Both refugee status and asylum are for protecting people who fear persecution in their home countries because of their:

• Race,
• Religion,
• Nationality,
• Political opinion, or
• Membership in a particular social group (this includes sexual orientation or gender identity).

Whether someone should apply as a refugee or asylee for immigration status depends on whether they are already in the US.

If the person is not in the US, he or she may apply for the US refugee program. If the person is already in the US, he or she may apply for the US asylum program. Learn more about refugees and asylum.

Asylum status 

Asylum is a form of protection. It protects people from removal to a country of feared persecution. It allows them to stay in the US. They can then become a lawful permanent resident.

Asylum is granted to refugees who are already in the US and fear returning to their home countries. For information, see the FAQ on the USCIS website.

There are three ways to apply for asylum:

• Affirmatively, meaning you don't already have a case in front of an immigration judge and you are submitting an application for asylum,
• Defensively, meaning there is already a removal or deportation case against you in front of an immigration judge and you ask the judge for asylum, or
• You are in expedited removal proceedings and say you need asylum.

You must apply for asylum within one year of arriving in the US, unless you qualify for an exception. Your spouse and children who are in the US may be included in the application. A child must be under 21 and unmarried to be included.

Learn the risks and benefits of applying for asylum.

Who cannot apply for asylum

You may not be eligible to apply for asylum if you filed after being in the US over a year. There are exceptions. You must prove:

• Changed circumstances materially affecting your eligibility, or
• Extraordinary circumstances relating to your delay in filing.

Changed circumstances include:

• Changes in country's conditions,
• Changes in the laws that affect your eligibility, 
• Changes in family dynamics, such marriage, divorce, and death, and
• Changes in children’s ages.

Extraordinary circumstances include:

• Serious illness,
• Mental or physical disabilities, and
• Legal disability, such as your status as an unaccompanied child or a mental impairment.

You cannot apply for asylum if you already applied and were denied unless circumstances changed.

Affirmative application

Apply with Form I-589. 

The steps of the asylum process are below:

1. Person arrives in the US,
2. Person applies for asylum,
3. Person is fingerprinted and background security checks are done,
4. Person receives interview notice,
5. Person is interviewed,
6. Asylum officer decides and the office reviews the decision, and
7. Applicant receives a decision.

You cannot apply for affirmative asylum if you:

• Are in proceedings in immigration court or before the Board of Immigration Appeals,
• Are an unaccompanied child and are in removal proceedings,
• Are in the categories of applicants who must currently file by mail with the Asylum Vetting Center, or
• Already submitted a Form I-589, which is pending with USCIS.

For more information, see the USCIS website.

Defensive Application

When you are already in front of an immigration judge for your removal proceedings, you can ask for asylum as a defense to removal. You will give your form I-589 to the judge. The judge will hear your asylum claim like a court case, and the US government attorney can argue against you. You and the government attorney can show evidence, and the judge will decide if you should get asylum. The judge can decide to give you asylum.

Application in Expedited Removal

If you are in expedited removal proceedings and say you want asylum, USCIS will do an interview called a credible fear screening. This interview is used as your application for asylum and you do not need to use form I-589. USCIS will then decide to give your case to an asylum officer to decide if you should get asylum, or send your case to immigration court.

Employment authorization during a pending asylum case

While you are waiting for a decision on your asylum case, you can apply for employment authorization, or permission to work in the US legally, based on a pending asylum claim.

There is a waiting period, so you cannot apply until 150 days after you submit your asylum application. To apply, use Form I-765. Your employment authorization can start 180 days after you applied for asylum. If you cause delays in your asylum case, it can delay the start of your employment authorization.

Employment authorization lasts for up to two years. You can ask to renew it while you still have a pending asylum claim.

If you are given asylum, you can work legally and do not need an employment authorization. If you are denied asylum, your employment authorization will end.

Refugee status

Each year, the US resettles some refugees, meaning they can come to the US and qualify for assistance. They may be able to interview for resettlement in the US if:

• They get a referral to the US refugee program through UNHCR, the US Embassy, or a non-government organization.
• They can directly access the US refugee program without a referral because they are members of special groups already identified by US law or the US government.
• They have a relative in the US who is a refugee or asylee.

The US refugee program then thoroughly reviews cases, including interviewing refugees and conducting background checks. When a refugee is approved for resettlement, they are referred to an agency to finish their casework and get help with traveling to the U.S.

Learn more about refugee status from the USCIS.