Each year, thousands of people who are already in the United States or arriving at our border seek political asylum, a form of protection from persecution. In the United States, asylum seekers undergo a rigorous process before they are granted asylum and allowed to live here permanently. They can also apply to bring their family members with them into the country, and eventually become naturalized citizens.
Asylum is a type of protection that is available to certain foreign nationals who meet the international law definition of a refugee, as articulated in the UN Convention Relating to the Status of Refugees and the US Refugee Act of 1980. An individual seeking asylum must either show that he or she has suffered past persecution or that he or she has a well-founded fear of future persecution on account of his or her race, religion, nationality, membership in a particular social group, or political opinion.
To qualify for asylum, an individual must pass a credible or reasonable fear interview conducted by a USCIS asylum officer. Those who successfully pass a credible or reasonable fear interview are placed in immigration court proceedings initiated with a Notice to Appear. Alternatively, under the Asylum Processing Rule, individuals who pass a credible or reasonable fear interview may be referred to an immigration judge for their full asylum case on a significantly truncated timeline.
There are several factors that prevent individuals from receiving asylum, including whether they have already been deported and reentered the United States and whether they pose a threat to the United States. Additionally, individuals who commit a “particularly serious crime” or persecute others themselves are generally barred from receiving asylum.