- Victims of human trafficking or certain crimes.
- Special Immigrant Juveniles.
- Victims of abuse under specific acts (e.g., Cuban Adjustment Act, HRIFA).
- Participants in the Diversity Immigrant Visa Program.
- Various other special categories, such as American Indians born in Canada or those continuously residing in the U.S. since January 1, 1972.
What Is Asylum?
Asylum is a form of protection granted to foreign nationals who are either already in the United States or have arrived at the border and meet the international law definition of a “refugee.” According to the United Nations 1951 Convention and the 1967 Protocol, a refugee is someone who cannot return to their home country due to a well-founded fear of persecution based on race, religion, nationality, membership in a particular social group, or political opinion. While asylum is a discretionary status, meaning it is not guaranteed even if one meets the definition of a refugee, the U.S. has legal obligations under the 1967 Protocol and its own immigration laws to provide protection to qualifying individuals.
How Does Asylum Help People Fleeing Persecution?
If granted asylum, an individual—referred to as an asylee—is protected from being returned to their home country and is authorized to work in the United States. Asylees can apply for a Social Security card, request permission to travel overseas, and petition to bring their spouse and children to the United States. Additionally, asylees may be eligible for certain government programs, such as Medicaid or Refugee Medical Assistance. After one year, an asylee can apply for lawful permanent residency (a Green Card) and, after four years of permanent residency, apply for U.S. citizenship.
What Is the Asylum Application Process?
There are three primary ways to apply for asylum in the United States:
- Affirmative Asylum:
Individuals who are not in removal proceedings (or those designated as “unaccompanied children” even if in removal proceedings) can apply for asylum affirmatively through U.S. Citizenship and Immigration Services (USCIS), a division of the Department of Homeland Security (DHS). If USCIS does not grant asylum and the applicant lacks lawful immigration status, they will be referred to immigration court to pursue their asylum claim through the defensive process. - Defensive Asylum:
Individuals already in removal proceedings can apply for asylum defensively by filing their application with an immigration judge at the Executive Office for Immigration Review (EOIR) under the Department of Justice. This process is used as a defense against removal from the United States.
