What does it mean to seek asylum or flee as a refugee?
People seeking refugee status or asylum generally fear harm in their home country and are looking for protection elsewhere. Some individuals leave due to armed conflict, widespread violence, or targeted mistreatment, while others seek protection because they believe returning home would be unsafe.
Under U.S. immigration law, a refugee is generally defined as someone who is outside their country of nationality and unable or unwilling to return due to a well-founded fear of harm based on specific protected grounds, such as race, religion, nationality, membership in a particular social group, or political opinion.
Asylum is a similar form of protection, but it applies to individuals who are already in the United States or who arrive at a U.S. port of entry. Asylum, if granted, may allow a person to remain in the U.S. and apply for certain benefits.
What is required to qualify as a refugee in the U.S.?
To qualify for refugee status in the United States, a person fleeing persecution, violence, or oppression will need to apply before they enter the U.S. and meet certain requirements. These requirements include:
- Referral from the The UN Refugee Agency (UNHCR) or a U.S. Embassy, or belonging to a specified group with special characteristics in certain countries. Check the current list of priority groups for more information.
- Not being firmly resettled in another country already. This is defined by whether or not you have been offered resident status or citizenship in that country.
- Not being an immediate relative of a U.S. citizen or a special immigrant. If a person has an immediate relative that is a U.S. citizen or special immigrant, they may apply for an immigrant visa instead.
If a person meets the criteria above, the following steps outline the process to apply for refugee status in the United States:
- Contact the UNHCR or an international non-profit volunteer agency. If unable to reach either of these, contact the nearest U.S. Embassy or consulate. Someone from one of these organizations will help to determine whether the eligibility requirements are met to apply to be a refugee in the U.S..
- Next, an I-590 form may need to be completed. When completed, the USCIS will evaluate these forms and conduct an interview to decide whether a person qualifies for refugee status in the United States. There is no application fee for refugee status.
- If refugee status in the United States is approved, that person and their immediate family members (spouse and unmarried children under the age of 21) will be granted refugee status. If the family members are not present at the time of the interview, they will need to file a Refugee/Asylee Relative Petition, Form I-730.
To start the process, or to get assistance, contact the UNHCR.
How to qualify for asylum in the U.S.?
Individuals already in the United States, or those at a port of entry, who want to be protected from being removed to a country of feared persecution may apply for asylum in the United States.
There are fewer qualifications to apply for asylum than for refugee status. Unless there are extraordinary circumstances, asylum seekers are required to apply for asylum within one year of entering into the United States. This one year application deadline may be waived in certain circumstances, such as:
- Changed circumstances or conditions in the country of origin, or last residence.
- When someone who is included as a dependent on a family member's asylum application reaches age 21, or that family relationship ends due to divorce or death.
- Serious illness, death of an immediate family member, or mental, physical, or legal disability.
- Encountering difficulties with the application or legal process, or due to ineffective representation.
Even when a person qualifies to apply after the deadline, waiting too long to apply may be cause for rejection. USCIS urges applicants to not delay filing their applications.
To apply for asylum in the United States, complete Form I-589. There is no fee.
For more information about asylum, see the USCIS Welcomes Refugees and Asylees brochure.
If you have more questions about U.S. immigration law, Consult a Legal Pro.
Please note: This page offers general legal information, not but not legal advice tailored for your specific legal situation. Rocket Lawyer Incorporated isn't a law firm or a substitute for one. For further information on this topic, you can Ask a Legal Pro.
