In the United States, political asylum is a form of protection granted to people who fear persecution in their home countries on the basis of race, religion, nationality, political opinion, or membership in a particular social group. In Fiscal Year 2024, USCIS found 70,549 individuals to have credible fear of persecution. Typically, they have fled violence or threats of harm to themselves or their family members as well as other conditions including poverty, war, hunger, climate change, natural disasters and gang activity.
Applicants for asylum are interviewed at a USCIS office that serves the region where they live. The interview process may take several hours and is non-adversarial. Applicants have the right to have legal representation at their interview. Many do not have access to government-appointed counsel, although a number of nonprofit and faith-based organizations offer free legal services for displaced people.
Asylum seekers must submit a personal statement and documentation including proof of their identity, evidence they are part of a protected class, and that they fear persecution in their home country or at the point of departure. They will also undergo a biometrics appointment and an in-person interview with an immigration officer.
USCIS follows international law, including the 1951 Refugee Convention and its additional protocols, as well as other treaties and agreements. In addition, the 1980 Asylum Act created the current statutory basis for asylum. It guarantees family reunification rights and provides asylees (migrants who receive asylum) with a path to permanent residency after one year.
