How To Seek Asylum in the United States

Asylum is a path to legal immigration status in the United States. Asylum is for people who are fleeing desperate and dangerous circumstances in their home country.

The U.S. grants thousands of asylum applications each year. If you are considering seeking asylum, you need to know how to bring a strong, compelling legal claim. Contact a qualified immigration attorney for legal advice about seeking asylum.

What Is Asylum?

Asylum is a form of protection for foreign nationals already in the United States or at a U.S. border who meet the definition of refugee.

A refugee is a person unwilling or unable to return to their home country due to past persecution or a well-founded, credible fear of persecution in the future because of their race, religion, nationality, membership in a particular social group, or political opinions.

After obtaining asylum, a person can apply to become a lawful permanent resident (LPR) and get a green card. A permanent resident can then apply to become a U.S. citizen after three to five years.

“The social group is open to any characteristics that cannot be changed that they’re being persecuted for,” says Richard Fleischer, an immigration attorney at The Fleischer Law Firm in Cincinnati. “Say, women from a certain country abused by their husbands, or a country that persecutes people because they are gay.”

There are technically two types of asylum claims:

• Affirmative asylum. The asylum applicant brings the issue to the USCIS asylum office first. They initiate the affirmative asylum process on their own.
• Defensive asylum claim. The applicant applies for asylum in response to deportation or removal proceedings.

How To Apply for Asylum in the US

Under U.S. immigration law, any person who is physically present in the U.S. or who arrives in the U.S. may submit an application for asylum. This is regardless of whether they arrived through a designated port of entry or not, and irrespective of the person’s status. With some exceptions, the law allows foreign nationals up to one year to apply for asylum once in the U.S.

The method to request asylum is to “go to a port of entry — land border or airport — and tell the officer you’re afraid to go back to your country and that you’re asking for asylum,” says Jonathan Montag, an immigration attorney in San Diego. “The officer is supposed to arrest you and start you in the process of applying for asylum. Even if people cross into the country illegally, they still have the legal right to apply for asylum.”

Montag adds that “ID documents are important, because, to make your asylum claim, you need to show your identity and the reason why you’re afraid to go back to your country. It’s your burden to prove your identity and your fear of why you don’t want to return. The more you have to prove your story, the better.”

Asylum-seekers who have family members in the U.S. should send their documents in advance so they don’t get lost during the intake process.

Understanding the Basis for an Asylum Claim

You can file for asylum in immigration courts or with the U.S. Citizenship and Immigration Services (USCIS) asylum office.

One of the most important things to know about an asylum case is that there are only narrow grounds to establish the basis for such a claim. You can’t apply for asylum simply because life is difficult or unpleasant in another country.

“If you got into a fight with a business partner, and they threatened to kill you, you have every right to be afraid. But that doesn’t fall into one of the five grounds of asylum,” says Fleischer. Asylum seekers must be able to establish that they meet the definition of an asylee under American law. They must have a credible claim that they face persecution on a protected basis.

A person can file an application for themselves, their spouse, and any unmarried children under the age of 21. For spouses and children, use Form I-730, Refugee/Asylee Relative Petition.

Current Asylum Process in the US

Long-established humanitarian laws and asylum options have been challenged by the Trump administration. “None of this prosecuting everybody who comes across illegally to seek asylum has ever been the policy before,” says Montag. However, many of these policy changes, such as President Trump’s 2025 executive order suspending asylum at the southern border, face ongoing litigation.

Policies from the U.S. Department of Homeland Security (DHS), U.S. Customs and Border Protection (CBP), and USCIS are subject to change. For the most up-to-date information on U.S. asylum eligibility, talk to an immigration lawyer.

What Happens at the Asylum Interview

Eventually, the asylum office will interview the applicant. The examiner at the asylum office will look to see if you were persecuted in the past, before you came to the United States. If you have, there’s an assumption that, if you go back, you will be persecuted again — unless country conditions have changed, says Fleischer.

If you have not faced persecution in the past but believe you will be in the future, you have to prove that you have a well-founded fear. According to Fleischer, sometimes that’s easier to show than others.

“Fairly recently, you filed, and you’re first-come, first-served,” says Fleischer. “But there are so many filers that they’re years behind the actual interview at the USCIS asylum office — which is terrible. I have people from different countries who have been waiting three years or more before an interview.”

Legal Assistance During Asylum Interviews

After the asylum-seeker is taken into custody, “They’re interviewed by an immigration officer. That’s when they initially lay out the reasons they’re afraid to go back,” Montag says.

If they make this claim, an asylum officer will conduct a credible fear interview — asking in more detail what the person’s fears are. “If the asylum officer determines that there is a credible fear and the person would win an asylum case, they then refer the case to an immigration court, and the immigration judge can decide if the person qualifies for asylum here,” says Montag.

Ultimately, the success of an asylum application will depend on a person’s ability to present a strong and credible claim. It is highly recommended that asylum applicants seek guidance from an experienced immigration lawyer.

A lawyer can review the key elements of your case and help you build the most effective claim before an immigration court or USCIS asylum office. Relevant evidence in an asylum claim can come in many different forms, including personal affidavits and sworn witness statements.

“Over my 46 years, I’ve [represented] people from many, many different countries. It can be a cruel world out there,” Fleischer says. “If the facts are there, it doesn’t matter what country you’re from.”

Find Experienced Legal Help

Asylum-seekers looking for legal services, or to file a lawsuit for unfair treatment, and other questions regarding these laws should seek the advice of legal counsel.