Asylum

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Asylum

Mission: To implement U.S. asylum laws in a manner that is fair, timely, and consistent with international humanitarian principles.

What Is Asylum?

Asylum is a form of protection that allows individuals who are in the United States to remain here, provided that they meet the definition of a refugee and are not barred from either applying for or being granted asylum, and eventually to adjust their status to lawful permanent resident.

Background

You can learn more about the Asylum Program in our Overview and History sections. Two Paths to Asylum discusses the differences between the "affirmative" asylum process (applicants who have not been placed in removal proceedings submit their applications affirmatively to USCIS for decision by an Asylum Officer) and the "defensive" asylum process (applicants in removal proceedings request asylum before an Immigration Judge during removal proceedings as a defense against removal from the United States).

Frequently Asked Questions About Asylum

See The Affirmative Asylum Process at a Glance for an overview of the steps involved in the process. For more detailed information on the affirmative asylum process see The Affirmative Asylum Procedures Manual (PDF file).

This section provides answers to your most frequently asked questions, including who is eligible to apply, how to apply, how long the process takes, and where to find the forms.

Statistics

The most recent statistics on the Asylum Program can be found under Asylum Statistics.

Employment:
Working For The U.S. Asylum Program

For the latest job openings with the Asylum Division, please see http://jobsearch.usajobs.opm.gov/dhscareers/

1995 Asylum Reform

The Asylum Program underwent significant reforms in 1995 that have enabled those who are deserving of asylum to receive more expedient processing of their claims while providing a deterrent for those who are seeking to obtain asylum through fraud. Read more about the reforms in:

Reforms of January 1995
Symposium and Celebration of the Fifth Anniversary of the 1995 Asylum Reforms, which was held on February 1, 2000
Asylum Reform: 5 Years Later (brochure in Adobe Acrobat)

Asylum Division Responsibilities

The Asylum Program manages a diverse set of responsibilities, including:

to promptly and accurately adjudicate the asylum reform caseload of new receipts and eliminate the pre-reform backlog;
to adjudicate approximately 240,000 cases filed under the American Baptist Churches v. Thornburgh settlement agreement (ABC);
to adjudicate the suspension of deportation or cancellation of removal claims for certain applicants under Section 203 of the Nicaraguan Adjustment and Central American Relief Act (NACARA);
to conduct "credible fear" interviews and determinations for all persons placed in expedited removal who request asylum or express a fear of removal;
to conduct "threshold screening" interviews and determinations for all persons subject to the U.S.-Canada safe third country agreement;
to conduct "reasonable fear" of persecution or torture screenings of individuals who request withholding of removal and are subject to
- reinstatement of a prior order of exclusion, deportation, or removal, or
- administrative removal based on an aggravated felony conviction
to interview and process applicants for refugee status on overseas details.

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