How to apply for asylum in the U.S.
Asylum is a form of protection that allows you to stay in the United States. Get current information on seeking asylum in the USA. Learn if you are eligible and how to apply. Know how to prepare for the interview.
What is asylum?
Asylum is a form of protection that allows you to stay in the USA if you have been persecuted or fear persecution in your home country because of your race, religion, nationality, membership in a particular social group, or political opinion.
When you are granted asylum, you can:
- Stay in the USA legally with protection from detention and deportation
- Ask for asylum for your spouse and children
- Automatically qualify for a work permit to work in the USA
- Apply for a social security card, travel documents, Green Card, and citizenship
- Be eligible for resettlement services for a period of time, including financial and medical assistance, English classes, employment, and mental health services
What is persecution?
Persecution is when you are treated badly because of your race, religion, nationality, social group, or political opinion. This can include harm, threats, regularly being followed or watched, unfair arrest, torture, or being denied basic rights like the freedom to speak or practice your religion. It means feel unsafe and your life or freedom is in danger if you stay in your country.
Asylum requirements
You can seek asylum only if you:
- Fear persecution in your home country
- Are physically in the United States
- Arrived in the U.S. less than one year ago (with some exceptions)
- Have not already resettled in another country
Applying for asylum
You must apply for asylum within one year of arriving in the USA unless you meet an exception. There is no cost or fee to apply. The steps you take will be different depending on if you are seeking affirmative asylum, defensive asylum, or had a positive credible fear screening.
There are 3 ways to get asylum in the United States:
Affirmative asylum
The affirmative process is for people who are not in deportation or removal proceedings. An asylum officer with U.S. Citizenship and Immigration Services (USCIS) reviews and decides affirmative cases.
Asylum merit interview
This is for people who were placed in expedited removal proceedings and had a positive determination in their credible fear screening. A USCIS asylum officer reviews and decides on the case.
Defensive asylum
The defensive process is for people who are in deportation or removal proceedings before an immigration judge with the Executive Office for Immigration Review (EOIR). A judge reviews and decides on defensive cases.
You may be placed in removal proceedings if:
- U.S. Customs and Border Protection (CBP) claims you entered the USA without proper documents
- U.S. Immigration and Customs Enforcement (ICE) arrested you within the U.S. for not having legal status
- Your affirmative asylum was not approved
What documents do i need to apply for asylum?
Can I seek asylum at the U.S.- Mexico border?
Yes. However, if you seek protection in the U.S. and enter outside of a port of entry you are now subject to a new rule that may make you ineligible for asylum. You may be eligible for lesser forms of protection such as Withholding of Removal and protection under the Convention Against Torture.
This new rule has been called an “asylum ban.” It also restricts who can go to a port of entry to seek protection without a CBP One appointment.
The U.S. government passed this rule to stop people from crossing outside of ports of entry, remove those deemed ineligible for protection faster, and encourage using the CBP One app.
This rule does not affect certain groups. You can still go to a port of entry and may still be eligible for asylum if you are:
- An unaccompanied child
- A victim of severe human trafficking
- Someone with a CPB appointment
- At extreme risk
Anyone authorized to enter the USA can do so at any time at a port of entry. This includes U.S. citizens, lawful permanent residents, and noncitizens with valid visas or legal permission to enter the USA.
This asylum ban happens when the average number of daily crossings reaches 2,500. This number is often reached, so expect this rule to be in place regularly. The rule is lifted when crossings go down, which could take several weeks.