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Feb 12, 2024 · Learn about asylum, a form of protection for people who fear persecution in their home country. Find out how to file a Form I-589, who can apply, and what benefits you may receive.
Sep 13, 2023 · Learn about the three ways of obtaining asylum in the United States: affirmative, merits, and defensive. Find out the key differences, requirements, and procedures for each process.
- What is asylum? Asylum is a form of protection available to anyone at risk of serious harm in their home country who must leave in search of safety in another country.
- What is the difference between a refugee and an asylum seeker? There is often confusion around the terms ‘asylum seeker’ and ‘refugee’. A refugee is defined as someone who has been forced to flee persecution, war or violence and has crossed an international border to find safety in another country.
- Who are asylum seekers and why are they seeking asylum? More than two-thirds of all refugees and Venezuelans displaced abroad originate from just five countries: Syria, Venezuela, Afghanistan, South Sudan and Myanmar.
- What is the right to seek asylum? Everyone has the right to seek asylum—no matter who they are, where they come from, or when they choose to flee. The right to seek asylum, along with other rights of refugees, is outlined in the 1951 Refugee Convention and its 1967 Protocol which has protected the rights of asylum seekers and refugees since the end of WWII.
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Each year, thousands of noncitizens arriving at our border or already in the United States apply for asylum, or protection from persecution. Asylum seekers must navigate a difficult and complex process that can involve multiple government agencies. Those granted asylum have the opportunity to apply to live in the United States permanently, receive ...
Asylum is a protection granted to foreign nationals already in the United States or at the border who meet the international law definition of a refugee. The United Nations 1951 Convention and 1967 Protocol define a refugee as a person who is unable or unwilling to return to his or her home country, and cannot obtain protection in that country, due...
After one year, an asylee may apply for lawful permanent resident status (i.e., a green card). Once the individual becomes a permanent resident, he or she must wait four years to apply for citizenship.
With or without counsel, an asylum seeker has the burden of proving that he or she meets the definition of a refugee. Asylum seekers often provide substantial evidence throughout the affirmative and defensive processes demonstrating either past persecution or that they have a well-founded fear of future persecution in their home country. However, t...
An individual generally must apply for asylum within one year of arriving in the United States. Whether DHS is obligated to notify asylum seekers of this deadline is the subject of pending litigation. A class-action lawsuit has challenged the government's failure to provide asylum seekers adequate notice of the one-year deadline and a uniform proce...
Asylum seekers in the affirmative and defensive processes face many obstacles to meeting the one-year deadline. Some individuals face traumatic repercussions from their time in detention or journeying to the United States and may never know that a deadline exists. Even those who are aware of the deadline encounter systemic barriers, such as lengthy...
To ensure that the United States does not violate international and domestic laws by returning individuals to countries where their life or liberty may be at risk, the credible fear and reasonable fear screening processes are available to asylum seekers in expedited removal processes.
Individuals who are placed in expedited removal proceedings and who tell a Customs and Border Protection (CBP) official that they fear persecution, torture, or returning to their country or that they wish to apply for asylum should be referred for a credible fear screening interview conducted by an asylum officer.
If the asylum officer determines that the asylum seeker has a credible fear of persecution or torture, it means that the person has proven that he or she has a significant possibility of establishing eligibility for asylum or other protection under the Convention Against Torture. The individual will then be referred to immigration court to proceed ...
To demonstrate a reasonable fear, the individual must show that there is a reasonable possibility that he or she will be tortured in the country of removal or persecuted on the basis of race, religion, nationality, political opinion, or membership in a particular social group. While both credible and reasonable fear determinations evaluate the like...
If the asylum officer determines the person does not have a reasonable fear of future persecution or torture, the individual may appeal the negative decision to an immigration judge. If the judge upholds the asylum officers negative determination, the individual is turned over to immigration enforcement officers for removal. However, if the immigra...
Overall, the asylum process can take years to conclude. In some cases, a person may file his or her application and receive a hearing or interview date years in the future.
Asylum seekers, and any family members waiting to join them, are left in limbo while their case is pending. The backlogs and delays can cause prolonged separation of refugee families, leave family members abroad in dangerous situations, and make it more difficult to retain pro bono counsel for the duration of the asylum seekers case. Detention exac...
Although asylum seekers may apply for work authorization after their case has been pending for 150 days, the uncertainty of their future impedes employment, education, and trauma recovery opportunities.
While U.S. law provides arriving asylum seekers the right to be in the United States while their claim for protection is pending, the government has argued that it has the right to detain such individuals. Some courts have rejected this interpretation and held that asylum seekers meeting certain criteria have a right to a hearing over their detenti...
In FY 2016, the most recent year with available data, 20,455 individuals were granted asylum: 11,729 affirmatively and 8,726 defensively (Figure 1). Total annual asylum grants averaged 23,669 between FY 2007 and FY 2016.
Source: Office of Immigration Statistics, Table 16 in 2016 Yearbook of Immigration Statistic (Washington, DC: U.S. Dep't of Homeland Sec., 2018), https://www.dhs.gov/immigration-statistics/yearbook/2016/table16.
Source: American Immigration Council analysis of government data. Office of Immigration Statistics, Tables 17 and 19 in 2016 Yearbook of Immigration Statistic (Washington, DC: U.S. Dep't of Homeland Sec., 2018), https://www.dhs.gov/immigration-statistics/yearbook/2016.
Feb 7, 2024 · Learn what asylum is, how it differs from refugee status, and how it works in the United States. Find out how the number and origin of asylum seekers have changed over time and what factors affect their chances of success.
- Diana Roy
Apr 9, 2024 · Learn how to apply for asylum and withholding of removal in the United States with Form I-589. Find out where to file, eligibility requirements, filing tips, and related links.
Asylum is a form of protection that allows people who fear persecution or harm to stay in the U.S. Learn how to apply for asylum, what are the eligibility criteria, and the rights and duties of asylees and refugees.
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