During times of war, natural disasters and protracted displacement, many people flee their homes, seeking protection from persecution. This is known as political asylum. Asylum allows a non-citizen to remain in the United States, with the right to work and live freely, until the government determines their case. Asylum seekers are often some of the most vulnerable members of society, including children, single mothers and survivors of violence, torture or genocide.
Individuals can seek asylum through an affirmative or defensive process. In the affirmative process, a person must be physically present in the United States and submit an application to USCIS within one year of their arrival. The one-year deadline can be waived for individuals with a history of trauma or exceptional circumstances.
A person may also apply for asylum in the United States when they are in removal proceedings. The defensive asylum process requires an individual to have a hearing before an immigration judge to show that they qualify for asylum. A person must show that they have a reasonable fear of persecution or torture based on their race, religion, national origin, political opinion or membership in a social group (such as LGBT individuals or indigenous tribes).
The defensive asylum process is conducted in courtroom-style proceedings and an attorney is a critical part of the team for any individual applying for asylum. Once the person is found eligible for asylum, they are given status as an asylee in the United States and may apply for a work permit, Green Card or citizenship for their family.