Asylum and Refugee Status: Understanding the Process
What Is Asylum and Who Qualifies?
Asylum provides protection to individuals who have fled their home country due to persecution or fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. To qualify for asylum, applicants must be physically present in the U.S. or at a port of entry when submitting their claim. Asylum seekers must demonstrate a credible fear of persecution if returned to their home country.
To learn more about how to apply, visit our Applying for Asylum page.
Refugee Status vs. Asylum
Refugees apply for protection from outside the U.S., often through resettlement programs managed by international organizations, while asylum seekers apply from within the U.S. or at the border. Both asylum seekers and refugees are entitled to protection under U.S. law, but they follow different application processes. Once granted asylum or refugee status, individuals may apply for lawful permanent residency (green card) after one year of residency in the U.S.
Find detailed information about the refugee process on our Refugee Status page.
How to Apply for Asylum
- File Form I-589: Application for Asylum and Withholding of Removal.
- Include evidence of persecution, such as affidavits, police records, medical reports, or government documents. Any non-English documents must be submitted with certified translations.
- Attend an asylum interview with a USCIS officer to discuss your claim. Applicants must be prepared to explain why they cannot return to their home country.
The One-Year Filing Deadline
Asylum seekers must typically apply within one year of their arrival in the U.S. However, there are exceptions if you can show changed circumstances, such as worsening conditions in your home country or significant changes in your personal situation.
What Is Defensive Asylum?
Defensive asylum applies to individuals facing deportation who request asylum as a defense during immigration court proceedings. Defensive asylum applicants present their case to an immigration judge, who decides whether to grant asylum or order removal.
What Are the Benefits of Asylum or Refugee Status?
Individuals granted asylum or refugee status are entitled to various benefits, including:
- Work authorization: You can apply for a work permit while your asylum claim is pending (after 150 days) using Form I-765.
- Permanent residency: After one year, you may apply for a green card.
- Protection from deportation: Asylum protects you from being returned to a country where you face persecution.
Can Family Members Apply for Asylum?
Spouses and children under 21 who are present in the U.S. may be included as dependents on the primary applicant’s asylum claim. If granted asylum, your family members may also obtain asylum status.
What Happens If Your Asylum Application Is Denied?
If your asylum application is denied by USCIS, you may be referred to an immigration judge for removal proceedings, where you can present your case again. If the immigration judge denies your claim, you may appeal the decision to the Board of Immigration Appeals (BIA).
How Can Translations Certified Help with Your Asylum or Refugee Application?
The asylum and refugee application process often requires submitting critical documents in English, such as police reports, legal statements, or medical records. At Translations Certified, we provide certified and notarized translations that meet USCIS standards, ensuring your documents are accurate and properly formatted to prevent delays or denials.
The information provided here is for general informational purposes only and is not intended to be legal advice. While we strive to ensure that the information is accurate and current, it is not a substitute for professional legal counsel. Please consult with a qualified attorney for advice regarding your specific situation or legal questions.