Immigrants already in the United States may apply for asylum if they are unable or unwilling to return to their home country because of persecution or a well-founded fear of persecution on the account of race, religion, nationality, membership in a particular group or political opinion. Those seeking the protection of the U.S. from outside of the U.S. are seeking refugee status.

Asylees may include their spouses and children in thier application even if they do not suffer the same persecution as the person seeking asylum.

The process for applying for asylum is as follows. The first step is to submit an application to the asylum office within one year of arriving in the U.S. This one year time limit is important. Applications for asylum will not be entertained if they are filed after the one year period unless there was substantial hardship or changed country conditions. An asylum interview is then scheduled and the asylee and their attorney go to the asylum office. An interview is held and the application is either recommended or the immigrant is placed into removal proceedings where an immigration judge will decide on the merits of the asylum application.

Persons granted asylum may apply for lawful permanent residency one year after the grant of asylum. Until that time, they can live and work in the United States as an Asylee.

The law concerning the grant of asylum can be found in INA §208 and 8 C.F.R. §208.

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