Many people from around the world leave their home countries because they fear persecution, whether it is based on their race, religion, nationality, political opinion or social group. Asylum is a way to find safety and protection in another country while being allowed to work legally, access healthcare and become a permanent resident. However, asylum is not a guarantee of security or a free pass to citizenship.
The right to asylum is rooted in the nonbinding 1951 Refugee Convention, which set forth the definition of a refugee and states that refugees should not be returned to situations where their lives and liberty would be threatened (the principle of non-refoulement). It also allows immediate family members to receive asylum along with the principal applicant.
In the United States, individuals can seek affirmative asylum at a U.S. port of entry or apply for defensive asylum in immigration court after being detained by ICE or other law enforcement agencies. Individuals can also seek more limited forms of protection, such as withholding of removal and protection under the Convention Against Torture.
People seeking asylum often have to wait years before their cases are resolved and may be exposed to financial hardship. In addition to legal costs, they must pay for housing, food, transportation and child care. Depending on their case outcomes, some asylum seekers are eligible for government assistance programs. An ORR office or a public benefits specialist can help determine which services an asylum seeker should apply for.