The Asylum Process: Finding Refuge in the US

Individuals may be eligible for asylum in the United States if they face persecution in their home country due to their nationality, race, religion, political opinions or membership in a particular social group.

For such people, the US can serve as a safe haven. However, there are certain requirements that need to be met in order to successfully complete the asylum process.

Who Is & Isn’t Eligible for Asylum

Those facing persecution in their home country who have not previously resettled in another country may be eligible for US asylum. However, not meeting some specific requirements may render some applicants ineligible for the asylum process.

Individuals may be ineligible to apply if they did not file the asylum application within one year of arriving in the country, had a previous asylum application denied or can be safely relocated to a secure third country in accordance with a US agreement with that country.

Also, individuals are ineligible to receive asylum if they have participated in the persecution of other persons due to their race, religion, nationality, social affiliation or political opinions.

Additional reasons for banning asylum include a record of serious crime, posing a threat to US security, previous resettlement in another country, or past or present involvement in terrorist activity. The spouse and children of someone ineligible for asylum for these reasons may also be denied asylum.

The Process of Obtaining Asylum

After arriving in the US, the asylum process begins with the filing of Form I-589, Application for Asylum and for Withholding of Removal. This must be done within one year of arrival in the US.

Once US Citizenship and Immigration Services confirms receipt of the application, applicants must undergo a biometrics appointment as well as an immigration background and security check. After these steps have been successfully completed, USCIS will send applicants a notice for an interview, the next step in the asylum process.

The interview is conducted in English, and those applicants who cannot speak English must provide an interpreter. If a spouse or children are included in the application, they must also be present. The asylum officer then decides whether the applicant meets the necessary requirements for asylum. Note that some applicants for asylum are also required to appear before an immigration judge who hears their case.

Working Privileges & Other Benefits for Asylum Holders

Individuals who successfully complete the asylum application process are automatically eligible to work. Asylees may choose to additionally obtain Employment Authorization Documents for convenience. Note that EADs aren’t necessary because those with asylum status can work automatically — they just have to apply for a Social Security number. However, Employment Authorization Documents can help for identification purposes.

Asylum holders in the US can petition to bring their spouse and unmarried children who are under 21 years of age to join them. Asylum holders hoping to reunite with their families must file Form I-730, the Refugee/Asylee Relative Petition, within two years of receiving asylum status. This two-year limit can be excused for relevant humanitarian reasons.

Permanent Residence for Asylees

Although they are not automatically granted permanent residence, asylum holders have the opportunity to apply for a green card one year after being granted asylee status in the US. To do so, individuals must file Form I-485, Application to Register for Permanent Residence or to Adjust Status.

As the decision on asylum applications is usually released within 60 days after the application is filed, the asylum process offers a relatively quick route to a temporary — or permanent — residence in the US for those who are seeking a safe haven from persecution in their home country.