Asylum is protection granted by a sovereign entity (in this case the United States) on the basis of a well-founded fear of persecution in one’s country of origin, such as on account of their race, religion, nationality, membership in a particular social group, political opinion, or mental or physical disability. Asylum is different from refugee status, which is granted by the UNHCR and regulated by federal law (see our article Refugee Status: What You Need to Know).
The United States has a history of granting asylum both before and after World War II, with Congress establishing the current statutory framework in 1980 (the Refugee Act) that guarantees family reunification rights and provides asylees with a path to citizenship after a year of residence. To qualify for asylum, a person must meet both the international law definition of a “refugee” and the U.S. statutory requirements for asylum, withholding of removal, and/or protection under the Convention Against Torture.
Generally, people apply for asylum affirmatively, through USCIS, at the place where they enter the United States, such as an airport or border checkpoint. In addition, some people, referred to as defensive asylum seekers, apply for asylum through immigration court.
With limited exceptions, certain factors bar people from receiving asylum, including failing to apply within a year of entering the United States or committing serious crimes. In addition, individuals found to pose a danger to the country or have persecuted others themselves cannot receive asylum.