Applying for Asylum
What is Asylum?
Asylum is a form of protection that allows individuals to stay in the United States if they fear persecution or harm in their home country. People fleeing their country due to such fears can apply for asylum, and if granted, they are allowed to remain in the U.S. and are called asylees. Asylum is distinct from refugee status, which involves resettlement through the U.S. refugee program. To apply for asylum, an individual must be physically present in the U.S. or seeking entry at a port of entry. Persecution can involve harm or threats to oneself or others who share similar characteristics, such as race, religion, nationality, political opinion, or membership in a particular social group. Asylum may also be granted to those who have already suffered persecution in the past.
Forms of Asylum
Affirmative Asylum: An individual who is not currently in removal proceedings can apply for asylum proactively through the U.S. Citizenship and Immigration Services (USCIS), which is part of the Department of Homeland Security (DHS). If the USCIS asylum officer denies the application, the applicant will be referred to removal proceedings, where they can renew their asylum request through the defensive process and present their case before an immigration judge. More details about the affirmative asylum process are available here.
Defensive Asylum: An individual in removal proceedings can apply for asylum defensively by submitting the application to an immigration judge at the Executive Office for Immigration Review (EOIR) within the Department of Justice. In this context, asylum is sought as a defense against removal from the U.S.