Many people leave their home countries because they are not safe. Some flee war, others escape threats or violence. When someone leaves their country and seeks protection in another country, they might ask for something called “asylum.”
Asylum is a legal way to stay in a country if you fear going back to your own. It is a human right recognized by many countries, including the United States. What are the laws for immigrants who want asylum?
What does the law say about asylum? Who can get it? What are the steps? Let’s take a closer look.
What Is Asylum?
Asylum is a protection given by a country to someone who left their own country due to fear of harm. This fear must be because of certain reasons. The person applying must prove that going home is dangerous for them.
The person who asks for asylum is called an “asylum seeker.” If they are allowed to stay, they become an “asylee.”
Asylum laws are part of both international and national laws. That means they are protected under worldwide rules and also under the laws of each country.
What Is the Legal Basis for Asylum?
There are two main sources of asylum law:
The 1951 Refugee Convention and the 1967 Protocol – These are international agreements that many countries have signed, including the United States. They define who is a refugee and what rights they have.
U.S. Immigration and Nationality Act (INA) – In the U.S., the right to apply for asylum comes from this law. It says that anyone who is physically present in the U.S. or arriving at a U.S. border can ask for asylum.
Other countries have their own asylum laws, but many follow the rules of the Refugee Convention.
Who Can Apply for Asylum?
Not everyone can get asylum. You must meet certain requirements. These include:
You must be in the country where you are seeking asylum or at the border.
You must show that you are afraid to return to your home country.
This fear must be because of at least one of these five reasons:
Race
Religion
Nationality
Political opinion
Membership in a certain social group
Let’s break that down further.
If you are afraid because of general violence or poverty, that is not enough. The law needs a clear reason that matches one of the five categories.
For example:
If you are being threatened because you protested against your government, that could count under “political opinion.”
If you are being harmed because of your religion, that could qualify as “religion.”
You must also show that the government of your home country cannot or will not protect you.
What Is a “Credible Fear” Interview?
If you come to the border and ask for asylum, you will likely go through a “credible fear” interview first. This is a basic screening.
In this interview, you tell an immigration officer why you fear returning to your country. If the officer believes your fear is real, you may be allowed to stay and move to the next step.
If the officer does not believe your story, you may be sent back unless you appeal.
How Do You Apply for Asylum?
The steps can differ depending on how you arrive. But here is a general outline of how asylum works in the United States:
1. Affirmative Asylum Process
If you are already in the U.S. (even if your visa expired), you can apply for asylum using Form I-589. You must file this form within one year of arriving in the U.S.
After that:
You attend an interview with an asylum officer.
You explain your story and show any proof you have.
You can bring a lawyer, but the government will not give you one for free.
The officer will decide if you qualify for asylum.
If the answer is yes, you become an asylee.
If the answer is no, and you are not legal in the U.S., your case will go to immigration court. This becomes the second type of process, called defensive asylum.
2. Defensive Asylum Process
If you are already in removal (deportation) proceedings, you can ask for asylum in court. This is your defense against being removed.
In court:
You go before an immigration judge.
You tell your story and give evidence.
You can also have a lawyer (again, not provided for free).
The judge decides if you get asylum or not.
If you win, you stay. If you lose, you can appeal.
What Proof Do You Need?
The more evidence you have, the better. But even without documents, you can still win if your story is strong and believable.
Evidence might include:
Police reports from your country
Medical records if you were harmed
Witness statements
News articles
Photos
Letters from people who know your situation
You also need to show that your fear is personal. This means the danger is not just for people in general—it is for you in particular.
What Happens After You Get Asylum?
If you win asylum:
You can stay in the U.S. legally.
You can work and apply for a Social Security number.
You can apply for a green card (permanent residence) after one year.
You can ask for your spouse or children to join you in the U.S.
Later, you may apply for citizenship if you qualify.
What Are Common Reasons for Being Denied?
Many people are denied asylum. Some common reasons include:
Missing the one-year deadline
Not having enough evidence
Being found not credible (the judge or officer did not believe your story)
Having a criminal record
Being involved in persecution of others
Moving through another safe country and not asking for asylum there (this is called a “safe third country” rule in some places)
Each case is different, and the result often depends on how well the story is told and supported.
What Is Withholding of Removal?
If you do not qualify for asylum but would be in danger if sent home, you might still get something called “withholding of removal.”
It is harder to win than asylum, and you cannot bring your family or apply for a green card. But it still stops deportation.
There is also something called “Convention Against Torture” (CAT) protection. If you can prove you are likely to be tortured, you might qualify for this, even if you don’t meet the asylum rules.
Do All Countries Handle Asylum the Same Way?
No, different countries have different rules. But many follow the basic ideas from the Refugee Convention.
In some countries, asylum seekers must stay in camps while waiting.
In others, they can live freely, work, and even get support while their cases are being decided.
In all cases, the goal is the same: to protect people from harm if their home country cannot do so.
Can Children Ask for Asylum?
Yes. Children can ask for asylum, even if they are alone. These children are called “unaccompanied minors.” Special rules apply to them.
They may have interviews instead of court hearings. They are supposed to be treated with care, but the process can still be hard and confusing.
Many children also qualify because of gang violence, abuse, or threats due to family issues.
What Is the Role of a Lawyer?
A lawyer can help:
Fill out your asylum application
Prepare you for interviews or court
Gather and organize evidence
Tell your story clearly and legally
Make legal arguments on your behalf
Though the government does not provide free lawyers for asylum seekers, there are many non-profit groups that help. These include immigration legal aid centers, refugee groups, and pro bono attorneys.
Having a lawyer can increase your chances of success greatly.
Is It Easy to Get Asylum?
No, it is not easy. The process is long, sometimes taking years. Many people live with uncertainty while waiting.
Even if you have a strong case, it can be hard to prove. Interviews and court hearings are stressful. Sometimes the rules change due to politics or court rulings.
But for those who succeed, asylum is a new chance at life and safety.
How Can You Prepare?
If you or someone you know wants to ask for asylum, here are some tips:
Keep all documents that show who you are and what happened to you.
Write down your story as soon as possible. Include details like names, dates, and places.
Try to get help from a lawyer or legal group.
Be honest and consistent in everything you say.
Conclusion
Asking for asylum is not simple. But it is a right for people who truly need protection. The law is there to help those who cannot return home safely.
If you are thinking about applying for asylum, take the time to understand your rights, gather your evidence, and seek help when possible.
Related topics:
- How Long Can You Stay on a Student Visa?
- Why Do Large Numbers of People Migrate from Some Countries?
- What Are the Negative Effects of Migration on Society?
