An asylum seeker is someone who flees persecution in their home country in search of protection. Although people of any age, gender or socioeconomic status can seek asylum, the majority of seekers come from regions around the world experiencing conflict and disaster.
The United States government grants asylum on a discretionary basis. Congress incorporated key provisions of the international Refugee Convention, including the international definition of a refugee, into U.S. law in 1980, but since then, the number of grants has fluctuated. Asylum seekers must establish a “credible fear” of persecution based on one of the five protected categories: race, religion, political opinion, social group, or nationality.
Asylum applicants may file their claim at the place of entry into the United States, such as an airport or a border crossing. The applicant must submit Form I-589, Application for Asylum and for Withholding of Removal, to USCIS and include a detailed personal statement describing the persecution they suffered, how they believe they were persecuted, and what they fear will happen if they return to their home country.
Asylum cases can be long and complicated, and the uncertainty can lead to delays in accessing employment, education, and mental health services. Moreover, asylum case backlogs can exacerbate trauma and increase the difficulty of retaining pro bono counsel who are willing to stay with an individual for the duration of their case. As of 2024, about 8.4 million people were waiting for a decision on their asylum claims worldwide.
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