Asylum is protection granted by a state to individuals outside their country of origin who can prove they are fleeing persecution. This status allows them to live, work and study in the country to which they seek asylum. It also ensures that they will not be returned to danger (non-refoulement) and that they have access to durable solutions like legal residency, employment and housing.
Individuals can apply for asylum at a US embassy in their country, or at a point of entry into the United States, such as an airport or border crossing. In general, people seeking asylum must enter the United States legally and apply for asylum within one year of their date of arrival. This rule can be extended for certain family members who are claiming asylum with the main applicant.
Some people are barred from receiving asylum if they fail to meet the definition of a refugee or do not qualify for protection under the laws of the country where they are applying for asylum. In addition, the government may deny someone asylum if they have committed a crime or otherwise pose a threat to society.
Asylum claims can be complex and time-consuming. Immigration backlogs and delays in the court system and at USCIS create significant challenges for many people seeking asylum. These delays can prolong the separation of asylum seekers from their families, make it difficult to retain pro bono counsel, and can impede access to employment, education and trauma recovery services.