Asylum may be granted to people who are already in the United States and are unable or unwilling to return their home country because of persecution or a well-founded fear of persecution on account of race, religion, nationality, membership in a particular social group, or political opinion. If you are granted asylum, you will be allowed to live and work in the United States. You also will be able to apply for permanent resident status one year after you are granted asylum.
Asylum status and refugee status are closely related. They differ only in the place where a person asks for the status asylum is asked for in the United States; refugee status is asked for outside of the United States. However, all people who are granted asylum must meet the
No limits are set on the number of individuals who may be granted asylum in the United States. Under immigration law, approved asylums must reside in the United States for 1 year following their approval in order to be eligible to apply for adjustment to lawful permanent resident status. One year of the asylee’s residence prior to adjustment is counted toward the naturalization residency requirement. Although asylee adjustments are exempt from the worldwide annual limitation on immigrants, the law places a ceiling on the number of asylees who may adjust to permanent residency status each year.
The Immigration Act of 1990 increased the ceiling from 5,000 to 10,000 per year, effective for fiscal year 1991. It also waived the annual ceiling beginning in fiscal year 1991 for those asylees who had met the required 1-year waiting period and filed for adjustment of status on or before June 1, 1990.
To be eligible for asylum in the United States, you must
You may apply for asylum regardless of your immigration status, meaning that you may apply even if you are illegally in the United States. In addition, you must qualify for asylum under the definition of “refugee.”
Your eligibility will be based on information you provide on your application and during an interview with an Asylum Officer or Immigration Judge.