Asylum in the United States
Asylum in the U.S. protects individuals who meet the international definition of a refugee under the 1951 UN Convention. Applicants may qualify through persecution-based claims, humanitarian status, or complementary protection. The process involves submitting forms and evidence, often taking months or years. During this time, asylum seekers may face legal, emotional, and financial challenges—but they can apply for work permits and access healthcare and education.
The Malekpour Immigration Institute can guide you for free on how to proceed through various legal methods of immigration to the United States and accompany you on this legal path. In the comments section, you can also ask your questions and receive prompt answers.
Conditions for Asylum in the United States
The conditions for immigrating to the U.S. through asylum are specific to those who flee their country due to fear of persecution. Here, we explain the general conditions for asylum in the United States and the process of applying for asylum:
- You must prove that you face a serious risk of persecution in your country due to race, religion, nationality, political beliefs, or membership in a particular social group.
- You must file your asylum application within one year of your entry to the United States, unless there are specific circumstances (such as changes in conditions in your home country or personal status) that could change this time limit.
- You must be physically present in the U.S. when you submit your application or be in the process of entering the country.
- You must not be barred from asylum based on serious crimes, threats to national security, or ties to terrorist organizations.
Asylum Cases in the United States
Asylum cases in the United States are divided into five main categories. These categories relate to the reasons individuals claim to have faced or may face persecution in their home countries. To succeed in various asylum cases, individuals must demonstrate that they are at serious risk due to their membership in one of these groups.
- Asylum on the basis of race
If an individual has faced or fears persecution in their home country due to their race, they can apply for asylum. Race discrimination may manifest as social, economic, or even physical attacks.
- Asylum on the basis of religion
Individuals who have faced or fear persecution due to their religious beliefs (or conversion) can apply for asylum. This includes those who have been pressured for their worship, religious ceremonies, or beliefs.
- Asylum on the basis of nationality
Individuals persecuted for belonging to a specific nationality in their homeland, or national minorities facing discrimination, may qualify for asylum. This includes individuals persecuted due to wars or ethnic-national conflicts in their country.
- Asylum on the basis of political opinion
This category concerns individuals who have faced persecution due to their political beliefs or activities or fear facing such consequences. This may include individuals who have participated in political protests, opposed political regimes, or belonged to specific political parties.
- Asylum on the basis of membership in a particular social group
This group is quite broad and may include individuals from the LGBTQ+ community, women victims of domestic violence, victims of human trafficking, or others who face persecution due to their membership in specific social groups. This case may include individuals pressured due to gender, sexual orientation, age, socio-economic status, or other personal characteristics.
Steps for Seeking Asylum in the United States
After reviewing the conditions for seeking asylum in the U.S., we turn to the steps involved in becoming a refugee in the U.S. The asylum application process involves several steps that must be carried out accurately and in accordance with U.S. laws. How to seek asylum in the U.S.:
- Entering the United States
- Completing Form I-589
- Fingerprinting and Security Screening
- Asylum Interview
- Decision by USCIS
- Referral to Immigration Court (if application denied)
- Applying for and Issuing a Work Permit
- Permanent Residence (Green Card)
- US Citizenship
Website for Filing Asylum in the United States
To apply for asylum in the United States, applicants must fill out Form I-589 and submit it to the U.S. Citizenship and Immigration Services (USCIS). This process is free and can be done online through a USCIS account.
Asylum in the United States and the Geneva Convention
U.S. asylum laws follow the 1951 Geneva Convention and 1967 Protocol, which protect refugees from being returned to danger (non-refoulement). To seek asylum in the U.S., applicants must file Form I-589 and prove a well-founded fear of persecution.
Following review and interviews, if the asylum application is approved, the individual gains legal rights including residency in the USA, work, and access to social services. The U.S. is also bound to refrain from returning refugees to countries where they would face serious dangers, upholding the fundamental rights of refugees.
Risks of Seeking Asylum in the United States
Seeking asylum in the United States can be an opportunity to find safety and start a new life, but this process is also fraught with risks and challenges that asylum seekers must face. Here are some of the most important risks and challenges related to asylum in the U.S.:
- Legal and administrative complexities
- Psychological and emotional stress
- Economic and employment problems
- Unsuitable living conditions
- Legal and security problems
- Language and cultural problems
- Being away from family
- Adjusting to a new society
Status of Refugee Camps in the United States
Asylum conditions in the United States and the conditions in migrant detention centers have come under severe criticism from human rights organizations. Reports indicate overcrowding, inhumane conditions, lack of medical care, punitive solitary confinement, and restrictions on access to legal counsel. These issues are considered violations of human rights and international laws.
Refugee Rights in the U.S.
Immigrating to the U.S. through asylum offers individuals who, due to a well-founded fear of persecution based on race, religion, nationality, political beliefs, or membership in particular social groups, cannot return to their country, special facilities and rights. Refugees in the U.S. enjoy legal residency rights and can legally work and pursue studying in the U.S.. They also have access to healthcare services and financial assistance to meet their basic needs.
Refugees are able to apply for family reunification to bring their family members to the United States, and after one year of residency, they can apply for permanent residency or U.S. Green Card. They are also under legal and protective rights similar to those of U.S. citizens. However, refugees may face challenges such as finding employment and securing housing, and may need to seek legal advice and supportive services to make the most of their rights and opportunities.
Benefits of Asylum in the United States
Seeking asylum in the U.S. is not recommended due to the numerous dangers involved, and no benefits are worth risking one’s life. The Malekpour Institute advises you to utilize legal immigration methods instead of illegal asylum-seeking.
Asylum in the United States with Family
Refugees can also bring their family members to the United States. The process is that after obtaining refugee status, the refugee can apply for their spouse and children under 21. This application must be submitted to the U.S. Citizenship and Immigration Services (USCIS) and includes necessary documentation to prove family relationships. Once the application is approved, family members can legally immigrate to the United States.
Conditions for Asylum in the U.S. from Turkey
Individuals residing in Turkey cannot apply for asylum directly through the U.S. embassy or consulate. However, if one of their family members has received asylum in the United States, they can apply under the “Following-to-Join” program (Visa 92) to join their family. This process is conducted through the U.S. Embassy in Ankara.
Asylum Application in the U.S. for Afghans
After the withdrawal of U.S. forces from Afghanistan in 2021, more than 84,000 Afghans have been relocated to the U.S. Many entered the country under the “Operation Allies Welcome” program and now must apply for asylum to maintain their legal status. Some of these individuals have faced challenges such as receiving deportation emails, raising concerns in the Afghan community residing in the U.S.
Cost of Seeking Asylum in the United States
The cost of seeking asylum is not directly charged to the asylum seeker, as asylum is a human right established under the “1951 Geneva Convention” and “1967 Protocol” to protect individuals at risk. However, there are numerous hidden and indirect costs depending on the destination country, immigration route, and personal circumstances.
| Item | Estimated Cost Range | Description |
|---|---|---|
| Human Smugglers | $3,000 to $15,000 or more | Depends on the route |
| Fake Documents or Passports | $500 to $5,000 | Illegal and risky |
| Air or Land Travel | $500 to $3,000 | Includes visa-free flights or dangerous land routes |
| Temporary Stay in Transit Countries | $100 to $1,000 per month | Living expenses in Turkey, Greece, Serbia, etc. |
| Lawyers / Consultants | Free to $5,000 | Some NGOs offer free services; some lawyers charge fees |
Work Permit During Asylum in the United States
Asylum seekers in the United States can apply for a work permit under specific conditions. To start this process, asylum seekers must first submit their asylum application and wait at least 150 days after the date of application submission. Then, they can complete Form I-765 (Application for Employment Authorization) and submit their application for a work permit to the U.S. Citizenship and Immigration Services.
Once the application is reviewed and approved, asylum seekers will receive a work permit and can legally work in the U.S. This permit is typically valid for one year and may be renewable. Obtaining a job in the U.S. helps asylum seekers to become economically independent and meet their financial needs while awaiting a final decision on their asylum status.
Frequently Asked Questions About Asylum in the United States
- Who is eligible for asylum in the United States?
To be eligible for asylum in the United States, an individual must first meet the definition of a refugee as established by immigration law. This means they must fear persecution due to race, religion, nationality, political beliefs, or membership in a particular social group.
- How long does the asylum process take in the United States?
The asylum process in the United States is intended to take place within 180 days of the application submission date, unless there are exceptional circumstances.
- Is there a limit on the number of asylum applications in the United States?
Unlike refugees, there is no numerical limit on the number of asylum applications that the government can grant each year.
- How can I succeed in my asylum case in the United States?
To increase your chances, ensure that all your written and oral statements are accurate, detailed, complete (to the best of your recollection), and consistent with any other statements you have provided as well as with reports relevant to your country.
- How much money is needed for asylum?
Asylum itself does not require a specific cost, but due to the risks, we do not recommend it at all.
- What are the conditions for becoming a refugee in the United States?
Conditions for asylum in the U.S. include being at risk for life due to political, religious, ideological, and racial reasons.
Conclusion:
Applying for asylum in the U.S. involves cases based on persecution, humanitarian needs, or complementary protection. The process includes submitting an application, evidence, and attending interviews, often taking months or years. Challenges include legal complexities, delayed work permits, financial hardship, and difficulties with housing and integration.
For expert guidance on U.S. asylum and immigration, contact Malekpour Immigration Institute for free advice, or leave your questions in the comments for a quick response.
