Asylum in the United States

How US asylum works

Asylum protects a person who has been persecuted, or has a well-founded fear of persecution, because of race, religion, nationality, political opinion or membership in a particular social group. The application is Form I-589 and, with limited exceptions, must be filed within one year of the last arrival in the US.

Affirmative cases go to a USCIS asylum office; defensive cases are decided by an immigration judge in removal proceedings. Inconsistencies between the written declaration, the interview and the documents are the most common reason credibility is rejected.

Applicants must link the persecution to at least one of the five protected grounds, since general violence or poverty alone is not enough. An asylee can apply for a green card after one year in the US, and a spouse and unmarried children under 21 can receive derivative status. If asylum is barred by the one-year deadline, a judge can still consider withholding of removal or protection under the Convention Against Torture, which require a higher standard of proof. Missing a hearing usually leads to an in absentia removal order, so the address on file must be kept current.