The U.S. Asylum Process: Rights, Benefits, and Challenges

Every year, thousands of people come to the United States seeking asylum. Asylum is a form of protection available to people who have fled their home countries because they fear persecution. 

This persecution must be due to their race, religion, nationality, political opinion, or membership in a particular social group.
 

What is Asylum?

Asylum is a protection for people who are already in the United States or are at the border, who meet the international definition of a "refugee." 

The definition comes from agreements made by the United Nations in 1951 and 1967, which say a refugee is someone who can't or won't return to their country because of a well-founded fear of persecution based on their race, religion, nationality, membership in a particular social group, or political opinion. 

The U.S. incorporated this definition into its immigration law with the Refugee Act of 1980.
 

Who Can Apply?

Anyone physically present in the United States or at a port of entry can seek asylum. However, they must apply within one year of their arrival unless there are extraordinary circumstances.
 

How Does the Process Work?

1. Affirmative Asylum: Individuals not currently in removal proceedings can apply for asylum affirmatively. They submit their application to the U.S. Citizenship and Immigration Services (USCIS). If denied, and they don't have legal status, they can end up in removal proceedings and may apply again, this time defensively.

2. Defensive Asylum: This is for people who are in removal proceedings. They can apply for asylum as a defense against removal from the U.S. This application is made in immigration court before a judge.

3. Asylum Processing Rule: Introduced in May 2022, this rule provides a third pathway for asylum. It includes features of both affirmative and defensive processes, designed for quick handling of cases directly at the border. If their initial claim during a quick interview (credible fear interview) is successful, they move to a non-adversarial interview that determines their eligibility for asylum. If denied, they can still see a judge.
 

Rights and Benefits of Asylees

Once granted asylum, individuals can:
 

• Live and work in the U.S.
• Apply for a Social Security card
• Request travel authorization
• After one year, apply for a green card
• Eventually apply for U.S. citizenship

Asylees can also request that their spouse and children join them in the U.S.
 

Barriers to Asylum

Despite the rights granted, obtaining asylum is challenging. Applicants must prove they faced or will face persecution in their home countries. There are also disqualifications for certain serious crimes or if the person poses a danger to the U.S.
 

Deadlines

Applicants generally must seek asylum within one year of arriving in the U.S. Failure to meet this deadline commonly results in denial unless special circumstances apply.
 

Conclusion

The U.S asylum system offers a chance for safety and a new life for people fleeing persecution. However, the process is complex and can be difficult to navigate, especially without legal help, which is not provided by the state.

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