Asylum

What It Means

Asylum is codified at INA section 208 and implements U.S. obligations under the 1951 Refugee Convention and 1967 Protocol. To qualify, an applicant must demonstrate past persecution or a well-founded fear of future persecution on account of one of five protected grounds: race, religion, nationality, political opinion, or membership in a particular social group. Applications are filed on Form I-589 within one year of the applicant's last arrival, though exceptions exist for changed circumstances or extraordinary circumstances under INA section 208(a)(2)(D). There are two procedural tracks: affirmative asylum is filed with USCIS and decided by trained asylum officers at one of eight regional asylum offices, while defensive asylum is raised as a defense to removal in immigration court before an EOIR judge. USCIS has a pending affirmative asylum backlog that has exceeded 1 million cases, and the EOIR immigration court backlog has surpassed 3 million cases total. Approval rates vary dramatically by nationality, adjudicator, and court: TRAC data historically shows grant rates ranging from under 10% to over 80% depending on the judge and docket. Asylees receive work authorization through Form I-765 category (a)(5), may petition for derivative status for spouses and children on Form I-730, and after one year of physical presence may adjust to LPR status under INA section 209(b). The 150-day waiting period before filing for an EAD and the one-year bar are two of the most consequential procedural rules in the asylum system.

Frequently Asked Questions

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