What is Political Asylum?

In the United States, political asylum is a form of protection granted by the government to people who have been persecuted for their ideas or beliefs. Asylum is a discretionary form of protection, meaning that not everyone who seeks it will be granted it. Typically, individuals seeking asylum must prove that they fit one of the five protected categories (race or ethnicity, religion, nationality, political opinion, or membership in a social group) and that they fear persecution for those reasons if they return to their country of origin.

Those who receive asylum are granted permission to live and work in the United States, but they cannot travel back to their country of origin without risk of being deported. Asylum is not the same as the refugee status granted by the UNHCR, which offers a full set of rights to refugees, including travel and employment authorization.

Asylum seekers must complete Form I-589, Application for Asylum and for Withholding of Removal, submit a personal statement, and provide proof of their eligibility to claim asylum. In addition, they must pay a $100 filing fee to USCIS and include a payment receipt or Payment Tracking ID with their application.

Asylum applicants who do not have a lawyer can apply for asylum at a port of entry or at a US embassy in their country of origin, or at any point in the United States if they meet certain conditions. However, they must be in the United States for one year to apply, and they must have a reasonable fear of persecution if they return to their home country. If they don’t, they may be denied asylum and backstop forms of relief like withholding of removal.