Asylum Definition

ASYLUM

Asylum provides a critical safeguard for those seeking refuge from serious harm in their home countries. In U.S. immigration, “asylum” is a form of protection granted to individuals in the United States who have fled their home country due to persecution or a well-founded fear of persecution based on race, religion, nationality, political opinion, or membership in a particular social group. Asylum seekers must apply within one year of arriving in the U.S. and meet eligibility criteria. If granted asylum, they can live and work in the U.S., may eventually apply for permanent residency (a green card), and have a pathway to citizenship.

Asylum Processes

1. Affirmative Asylum: Filed proactively by individuals who are not in removal proceedings, generally through U.S. Citizenship and Immigration Services (USCIS).
2. Defensive Asylum: Claimed as a defense against removal in immigration court by individuals already in removal proceedings.

Asylum Seekers

An asylum seeker is seeking protection in another country but has not yet been granted asylum status. In the U.S., asylum seekers must apply for asylum to establish eligibility for protection under U.S. immigration law.

Asylum seekers differ from refugees, who are granted protection before entering the U.S., as they request protection after arriving or at a port of entry. During the application process, asylum seekers may not have legal status and may face restrictions on work authorization until eligibility is determined.

RELATED ARTICLE:

Form I-589 (Application for Asylum in the U.S.)

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