Asking for Asylum

Asylum Status in the United States

United States Asylum Program: Definitions and Benefits

Who qualifies?

People who are already living or who are already in the United States for one reason or another and who have decided not to return to their home country because of persecution or a justified and well-founded fear of persecution on grounds of race, religion, nationality, membership in a particular social group, or political opinion. 

What are the rules?

• Asylum must be asked at a port-of-entry (airport, seaport or border crossing), or
• if you are already in the US, an application must be filed within one year of your arrival in the United States.

It might be useful for you to read the, INS Form I-589 (Application for Asylum and for Withholding of Removal) for helpful infos as to the eligibility conditions. 

Benefits

• authorization to live and work in the United States.
• ability to apply for permanent resident status one year after you are granted asylum. 
• ability to include your spouse and any unmarried children under the age of 21 in your own asylum application if your spouse or children are in the United States. If your spouse or children are outside the United States, you may be able to obtain their being granted the same status. see How Do I Get My Spouse or Children Derivative Asylum Status in the United States?

Even though Asylum status and refugee status look similar, there are differences. Asylum status is asked from within the US by a person who is already in the US. Refugee status is asked from outside the United States by a person who is outisde of the US. Note however that both Asylum seekers and refugees must meet  the refugee definition . 

Note that other considerations apply when you do not meet the above definitions. For example, those who do not qualify for Asylum or refugee may still be considered under the Torture Convention if they can prove that their fear of undergoing torture in their home land is justified. the 

Related resources

How Do I Apply?

• You need INS Form I-589 (Application for Asylum and for Withholding of Removal) and follow the instructions carefully. Forms are available by calling 1-800-870-3676, or by submitting a request through the INS forms by mail system. There is no fee. You can normally expect to complete your asylum processing within 180 days from the date of filing your application. If you are applying with the INS for asylum, you should send your application to the INS Service Center that has jurisdiction over your place of residence. You will find information on where to send your application in the instructions to INS Form I-589. If you have been placed in proceedings before and Immigration Judge, you should file the form with the Immigration Court.
• Can I Travel Outside the United States?
  If you are applying for asylum and you want to travel outside the United States, you must receive advance permission before you leave the United States in order to return to the United States. This advance permission is called Advance Parole. If you do not apply for Advance Parole before you leave the country, you will abandon your application with the INS and you may not be permitted to return to the United States. If your application for asylum is approved, you may apply for a Refugee Travel Document. This document will allow you to travel abroad and return to the United States. For more information, see How Do I Get a Travel Document? .
• Will I Get a Work Permit?
  Asylum applicants can not apply for employment authorization at the same time they apply for asylum. Rather, you must wait 150 days after the INS receives a complete application before you can apply for employment authorization. The INS has 30 days to either grant or deny your request for employment. Please see How Do I Get a Work Permit? for more information.
• How Can I Find Out About the Status of My Application?
  Please contact the INS Asylum Office that received your application. You should be prepared to provide the INS staff with specific information about your application. Please click here for complete instructions on checking the status of your application . Click here for information on INS offices .
• How Can I Appeal?
  Applicants will be interviewed by an Asylum Officer or an Immigration Judge. The Asylum Officer will either approve your application or refer it to an Immigration Judge for a final decision. If the Immigration Judge denies your asylum application, you will receive a letter telling you how to appeal the decision. Generally, you may appeal within 33 days of receiving the denial. After your appeal form and a required fee are processed, the appeal will be referred to the Board of Immigration Appeals in Washington, D.C. For more information, please see, How Do I Appeal? .
• Can Anyone Help Me?
  If advice is needed, prospective applicants may contact the United Nations High Commissioner for Refugees (UNHCR). The High Commissioner's representative in the United States may be reached in Washington, DC at 202-296-5191. You may also contact the INS District Office or Asylum Office near your home for a list of community-based, non-profit organizations that may be available to help asylum applicants with advice and help during their processing. Please see INS field offices home page for more information on contacting INS offices. In addition, please see the INS Webpage that provides information on free legal advice .
• Frequently Asked Questions [FAQs]
  Do you want further information? Click here for INS Frequently Asked Questions on Asylum.