Asylum
📊 Explore Asylum data →Asylum is a form of international protection recognized under U.S. and international law that allows individuals who have fled persecution in their home countries to remain in the United States legally. To qualify, an applicant must demonstrate a well-founded fear of persecution based on one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group.
There are two pathways to asylum in the U.S. Affirmative asylum is filed proactively with USCIS, where an asylum officer conducts a non-adversarial interview. If not approved, the case is referred to immigration court. Defensive asylum is raised as a defense against removal in immigration court proceedings before an immigration judge.
Under current law, asylum applications must generally be filed within one year of the applicant's last arrival in the United States, though exceptions exist for changed or extraordinary circumstances. The one-year filing deadline is one of the most common reasons asylum claims are denied.
Asylum grant rates vary dramatically — from over 80% for applicants from certain countries to under 10% for others. Having legal representation significantly increases the likelihood of a successful outcome. Asylum seekers who are granted protection can apply for a green card after one year and eventually pursue U.S. citizenship.
The U.S. immigration court system currently has over 3 million pending cases, many of which involve asylum claims, contributing to wait times that can stretch 4-6 years or longer in some courts.
Related Terms
Credible Fear Interview
A screening interview conducted by a USCIS asylum officer to determine if someone has a "significant possibility" of establishing eligibility for asylum. Those who pass are placed in removal proceedings with the opportunity to apply for asylum.
Withholding of Removal
A form of protection similar to asylum but with a higher burden of proof ("more likely than not" persecution). Does not provide a path to a green card and only protects against removal to the specific country of feared persecution.
Removal Proceedings
The formal process in immigration court where a judge determines whether a foreign national should be ordered removed (deported) from the United States or allowed to remain under some form of relief.
Respondent
The person facing removal proceedings in immigration court — equivalent to a "defendant" in criminal court. Immigration court uses civil, not criminal, terminology.
IJ (Immigration Judge)
A DOJ attorney appointed to preside over immigration court proceedings. Immigration judges are not Article III judges — they are employees of the executive branch (DOJ), which critics argue compromises judicial independence.