NOTE: This information is from JUNE 7, 2024. We try to update it when there are important changes but it could have changed because U.S. immigration laws change quickly. This information is educational and is not legal advice.

What is included in this article?

• What the word “asylum” means
• Who can qualify for asylum
• Why you might be turned down for asylum
• When to apply for asylum

What is asylum?

Asylum is a type of protection that lets you stay in the United States instead of being removed (deported) to a country where you are scared that you may experience persecution. Persecution means very serious harm. If you want to apply for asylum in the U.S. you have  to be:

1. In the U.S. when you apply, or

2. Trying to get into the U.S. at a port of entry.

To get asylum, you must show why you are scared to return to your home country. 

• If you apply for asylum and your application has been pending (waiting) for at least six months, you can apply for permission to work. 
• If you receive asylum you can later apply for a green card (lawful permanent residence). You can receive a green card after you have had asylum for one year.

Who can apply for asylum?

Only some people can apply for asylum. You should only apply for asylum if ALL of these things are true.

1. You are not from the United States, and you are in the U.S. or at a U.S. port of entry.

2. You have experienced persecution, or very serious harm, in your home country or have a good reason to think you will experience harm if you return. This persecution can mean past physical harm, sexual harm, emotional harm, and/or psychological harm and serious threats of future harm.

3. You were persecuted (seriously harmed) or are afraid you will be persecuted (be seriously harmed) because of one or more of these things about you:

1. Your race
2. Your religion
3. Your political views
4. Your nationality
5. Your membership in a particular social group (such as gender, sexual orientation, or family group)

4. You were persecuted (seriously harmed) or were scared of facing persecution (serious harm) by the government or someone the government cannot or will not protect you from.

5. You have no place in your home country where you could be safe.

You must show that the reason persecution (serious harm) happened or can happen has to do with something about you as a person. The list above (a. through e.) are the five things about you that will count on the application. For example, you could be at risk because of who you are related to. You could also be at risk because of what you believe (for example, that women are equal to men) or for something you have done (like going to a protest). 

These are not the only things that could qualify; they are just examples. It is important to know that you cannot receive asylum because of a generally bad or dangerous situation that almost everyone in your country faces. You must show you are at particular risk specifically for who you are. Financial hardship alone is not a basis for an asylum claim.

Why You Might Get Denied Asylum

Even if ALL the things above are true for you, the U.S. might still deny your application for asylum. The U.S. can do this for a few reasons, and these reasons are called bars to asylum.  

Here are two examples:

1. If you have permanent status in a country that is not your own (permanent status means legal permission to live somewhere). You could potentially still get asylum if you show that you are not safe in the country where you have legal permission to live.
2. If you have already applied for asylum in the U.S. and been turned down before by a U.S. immigration judge or you have an expedited removal order. 

There is a 2023 rule that makes it harder for you to get asylum if you came from a country other than Mexico and came to the U.S. either by sea or at the U.S.-Mexico border between May 11, 2023 and June 4, 2024 and you did not cross with a CBP appointment. Most people who enter the United States at the U.S.-Mexico border without an appointment after June 5, 2024 are not allowed to apply for asylum. There are some exceptions to both rules. Even if you are not allowed to apply for asylum, you may still be able to apply for other status. For more information, follow this link.

When to Apply for Asylum

You need to apply for asylum before one year has passed since you entered the United States. 

If you apply too late, your asylum application might get turned down. There are some exceptions to the deadline, but it is very important to apply before one year has passed since your last entry to the United States. This deadline is the same even if you are in immigration detention.