Got questions about asylum? We’ve got answers.
Asylum is a protection granted by the United States government to individuals who can demonstrate that they have a well-founded fear of being harmed (persecuted, tortured, imprisoned, abused) due to certain characteristics if they were to return to their home country.
If you are an immigrant who fled from your country of origin and you are afraid to go back because of what happened (or almost happened) to you, asylum can give you freedom, safety, and opportunity. It can give you the chance to stay in the U.S., to apply for a green card, and to eventually become a naturalized citizen.
Seeking asylum is a big deal, but it can also be a confusing process to navigate, and immigration laws are constantly changing.
While your true best bet at getting your questions answered correctly for your specific situation is to talk to an attorney* who focuses on asylum (like at Bueno Law – we actually win our asylum cases, in or out of court, and we’ve won 100% of our LGBTQ+ asylum cases!), if you are doing research to help you prepare for that conversation or if you are just curious about what asylum offers/what the process entails, here are answers to some of the most frequently asked questions about asylum!
*Note – the information below is current as of 2024 and does not constitute legal advice. For legal advice, consult with a licensed immigration attorney like those at Bueno Law!*
Frequently Asked Questions About Asylum
What is asylum?
As stated above, asylum is a legal protection that allows people to remain in the U.S. instead of being deported if they fear harm or persecution in the country they would be deported to. People who are granted asylum are known as “asylees”, and can stay and work in the U.S. legally. Being granted asylum can be a path to a green card and eventually to citizenship.
Who is eligible for asylum?
You are likely eligible to seek asylum in the U.S. if you:
- Are a refugee
- Are physically present inside the United States
- Are unable or unwilling to return to your country of nationality
- Are in danger of harm, death, or unjust imprisonment if you return to that country
- Are in danger because you have a well-founded fear of persecution on account of your racial background, religious affiliation, sexual orientation, nationality/ethnicity, membership in a particular social group, or another characteristic
- Are not able to be protected by the government of your country of nationality
- Have no other safe place in that country where you can live
You may not be eligible for asylum if any of the following restrictions (or “bars”) apply:
- You have persecuted others in your country of origin;
- You have already applied for asylum before, and your case was denied.
- You have been convicted of certain serious crimes.
What are the benefits of asylum?
Asylum offers numerous benefits to asylees, the primary one being safety. Some of the others include:
- The right to work in the United States and earn wages
- Job search assistance, career counseling, skills training, and more
- The right to apply for a Social Security card
- The right to request derivative asylum status for your spouse or children who were listed on your application
- The right to apply for a green card after one year of being granted asylum status (and apply for qualifying family members)
- The right to apply for programs that include financial and medical assistance, and English language training
- And more!
How do you apply for asylum in the U.S.?
First, you need to complete Form I-589. Once the form is filed, you will be contacted for an interview with USCIS (U.S. Customs and Immigration Services). If the officer is satisfied that your claim is legitimate, they can approve it; if not, your case will be referred to a court for review and decision.
Having a lawyer is helpful through every phase of this process. A lawyer experienced with asylum cases can help you compile relevant documents and evidence, help you complete Form I-589, and represent you in court if necessary!
How soon after being granted asylum can you get a green card?
You will be eligible to apply for a green card (lawful permanent residence) exactly one year after being granted asylum.
How long does it take to get a work permit after applying for asylum?
In most cases, you can request an initial work permit (also known as an Employment Authorization Document, or EAD) 150 days after submitting your asylum application (Form I-589). You can receive the work permit 180 days after filing. The United States government has to make a decision on your work permit within 30 days; however, this doesn’t always happen, and if you do not receive a decision during this timeframe, you do have legal options (consult with an attorney to learn more).
It’s important for you to know that it does not cost any fees to apply for this initial work permit like it does for other immigration work permit applications. Do not pay any fees and do not request a fee wavier!
You can also apply for a work permit for your spouse or your child(ren) if you included them on your asylum application or if they have their own, but regardless, each person has to submit their own separate work permit application.
How long does it take to be granted asylum?
It can take anywhere from 180 days to several years. 180 days is the benchmark the USCIS sets. However, the backlog of asylum cases is extraordinary – in August 2023, the number of pending affirmative asylum cases alone (not counting defensive cases) was 974, 571! One source estimated that the estimated wait time is more than 6 years.
However, don’t let that number discourage you. Working with a lawyer means that you are much less likely to make mistakes that could lead to additional delays, and that you may have additional resources to expedite the process. Even if it does take years, though, your life doesn’t just stop. You are able to get a work permit and stay in the U.S. while your case is pending.
How many asylum cases are approved in the United States?
This has recently been a source of political debate. PolitFact found that asylum has been granted in about 40% of the nearly 700,000 asylum cases that have been decided since 2000 (yet around 1.9 million have been filed and 40% are still pending).
In 2022, immigration judges ruled on 52,000 asylum cases, and about 46% of people were granted affirmative asylum (the number was closer to 39% for those who applied as a defense against deportation).
What is the difference between refugees and asylum seekers?
The difference has to do with where people are at in the immigration process.
The term “refugee” is often used broadly to include a variety of people, but legally speaking, an asylum seeker is someone who has left their home county and is seeking legal protection in another nation because of persecution or harm that occurred or threatened to occur in their home country.
Asylum seekers are still in the process of seeking that protection; they have not been legally granted asylum or recognized as a refugee under international law or U.S. immigration law.
A refugee is someone who has been granted that protection, internationally speaking; if they are in the U.S., they have status and opportunity to become lawful permanent residents, and eventually citizens.
What are valid reasons for asylum?
There are many valid reasons for asylum – the general umbrella is that you were persecuted or feared persecution in your home country due to your race, religion, nationality, social group, sexuality or gender identity, or political opinion, but of course there are many situations under that umbrella that could qualify you.
For example, at Bueno Law, we frequently help immigrants who identify as LGBTQ+ or victims of domestic violence. Many members of this community seek asylum due to chronic harassment, physical violence, and persecution in their home country, and they have a valid reason because they share a characteristic that has traditionally been persecuted in that nation.
What happens to asylum seekers at the border?
It depends – on a lot of factors – and also on what you mean by “what happens”. It also depends on constantly changing immigration laws.
Most recently, the Biden administration suspended the right to seek asylum (June 2024) for people who arrive at the southern border away from an official port of entry (POE) or at a port of entry without a CBP One appointment (the U.S. government app that offers appointment slots for people to request asylum). That’s why contacting an immigration lawyer is so important, as you need to understand what rights and options you do currently have under this suspension. It’s also important to note that if you haven’t yet attempted to enter the country, you should always go legally through an official port of entry.
Generally speaking, during the appointment, you express fear of returning to your home country and a credible fear interview can take place, to determine if your story is believable and if you meet the legal requirements to apply for asylum or withholding of removal. An asylum officer conducting the interview will use your testimony as well as documentary evidence – letters, notes, audio recordings, photos, videos, news articles, or anything else connected to your case – to determine if you meet the threshold.
That’s also why it is so important to contact an attorney prior to this interview; an attorney can give you the best chances of having a successful credible fear interview and prepare you for what to expect.
Your credible fear interview may take place at or near the border at the port of entry, or you may be transferred to an ICE detention facility inside the U.S. until your interview takes place.
What is the difference between affirmative and defensive asylum?
Affirmative asylum is designed for asylum seekers who are not yet in removal proceedings (deportation). Defensive asylum is for those who are in removal proceedings, and in these cases, asylum would be the defense against deportation.
Think of affirmative asylum as the proactive path and defensive asylum as the reactive path. If you can apply for affirmative asylum, that is preferred, but if you are already facing deportation, there is still hope depending on the specifics of your case! An asylum lawyer can explain your options and next steps in either situation.
How long does asylum last?
Indefinitely! Asylum doesn’t have an expiration date. If you are granted asylum, your status can continue, and it can only be removed by USCIS if:
- You commit a crime
- Conditions in your home country change so that it is determined that you do not need to fear persecution
Revoking asylum rarely happens, but it can; it’s not a guaranteed status for life in the United States, like a green card or citizenship. While you don’t necessarily have to be worried that your status will be revoked, you are strongly encouraged to apply for lawful permanent residence (a green card) one year after being granted asylum so you can have complete confidence that you will be able to pursue your life in the U.S.!
Do you need a lawyer for asylum?
You aren’t legally required to have one, but it is definitely in your best interests to have one. Seeking asylum is complicated even if you think your case is straightforward, and there is a lot at stake – your life may literally be on the line, so you shouldn’t risk a bad outcome because you don’t have the right guidance.
Still have questions? Need legal guidance? The Bueno Law Warriors have your back!
Bueno Law was founded by Fernanda Bueno, a Brazilian immigrant who went through deportation herself. Many members of our team have personally been through the asylum process, and we have professionally helped so many people navigate asylum successfully. It’s our jam – we’re passionate about it and proudly achieve results! We don’t just help you with the paperwork, we go the extra mile to get you your personal power back.
If you have questions about asylum, we have answers, and every minute counts. Call today to request a consultation and learn more!