Roberta Aguirre
Asylum seekers in the United States face a range of challenges, from case processing delays and restrictions on the right to work to limited access to assistance programs. Despite this, seeking asylum in the United States is legal under international and U.S. law. To apply for asylum, you must be physically present in the United States or at a port of entry, such as an airport. At the airport, you must inform the officer that you are afraid of returning to your country, after which you will undergo a credible fear interview. If you pass this interview, you can apply for asylum with an immigration judge. This process can take several months or longer, and you may be kept in detention during this time. However, you can request parole, which allows you to remain free while applying for asylum.
| Characteristics | Values |
|---|---|
| Can I seek asylum at a US airport? | Yes, seeking asylum is legal under international and US law. Asylum seekers must be in the US or at a port of entry (an airport or official land crossing) to request the opportunity to apply for asylum. |
| What do I need to do? | Tell the officer that you are afraid of returning to your country. After this, the officer cannot deport you. You will then do a credible fear interview, which will determine whether you have enough of a chance of winning asylum to be allowed to stay in the country. |
| What happens after the interview? | If you pass the credible fear interview, you can apply for asylum with an immigration judge. This process may take months or even longer. The government may try to keep you in detention during this time, but you can ask for parole, which allows you to be free while you apply for asylum. |
| What do I need to apply? | To apply for asylum, you must file Form I-589, Application for Asylum and for Withholding of Removal, within 1 year of your arrival in the US. There is no fee for this application. |
| What if I am ineligible? | If you are found ineligible, you can remain in the US while your Form I-589 is pending with the immigration judge. Asylum applicants are not authorized to work unless you meet certain requirements. |
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What You'll Learn
- Asylum seekers must be physically present in the US or at a port of entry, such as an airport
- Seeking asylum is legal under international and US law
- Asylum seekers must demonstrate a well-founded fear of persecution in their home country
- Asylum seekers can expect delays in their applications and barriers to employment
- Asylum seekers can receive support from non-profits and NGOs, such as the IRC
Asylum seekers must be physically present in the US or at a port of entry, such as an airport
To apply for asylum, you must complete Form I-589, Application for Asylum and for Withholding of Removal, within one year of your arrival in the US. You must be physically present in the US to file this application. You can include your spouse and children as dependents on your application. There is no fee to apply for asylum.
Once you arrive at a US airport, you will go through an inspection point. Here, an officer will examine your travel documents, take your fingerprints, and photograph you. They will also ask you questions about your travel and your reasons for entering the country. It is important to answer these questions truthfully. At this point, you should tell the officer that you are afraid of returning to your country. They are not permitted to deport you once you have said this.
The next step is a credible fear interview with a government officer, who will decide whether you have a chance of winning asylum. You have the right to an attorney at this interview. If you pass this interview, you can apply for asylum with an immigration judge. This process can take months or even years. You may be kept in detention during this time, but you can apply for parole, which allows you to be free while you apply.
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Seeking asylum is legal under international and US law
According to the IRC, asylum seekers must be in the US or at a port of entry (an airport or an official land crossing) to request the opportunity to apply for asylum. However, the Trump and Biden administrations have restricted access to asylum at the border. On January 20, 2025, President Trump issued Proclamation 10888, which indefinitely suspends the right to seek asylum at the southern border. The order declares that people arriving at the border are an "invasion" and claims that the Trump administration can block asylum and other humanitarian protections.
Despite these restrictions, people seeking asylum in the US have certain rights and protections. They have the right to request asylum without being criminalized, turned back, or separated from their children. They are also generally allowed to remain in the US while their asylum application is pending. Additionally, they may obtain work authorization after their case has been pending for at least 180 days.
To apply for asylum, individuals must submit Form I-589, Application for Asylum and for Withholding of Removal, to USCIS. If their case is not approved, they will receive a Form I-862, Notice to Appear, and their case will be referred to an immigration judge for a de novo hearing. If an asylum seeker establishes a credible fear of persecution or torture, a USCIS asylum officer will conduct a credible fear screening interview. If the asylum officer does not grant asylum, the case will be referred to an immigration judge for further consideration.
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Asylum seekers must demonstrate a well-founded fear of persecution in their home country
To seek asylum in the USA, an individual must be physically present in the country or at a port of entry, such as an airport or an official land crossing. The act of seeking asylum is a legal right protected under international and domestic US law. Asylum seekers are individuals who have fled their homes in search of safety and protection in another country. They may be of any age, gender, socioeconomic status, or nationality. However, the majority come from regions suffering from conflict, disaster, and weak rule of law.
To be granted asylum in the USA, an individual must meet the international law definition of a "refugee." The United Nations' 1951 Convention Relating to the Status of Refugees and its 1967 Protocol define a refugee as a person who is unable or unwilling to return to their home country and cannot obtain protection in that country due to past persecution or a well-founded fear of being persecuted in the future "on account of race, religion, nationality, membership in a particular social group, or political opinion."
To demonstrate a well-founded fear of persecution, asylum seekers must provide evidence of their fear of returning to their home country. This evidence can include personal testimony, which is often critical to the asylum determination, as well as other supplementary evidence if available. The asylum seeker must show that there is a significant possibility that they will be able to establish eligibility for asylum based on the fear of persecution in their home country. This is known as establishing a credible fear.
It is important to note that asylum is a discretionary status in the USA, meaning that some individuals may still be denied asylum even if they meet the definition of a refugee. Additionally, there have been restrictions and challenges to the right to seek asylum at the US border, with prolonged waiting periods of up to seven years in some cases for application adjudication.
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Asylum seekers can expect delays in their applications and barriers to employment
Asylum seekers in the USA can expect delays in their applications and barriers to employment. Seeking asylum is a legal right protected under international and domestic US law. Asylum seekers must be in the US or at a port of entry, such as an airport or official land crossing, to request the opportunity to apply for asylum. While the US has a proud history of providing safety to those fleeing violence and persecution, there are currently more than two million pending asylum cases, which has led to unprecedented waiting times of up to seven years.
This backlog interferes with integration opportunities and damages the credibility of the US asylum system. The delays are caused by a lack of funding to hire additional asylum officers and judges. To address this issue, Congress should scale funding to onboard more personnel and improve the speed of fair adjudications.
In the meantime, asylum seekers face restrictions on their right to work and limited access to assistance programs, making it challenging for them to support themselves and their families. They must apply for employment authorization and wait at least 180 days for a work permit. This delay limits their ability to provide for themselves and increases their risk of exploitation and abuse.
To expedite the process, asylum seekers can seek support from nonprofits and NGOs, like the IRC, which provide information, legal services, and case management programs. The Asylum Seeker Work Authorization Act is a bipartisan bill that aims to reduce the waiting period for work permits from 180 days to 30 days, allowing asylum seekers to contribute to the workforce and better provide for their families.
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Asylum seekers can receive support from non-profits and NGOs, such as the IRC
Asylum seekers in the United States face several challenges, including case processing delays, restrictions on the right to work, and limited access to assistance programs. To address these challenges, non-profits and NGOs like the International Rescue Committee (IRC) provide crucial support. IRC is a well-known humanitarian organisation that offers assistance to asylum seekers through legal assistance, case management, and information services.
IRC caseworkers help asylum seekers navigate the complex legal process of seeking asylum, ensuring they meet the requirements to demonstrate a credible fear of persecution or torture. They also provide practical support, such as housing, education, and healthcare services, to help asylum seekers rebuild their lives. In addition to IRC, other non-profits and NGOs are also actively involved in supporting asylum seekers. For instance, Asylum Access expands legal access and defends refugee rights in Latin America, Africa, and Southeast Asia.
Additionally, local and state-led programs offer limited support, with a few states providing access to health insurance and other assistance. Refugee Council USA (RCUSA) is a coalition of over 40 US-based non-profits advocating for and protecting the rights of displaced people. They focus on strategic communications, programmatic coordination, and advocacy to ensure the US leads in welcoming refugees and asylum seekers. Furthermore, Charity Navigator curates a list of top-rated non-profit organisations that support individuals and families through every stage of displacement, migration, and resettlement.
While the US government has placed restrictions on seeking asylum, non-profits and NGOs play a vital role in filling the gaps and providing essential assistance to asylum seekers. These organisations ensure that asylum seekers receive the support they need while awaiting the adjudication of their asylum applications, helping them overcome challenges and rebuild their lives in safety and dignity.
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