriving at a port of entry to stay if they face persecution or have a well‑founded fear of returning home.
Asylum — permission to stay in the US — a protection available to people already in the country (or who are arriving at a port of entry) who meet the legal definition of “refugee,” someone unable or unwilling to return home because of persecution or a well-founded fear of persecution.
To request asylum, an individual files Form I-589 with US Citizenship and Immigration Services (USCIS) or raises the claim during immigration court proceedings. The government reviews the application, interviews the applicant, and checks whether the claim fits US asylum law. A decision is then made to grant asylum, deny it, or continue the case in immigration court.
What are the five grounds for asylum?
Under US law, an asylum or refugee claim must be based on persecution related to one or more of the following five protected grounds:
- Race
- Religion
- Nationality
- Political opinion
- Membership in a particular social group
What's the difference between asylum and refugee?
The main difference between an asylum seeker and a refugee is their location at the time they apply for protection. Asylum applicants are already located inside the US, while refugees are processed while still abroad.
Refugees are required to apply for permanent residence one year after arrival. People granted asylum may also apply for a green card after one year, but it’s optional.
What disqualifies someone from asylum?
A person may be barred from applying for or receiving asylum if they:
- Missed the 1-year filing deadline (unless an exception applies)
- Applied in the past and had the prior asylum application denied
- Could be sent to a safe third country under an agreement with the US
- Ordered, assisted, or participated in the persecution of others
- Were convicted of a particularly serious crime: generally violent crimes, but determined on a case-by-case basis
- Pose a danger to US security
- Engaged in terrorist activity or supported a terrorist group
- Are the spouse or child of someone barred on terrorism grounds
