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Asylum

Protection for a person in the United States who fears persecution in their home country on account of race, religion, nationality, political opinion or membership in a particular social group, and how it differs from withholding of removal.

Informational only - this is not legal advice. These definitions explain general legal vocabulary in plain English. They are not advice about your situation, reading them creates no attorney-client relationship, and the law differs from state to state and changes over time. For advice you can rely on, speak to a lawyer licensed in your state.

Looking for a lawyer rather than a definition? Skip to the state-by-state list of Immigration law firms.

What it means

Asylum protects a person who is in the United States, or at its border, and who meets the statutory definition of a refugee: someone unable or unwilling to return to their country because of past persecution or a well-founded fear of future persecution on account of one of five grounds - race, religion, nationality, membership in a particular social group, or political opinion. The harm must be serious, it must be connected to one of those grounds, and it must come from the government or from people the government is unable or unwilling to control. The Supreme Court has held that a well-founded fear can exist even when persecution is less likely than not.

There are two ways to apply, both on Form I-589. A person not in removal proceedings applies affirmatively to a USCIS asylum office and is interviewed by an asylum officer. A person already in removal proceedings applies defensively before an immigration judge. The application must generally be filed within a deadline that runs from the date of arrival, with exceptions for changed or extraordinary circumstances. Asylum is barred for people who persecuted others, were convicted of a particularly serious crime, committed a serious nonpolitical crime abroad, pose a danger to security, or were firmly resettled in another country before arriving. An applicant can request work authorization after the application has been pending for a period set by regulation.

A person who is barred from asylum or misses the deadline may still qualify for withholding of removal, which requires showing that persecution is more likely than not, or for protection under the Convention Against Torture. Both prevent return to the country of feared harm, but neither leads to a green card or lets the person bring family members. A grant of asylum does both: a spouse and unmarried children can be included, and an asylee can later apply to become a permanent resident.

Where this comes from

Immigration and Nationality Act, as codified in Title 8: definition of refugee, 8 U.S.C. § 1101(a)(42); asylum, § 1158 (filing deadline and exceptions, § 1158(a)(2)(B), (D); bars, § 1158(b)(2); derivative family members, § 1158(b)(3)); withholding of removal, § 1231(b)(3); adjustment of status of asylees, § 1159(b). Regulations: 8 C.F.R. Part 208 (procedures, § 208.2-208.14; employment authorization, § 208.7; Convention Against Torture, §§ 208.16-208.18) and Part 1208. Standard of proof: INS v. Cardoza-Fonseca, 480 U.S. 421 (1987). Form I-589: U.S. Citizenship and Immigration Services.

When people hire a lawyer for this

Talk to an immigration lawyer or a DOJ-accredited representative as soon as possible after arriving: the filing deadline is short, and a late or poorly prepared application is hard to repair. Representation makes a large difference in asylum outcomes, because the case turns on detailed testimony, country evidence and legal arguments about the protected ground. Many nonprofit legal organizations take asylum cases at no cost; the immigration court keeps a list of free legal service providers. Never sign an application you have not read or that contains statements that are not true.

Worried about the cost? A lawyer can be hired for one part of a case only (limited-scope representation), may be paid from what a claim recovers (contingency fee), or may be free through a pro bono program or legal aid; a court can also waive its own filing fees.

Find Immigration law firms in your state

Choose your state to see Immigration law firms in the city where we list the most; your city may be under “other cities”, A to Z. A state marked “Business Law” has no Immigration listing yet and opens the broader page.

Alabama (Birmingham)
+1 other city
- Montgomery
Alaska (Anchorage)
Arizona (Chandler)
+6 other cities
Arkansas (Little Rock)
California (Los Angeles)
+19 other cities
- Anaheim
- Bakersfield
- Chula Vista
- Fontana
- Fremont
- Fresno
- Irvine
- Oakland
- Oxnard
- Riverside
- Sacramento
- San Bernardino
- and 7 more with fewer listed firms
Colorado (Aurora)
+2 other cities
- Colorado Springs
- Denver
Connecticut (Bridgeport)
Delaware (Wilmington, Business Law)
District of Columbia (Washington)
Florida (Orlando)
+5 other cities
Georgia (Atlanta)
Hawaii (Honolulu)
Idaho (Boise, Business Law)
Illinois (Chicago)
Indiana (Fort Wayne)
+1 other city
- Indianapolis
Iowa (Des Moines)
Kansas (Kansas City, Business Law)
+1 other city
- Wichita
Kentucky (Lexington)
Louisiana (Baton Rouge)
+2 other cities
- New Orleans
- Shreveport
Maine (Portland)
Maryland (Baltimore)
Massachusetts (Boston)
Michigan (Detroit)
Minnesota (Minneapolis)
+1 other city
- Saint Paul
Mississippi (Jackson)
Missouri (Kansas City)
+1 other city
- St. Louis
Montana (Billings, Business Law)
Nebraska (Lincoln)
+1 other city
- Omaha
Nevada (Henderson)
+2 other cities
- Las Vegas
- North Las Vegas
New Hampshire (Manchester)
New Jersey (Jersey City)
+1 other city
- Newark
New Mexico (Albuquerque)
New York (New York City)
+2 other cities
- Buffalo
- Rochester
North Carolina (Charlotte)
+5 other cities
North Dakota (Fargo)
Ohio (Cincinnati)
+3 other cities
Oklahoma (Oklahoma City)
+1 other city
- Tulsa
Oregon (Portland)
Pennsylvania (Philadelphia)
+1 other city
- Pittsburgh
Rhode Island (Providence)
South Carolina (Columbia)
South Dakota (Sioux Falls, Business Law)
Tennessee (Nashville)
+1 other city
- Memphis
Texas (Houston)
+11 other cities
Utah (Salt Lake City)
Vermont (Burlington)
Virginia (Norfolk)
+3 other cities
Washington (Seattle)
+2 other cities
- Spokane
- Tacoma
West Virginia (Charleston)
Wisconsin (Madison)
+1 other city
- Milwaukee
Wyoming (Cheyenne, Business Law)

Related terms

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Personal GuaranteeA promise by an individual - usually a business owner - to pay a company's debt personally if the company does not, which puts the owner's own assets behind the loan or lease regardless of the entity's liability shield.
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Registered AgentThe person or company a business entity must designate to receive lawsuits and official notices on its behalf - and the address at which a default judgment can quietly begin.
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UCC Financing Statement (UCC-1)The public notice a lender files to stake its claim on a borrower's equipment, inventory, receivables or other business property - the filing that decides who gets paid first when a business fails.

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Part of the LawyerLand plain-English legal glossary. Definitions are written from primary sources - statutes and court rules - and each entry states the authority it rests on, or says plainly when the doctrine is state law with no national rule.

If you cannot afford a lawyer, civil legal aid programs provide free help with many of these problems: civil legal aid programs by state.

Related free reference tools: statute of limitations for a personal-injury claim, by state, quoted from each state's official text - part of LawyerLand's legal reference tools.