Asylum Seeking

According to the United States Citizenship and Immigration Services (USCIS), asylum is a form of protection granted to individuals in the U.S. who fit the definition of refugee as defined by U.S. Law. This definition includes individuals who are unable to return to their countries of origin due to persecution or a well founded fear of persecution based on the individual's race, religion, nationality, membership in a particular social group or political opinion. Qualified individuals may be granted asylum and permitted to remain in the U.S. if they meet the definition of refugee and not otherwise barred admissibility to residing in the U.S. if the asylum request is made within the U.S. or at a U.S. port of entry. The U.S. Asylum Program, unlike the U.S. Refugee Program, provides protection to individuals already in the U.S. or at a U.S. port of entry. Individuals may apply for asylum in the United States regardless of immigration status, whether they are in the U.S. legally or illegally.

Fast Facts

  • Individuals already in the U.S. may apply for asylum by filing Form I-589, Application for Asylum and for Withholding of Removal.
  • The legal provisions of the Immigration and Nationality Act (INA) covering asylum is codified in the Code of Federal Regulations, 8 CFR 208.
  • The INA requires USCIS to process asylum applications in a timely fashion with the initial interview within 45 days of the filing the of Form I-589 and a decision on the application within 180 days of the application filing.

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